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NAVY | DRB | 2005_Navy | ND0501109
Original file (ND0501109.rtf) Auto-classification: Denied


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

ex-AEAA, USN
Docket No. ND05-01109

Applicant’s Request
The application for discharge review was received on 20050623. The Applicant requests the Narrative Reason for Separation be changed to “Uncharacterized.” 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 20051221. 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 and reason for discharge shall change. The discharge shall change to Honorable/Secretarial Authority.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“I would like my discharge upgraded to help with job finding. When supervisors read ‘personality disorder’ they ask way to many questions. My personality disorder is a medical condition and should not be public knowledge.

 Thank you
[signed] D_ R. M_”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Reference ltr from AEC (AW/SW) T_ H. M_, USN, dtd March 14, 2003
Commanding Officer, Naval Air Maintenance Training Unit, Norfolk Administrative Separation ltr dtd March 6, 2003 (signed by the Executive Officer)
Certificate of Appreciation, undated
Certificate of Appreciation dtd June 17, 2002
Lynnhaven Shooting Range Practice Record dtd December 10, 2002
Lynnhaven Shooting Range Practice Record dtd December 17, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20011011 – 20020102               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20020103             Date of Discharge: 20030314

 Length of Service (years, months, days):

         Active: 01 02 12
         Inactive: None

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

 Age at Entry: 19

 Years Contracted: 4 (12 month extension)

 Education Level: 12                                 AFQT: 82

 Highest Rate: AEAA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)             Behavior: 2.00 (1)                OTA: 2 .83

 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 :

030224:  Medical evaluation by Naval Medical Center, Portsmouth, VA.
 Admitted to 5E for minimization of risk to self-harm. Applicant was diagnosed with Adjustment Disorder with Depressed Mood and Borderline Personality Disorder. Applicant was not suicidal at the time of discharge, denied homicidal ideation. Applicant fit for full duty, no psychiatric indications to any administrative, legal or disciplinary actions deemed necessary by parent command. Recommend routine administrative separation.
AXIS I: Adjustment D/O w/Depressed Mood
AXIS II: Borderline PD.
030306:  Commanding Officer, Naval Air Maintenance Training Unit, Norfolk authorized the Applicant's discharge with a general (under honorable conditions) by reason of convenience of the government-personality disorder.

030307:  Applicant notified of intended recommendation for discharge by reason of convenience of the government-personality disorder. Applicant notified that the least favorable characterization of service possible is general (under honorable conditions).

030307:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20030314 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 improper and inequitable (B and C).

The Applicant was separated by reason of convenience of the government – personality disorder. The mere presence of a personality disorder is not a bar to Naval Service. Members may be separated for personality disorders provided (1) a medical diagnosis is made by competent military medical authority which concludes that member's disorder is of such severity as to render member incapable of serving adequately in the Naval Service; (2) there is documented interference with performance of duty; and (3) counseling in accordance with MILPERSMAN 1910-122 is completed. Counseling is not required in cases where the military medical authority has evaluated the member as being self-destructive and/or a continuing danger to him or herself and others. In these cases, immediate processing for administrative separation may be initiated. The Applicant’s diagnosis did not interfere with performance of duty, he was not evaluated as being self destructive or a danger to self or others, and was not issued the appropriate counseling warning. Based upon these factors, the Applicant did not qualify for separation due to a diagnosis of personality discharge. Therefore, the discharge was improper. Relief granted.

Under applicable regulations, separations based on a personality disorder should be honorable unless a general (under honorable conditions) or an entry-level separation is warranted. A general discharge may be warranted if the Applicant’s service contains records of nonjudicial punishments, disciplinary actions, or if other significant negative aspects existed, which outweighed the positive aspects of the member’s period of service. Additionally, a general discharge may be warranted if the Applicant’s performance evaluation averages are not sufficient to merit an honorable discharge. The Applicant’s record contains no evidence of NJP, disciplinary action, or other negative counselings. Additionally, the Applicant’s individual trait average on his evaluation report and counseling record was 2.83, an average sufficient to merit an honorable discharge. Based upon this evidence, the Board unanimously concluded that the Applicant’s characterization of service was inequitable. Relief granted.

The following is provided for the edification of the Applicant. The NDRB has no authority to provide any additional relief in the Applicant’s case. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if he desires further review of his case.

 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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