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NAVY | DRB | 2005_Navy | ND0500991
Original file (ND0500991.rtf) Auto-classification: Denied


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

ex-QM2, USN
Docket No. ND05-00991

Applicant’s Request
The application for discharge review was received on 20050524. The Applicant requests the Narrative Reason for Separation be changed to “JBM-E.O.S within 3 months.” The Applicant requests a personal appearance hearing discharge review before the Board in the Washington National Capital Region. The Applicant did not designate a representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20051013. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the Applicant’s narrative reason for separation was discovered by the NDRB. The Board’s vote was unanimous that the reason for discharge shall not change. The discharge shall remain Honorable 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 attached document/letter:

“(I) Authority for Separation was based on inequitable information. Notwithstanding six years of superb command performance evaluations, high recommendations of retention and promotion, a solitary medical professional opinion and “recommendation” was the sole cause for this separation. One person’s opinion is inequitable compared to six entire years of evidence to the contrary with regards to character and personality.”

“(II) Although an HONORABLE discharge, the narrative reason for separation”, “separation code”, and authority for separation” known as block 25-28 on the DD-214 are totally prejudicial to the earned Honorable discharge and would fail this honorable military combat veteran on ANY background investigation in which only a single DD-214 was required. This is a total tragedy.”

“(III) I am requesting that the DD-214 Block 25-28 be altered to reflect the honorable service for which was given. My recommendation for alteration is listed above and is consistent with the Hard EOS date of 1/30/2005 by re-enlistment contract. I am also requesting the board review Document (1) Official Letter of Disagreement. This letter contains my petition, and other prejudicial and medical entries for which do not belong in the service record or service record microfiche. They contain the instructions and the details of the electronic documents for removal and change. I am requesting this relief and for additional further relief as is due and proper.”

Thank You,

J_ D. R_

Purpose
1. Request a change to DD-214 BLK 25-28 (Reason for Separation)

2. Request the deletion of certain microfiche, and paper records maintained in the “service record” (see Schedule A).

3. Request the addition of certain awards to the DD-214 and to the “service record” microfiche. (see Schedule B).


 Evidence

A . ALL E1-E5 service performance evaluations. Separation authority was granted for a single medical doctor opinion and recommendation with regard to “personality disorder”. This was inequitable compared to six years of performance and retention recommendation to the contrary.

 B . ALL E1-E-5 award. Further substantiating above mentioned arguments.

 C . Official Copy Duty Assignments -substantiating the request for award of the “Global War on Terrorism Expeditionary Medal”.


 Reasons
1. “Reason for Discharge” known as BLK 25-28 are prejudicial to the earned received “Honorable” discharge. They contain highly sensitive information that is contested and is proven inequitably based. They are detrimental the employment future of the combat veteran through consented background investigation.

2. Microfiche and Paper entries as listed in “Schedule A” contains highly sensitive and Medical information that should not be accessible in a service record or service record microfiche, but a MEDICAL record instead.

3. The Global War on Terrorism Expeditionary Medal was earned by assignment on USS DEXTROUS MCM-13 from 13 MAY 2002- JUN 6, 2003 in support of Operation Iraqi Freedom. The medal is required to substantiate Veteran’s Preference claims.

REQUESTING ALL ABOVE MENTIONED CHANGES AND FOR FURTHER RELIEF THAT THE BOARD MAY FIND DUE AND PROPER.

 SCHEDULE A
Request the Deletion or appropriate “blocking out” of the following for Sensitive Medical Reference not belonging in the Service Record for which belong only in the MEDICAL RECORD instead.

MICROFICHE ENTRIES: 4

         1. SUBJ33CSF – SEPARATION – CONVENIENCE OF THE GOVERNMENT
         DIGIDOC: 56857086 PAGES: 5 CREATED 10-13-2004

         2. NAVPERS 1616/26 – EVAL REP AND COUNSELING RECORD
         DIGIDOC 57040542 PAGES 2 CREATED 10-19-2004

         3. DD214 – REL DICH ACDU CERT
         DIGIDOC: 56752461 PAGES: 1 CREATED 01-19-2004

         4. DD214 – REL DICH ACDU CERT
         DIGIDOC: 56939253 PAGES: 1 CREATED 10-19-2004

PAPER ENTRIES

All paper entries that correlate to the above mentioned microfiche for deletion

 SCHEDULE B
The following award were earned and unlisted on the DD-214.

         1. Global War on Terrorism Expeditionary Medal
         2. Second Navy & Marine Corps Achievement Medal

The following award were mistyped on the DD-214

         1. Combat Action Ribbon



Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214
History of Assignments
Evaluation Report & Counseling Records (14 pgs)
Letter of Commendation
Navy and Marine Corps Achievement Medal Certificate, dtd May 29, 2003
Navy and Marine Corps Achievement Medal Certificate, dtd April 1, 2002
Combat Action Ribbon Authorization Letter, dtd October 2, 2003
Certificate of Completion (Enlisted Surface Warfare Specialist), dtd May 12, 2000
Awards Listing
Designation as Assistant 3M Coordinator, dtd April 23, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19980730 – 19980903               COG
         Active: USN                        19980904 – 20020130               HON

 Period of Service Under Review :
Date of Enlistment: 20020131             Date of Discharge: 20041019

 Length of Service (years, months, days):

         Active: 02 08 19
         Inactive: None

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

 Age at Entry: 21

Years Contracted: 3

Education Level: 10 (GED)                                   AFQT: 69

 Highest Rate: QM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.2 (4)     Behavior: 3.7 (4)        OTA: 3 .96

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214) : Navy and Marine Corps Overseas Service Ribbon (3), Battle “E” Ribbon (3), Sea Service Deployment Ribbon (3), Navy Pistol Marksmanship Ribbon, Navy Rifle Marksmanship Ribbon, Armed Forces Expeditionary Medal (2), National Defense Service Medal, Good Conduct Award, Navy and Marine Corps Achievement Medal (2), Combat Action Ribbon, Flag Letter of Commendation, Enlisted Surface Warfare Specialist


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

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

020131:  Reenlisted this date for a term of 3 years.
041005:  Commanding Officer, Naval Hospital, Pensacola psychiatric evaluation:
 Axis I: Personality Disorder Not Otherwise Specified with Schizoid, Schizotypal, and Borderline Traits.
Axis II: Adjustment Disorder with Depressed Mood.
The clinical opinion is that the member manifests a long-standing disorder of character and behavior which is of such severity as to render this individual incapable of serving adequately in the US Navy. Through examination the patient is considered competent. This member does not require and will not benefit from hospitalization or psychiatric treatment in a military setting. QM2 R_(Applicant) is not considered suitable for access to weapons or explosives, classified information, or for further productive military service. Expeditious administrative separation is strongly recommended for convenience of the government by reason of severe personality disorder. QM2 R_ (Applicant) will most likely become an increasing administrative burden to his command with deteriorating performance, conduct, reliability, and judgment. The member may become a threat to harm self or others if retained in the US Navy. The requirement of NAVPERS 1070/613 counseling and warning does not apply.
041012:  Applicant notified of intended recommendation for discharge by reason of convenience of the government for personality disorder. Applicant notified that the least favorable characterization of service possible is general (under honorable conditions).
041012:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except.
041013:  Commanding Officer, Naval Reserve Center Pensacola, advised BUPERS of Applicant’s discharge with an honorable by reason of convenience of the government due to severe personality disorder. Commanding Officer’s comments: “Petty Officer R_ (Applicant) was diagnosed with a personality disorder. Naval Hospital Pensacola recommended Petty Officer R_ (Applicant) for administrative separation due to a long standing disorder of character and behavior and his incapability of serving adequately in the U.S. Navy. Petty Officer R_ (Applicant) is being separated due to his mental condition rendering him unfit for further naval service with a characterization of Honorable.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20041019 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of honorable. 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).

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 evidence reviewed did not persuade the Board that the Personality Disorder diagnosis and subsequent administrative separation was improper or inequitable. The Applicant was diagnosed with a personality disorder by a competent medical authority on 20041005. He was diagnosed, by 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. It was considered likely that the Applicant would become an increasing administrative burden with deteriorating performance, conduct, reliability, and judgment. He was considered a possible risk to do harm to himself or others if retained in the U.S. Navy and expeditious administrative separation was recommended. 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. Relief denied.

The following is provided for the edification of the Applicant. The NDRB has no authority to order the removal or alteration of official Naval records. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning any changes he desires to his official Naval records.

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. 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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