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NAVY | DRB | 2005_Navy | ND0500877
Original file (ND0500877.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-HA, USN
Docket No. ND05-00877

Applicant’s Request
The application for discharge review was received on 20050419. The Applicant requests the Discharge Characterization of Service received at the time of discharge changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050811. After a thorough review of all available records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered. The Board’s vote was unanimous that the character of the discharge and reason for discharge shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder .
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

“I was falsely diagnosed with a personality disorder. I was supposed to be discharged due to failure to adjust just as the Doctor had written in my medical record. I was only 19 years old. I tried to adapt to the Navy but it did not work out. I did not do anything to deserve a less than honorable discharge. I was never diagnosed with a psychiatric disorder & if the Navy thinks I do, I feel they are responsible because I was a perfect young man prior to joining. I feel they owe me full medial treatment & VA benefits to me. Injured discharge veteran. I am entitled to VA benefits & disability due for my “Personality Disorder”. Cont.

 Applicant’s Remarks: I deserve an honorable discharge and FULL VA benefits & disability compensation. I was never referred to a Mental Health Tech or anything after I was “diagnosed” and discharged. That title has ruined my chances of getting a good job to support myself. I would like you to provide me with an honorable discharge, Full VA benefits & disability compensation. I’m only 20 now I need to be able to provide for myself. Its hard when Personality Disorder is on my record. Please take into consideration I need to live & have healthcare its only fair. The Navy is responsible. I don’t have the courage to do it alone. Please help me!”


 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         
         Inactive: USNR (DEP)     20030127 – 20030820              
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20030821             Date of Discharge: 20040730

 Length of Service (years, months, days):

         Active: 00 11 07
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 4 days
         Confinement:              none

 Age at Entry: 18

Years Contracted: 4 (12 month extension)

 Education Level: 12                                 AFQT: 42

 Highest Rate: HA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (1)     Behavior: 3.0 (1)        OTA: 3 .00

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214) : National Defense Service Medal


Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/ PERSONALITY DISORDER, authority: MILPERSMAN, Article 1910-122 (formerly 3620225).
Chronological Listing of Significant Service Events :

040427:  Camp Pendleton Emergency Treatment, “clearly depressed”, referred to Mental Health.

040429:  Naval Hospital Camp Pendleton, Mental Health, diagnosis major depressive disorder.

040521:  Unauthorized absence, 0530

040524:  Surrendered from unauthorized absence to Naval Medical Center, 2250

040525:  Medical evaluation by Naval Medical Center, San Diego, California.
 Adjustment disorder with depressed mood, personality disorder with dependent and avoidant features.
Patient is neither suicidal nor homicidal at the time of discharge. The attending psychiatrist advises administrative separation. The member is not considered mentally ill but does manifest a longstanding disorder of character and behavior, which is of such severity as to interfere with serving adequately in the military. Although not considered imminently suicidal or homicidal, this member is at continuing risk of doing harm to self or others due to impulsive and self destructive behavior. Administrative separation in accordance, NAVMILPERSMAN 1910-122, NAVMILPERSCOM Instruction 1910-10 and NAVOP 013187 is recommended
040702:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government-personality disorder.
040715:  Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

040719:  Commanding Officer, Naval Hospital, Camp Pendleton, advising CNPC of his direction to Personnel Support Detachment, Camp Pendleton, to administratively separate applicant with a General (Under Honorable Conditions) discharge due to convenience of the government-personality disorder. Comments: “HA W__ has a long-standing disorder of character and behavior that renders his unsuitable for continued military service. In addition, he is judged to represent a risk to himself or others if retained on active duty.”

Service Record contains the complete Administrative Discharge package.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20040730 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of general (under honorable conditions). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).

Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety or inequity after a review of Applicant’s case. When the service of a member of the U.S. Navy has met the standard of acceptable conduct and performance, it is appropriate to characterize that service as honorable. A general (under honorable conditions) discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. The Applicant’s service was marred by a period of unauthorized absence, although it was not adjudicated prior to discharge. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirement of his contract with the U.S. Navy and falls short of that required for an upgrade of his characterization of service. Relief is not warranted.

The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The Applicant was diagnosed, by a qualified medical officer, as possessing a long-standing disorder of character and behavior of such severity as to interfere with serving adequately in the Navy. He was considered a continuing risk to do harm to himself or others. The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a Personality Disorder. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason Separation would be inappropriate.

The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

There is no law or regulation, which provides that an unfavorable discharge may be upgraded, based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. The Applicant did not submit documentation for the board to consider. Based on a lack of sufficient post service factors relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. Representation at a personal appearance hearing is recommended but not required


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 2002 until Present, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may view DoD Directive 1332.28 and other Decisional Documents by going online at “ http://Boards.law.af.mil ” .
The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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