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NAVY | DRB | 2005_Navy | ND0500967
Original file (ND0500967.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND05-00967

Applicant’s Request
The application for discharge review was received on 20050519. The Applicant requests the Discharge Characterization of Service received at the time of discharge be 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 20060209. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the 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 and/or attached document/letter:

 “To whom it may concern:

I was discharged from the US Navy in December of 2001 . The DD-2 14 stated that I received a General- Under Honorable discharge, because of a personality disorder . I do not have any form of a persona l ity disorder now, nor then . I put on a show so that I would be re l eased from the Navy. I was stationed in Goose Creek, SC at NNPTC . I was there for a couple of months . After the first month or so in the program, I was behind the “power curve” and my scholastic performance was poor . M y gra d e dropped to a 2.3 and stayed there for 2 or 3 weeks . Based on my g rades, the commanding officer removed me from the school . Since I entered the Na vy as an E-3 because of the nuke school, when I was removed from the school I was administratively reduced in rank to E-1.
From Goose Creek, the Navy sent me to Pensacola . In Pensacola, I was, given a couple of different jobs that I could transfer into . None of the jobs that they offered appealed to me . At that point, I decided I didn’t want to stay in the Navy and perform one of the jobs they had selected for me. I left . I went on a road trip for about a week . I was UA . When I returned to NTTC, I was sent to talk to a senior chief . I told her that I was depressed and thinking about suicide . With that information, she sent me to see a psychiatrist on base . I told him the same story, only in more depth. He asked me if I wanted out of the Navy . He said to just tell him the truth . So I told him I wanted out . He sent me back to my barracks and told me to come back in three or four days . Instead, I left again.
When I got back to base, I went to see the doctor . He sent me to my unit . I was written up and taken to Captain’s Mast . I was fined half of my pay and put on restriction for 30 days . The doctor saw me once more and told me he was going to let me out of the Navy . They never held a medical board or anything like that . The psychiatrist recommended to the CO that I be discharged, and the CO saw to it. Now, when I look back on the situation, I realize that I was very immature for making the decisions that I made . I know that I should have taken one of the choices they gave me and just made the best out of it . I also realize that things do not always go just the way that I would like for them to . Nevertheless, when something does not go my way, I just have to try to see the good sides of the situation and work with it. I have matured greatly over the past two years . I have made poor decisions in the past, put I have learned from my mistakes . I am very responsible in all of my actions . I am ready to take on new challenges that lie before me, in a mature manner. There are many reasons that I want to serve my country in the US Army . For one, I believe that every young, healthy man should serve in the armed forces . Second, I made a commitment before, in the Navy, and I fell through on my part of the deal . I quit, and I am not a quitter . I still owe my self and the government at least four years of service . Also, I want to start a career that has opportunity . In the military, I will have excellent benefits, advancement opportunities, chances to travel and fair pay . Mainly, I want to me in the US Army so that I will have a career, a life, that I can be proud of . I will be an outstanding asset to the United States Army.
 Current Army policy states that no one may enlist in the Army if they received any discharge except “honorable “from another branch of the military . For this reason, I am requesting that my discharge be changed to “Honorable.” I have exhausted every other option . I have even had multiple Congressmen write letters stating my case. You are my last hope. Please take my statements to heart. Help me right my wrong.
 Thank you for your time and consideration.

Respectfully,

W_ R. P_
(social security number deleted) ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from C_ B_, Psy.D, Licensed Psychologist, dtd December 8, 2003
Applicant’s DD Form 214 (Member 1)
Letter to the Applicant from Congress of the United States, B_ C_, dtd October 28, 2004
Letter to the Applicant from Office of the Vice President, C_ B_, Special Assistant to the Vice President for Correspondence, dtd October 12, 2004
Letter to the Applicant from Congress of the United States, B_ C_, dtd September 30, 2004
Letter to Honorable B_ C_, Representative in Congress from B_ C. M_, Majory, US Army, Chief, Human Resources Division, dtd October 22, 2004
Letter to the Applicant from Office of the Deputy Chief of Staff N_ L. D_, dtd November 2, 2004
Letter to the Applicant from The White House, Special Assistant to the President and Director of Presidential Correspondence, H_ M_, dtd October 13, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USANG  19991228 - 20001013      ELS
                   USNR (DEP)       20010316 - 20010415      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20010416             Date of Discharge: 20011228

 Length of Service (years, months, days):

         Active: 00 08 13
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 31
         Confinement:              None

 Age at Entry: 19

 Years Contracted: 4

 Education Level: 12                                 AFQT: 88

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.0 (1)                       Behavior: 3.0 (2)                 OTA: 2.88

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): None


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 :

010316:  Pre-service waiver for reentry code granted.

010322:  Pre-service waiver for prior service granted.

 011115:  Medical evaluation at Naval Hospital, Pensacola, FL
 [Extracted comments from medical officer statement] Applicant diagnosed with AXIS I: Adjustment disorder with depressed mood Occupational Problems. AXIS II: Personality disorder not otherwise specified with immature features. The psychiatrist recommended separation based on a personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. Applicant was considered self-destructive and a continuing risk of harm to self or others.
011206:  NJP for violation of UCMJ, Article 86 (3 specs): (30 days).
         Award: Forfeiture of $521 per month for 1 month, restriction and extra duty for 45 days. No indication of appeal in the record.

011212:  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.
011212:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
020109:  Commanding Officer, Naval Technical Training Center, Corry Station, Pensacola, FL directed discharge with a general (under honorable conditions) by reason of personality disorder. Commanding Officer’s comments: “Seaman Recruit P_(Applicant) reported to this command on 22 October 2001. Medical authorities at Naval Hospital, Pensacola, evaluated Seaman Recruit P_ on 15 November 2001 because of emotional and work performance problems. He was found to have a severe personality disorder which rendered him unsuitable for further service in the Navy. Furthermore, medical authorities determined that Seaman Recruit P_(Applicant) may become a threat to harm himself or others if retained.”
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20011228 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).

When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A general 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 1 nonjudicial punishment proceedings for violations of Articles 86 of the UCMJ. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The NDRB recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most members of the Navy serve honorably and with integrity, and therefore earn their honorable discharges. In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. The NDRB found that the Applicant's service was equitably characterized. Relief denied.

The Applicant states that he never had a p ersonality disorder and that he lied to get out of the Navy. The NDRB found that t he Applicant was diagnosed with a personality disorder by a competent medical authority at Naval Hospital, Pensacola, FL. The record shows the Applicant was diagnosed with AXIS I: Adjustment disorder with depressed mood Occupational Problems and AXIS II: Personality disorder not otherwise specified with immature features. He was recommended for expeditious administrative separation from the Navy per reference A, Part IV. W_ H_, MSC, USN stated “ that the member is not mentally ill but manifests a long standing disorder of character and behavior which is of such severity as to render this individual (Applicant) incapable of serving adequately in the US Navy”. The record also states “…The member may become a threat to self or others if retained in the US Navy”. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board found that the Applicant’s post-service diagnosis from C_ B_, Psy.D, a civilian Licensed Psychologist, which states that there is no evidence of personality disorder or psychopathology, does not invalidate an earlier diagnosis received while on active duty. Thus, the Board finds that the Reason for Discharge reflects the Applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance. Relief denied.

The NDRB notes that the Applicant has a RE-4 reenlistment code (ineligible for reenlistment). The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, and the NDRB is not authorized to change a reenlistment code. The NDRB advises the Applicant that an unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

The following is provided for the edification of the Applicant. 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 after a review of Applicant’s case. 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. As of this time, the Applicant has not provided any post-service documentation for the Board to consider.

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 additional evidence related to this discharge. 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), Change 33, effective
14 Aug 2001 until 21 Aug 2002, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s)

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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