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NAVY | DRB | 2005_Navy | ND0501330
Original file (ND0501330.rtf) Auto-classification: Denied


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

ex-GSMFN, USN
Docket No. ND05-01330

Applicant’s Request
The application for discharge review was received on 20050804. The Applicant requests the Narrative Reason for Separation be changed to “was depressed & missed my wife (AGE 22).” The Applicant requests a personal appearance hearing before a traveling panel in Dallas, TX. The Applicant did not designate a representative on the DD Form 293. In the acceptance letter, the Applicant was informed that he would first receive a documentary review before a personal appearance hearing. The Applicant was also informed that the NDRB does not have a traveling panel, and that all hearings are held at the Washington Navy Yard in Washington, DC.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060406. 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 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:

“I would like to reenter the military.”

 Applicant’s Remarks: (Taken from the DD Form 293.)

I was 22 years old and away from my wife most of the time for our first 8 mos. of marriage. (I was with her for about 2 mos). I was stationed on U.S.S. Constellation (CV 64). We were at sea most of the 8 mos. I was engineer (fireman) steam and heat. I received National Defense Service Medal & Armed Forces Expeditionary Medal. I passed the exam for E-4.

 Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Peace Officer License, issued October 8, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20000412 - 20000424      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 20000425             Date of Discharge: 20021011

 Length of Service (years, months, days):

         Active: 02 05 17
         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: 10 GED                    AFQT: 65

 Highest Rate: GSMFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                                    Behavior: NA*             OTA: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Armed Forces Expeditionary Medal
* Not Available


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 :

020924:  Medical evaluation by H_ W_, M.D., Resident Physician and A_ K_, LCDR, MC, USNR, Attending Physician, Naval Hospital, Great Lakes, IL
 [Medical officer statement, something close to the following] Applicant diagnosed with AXIS I: Adjustment disorder with depressed mood. AXIS II: Personality disorder NOS with borderline and dependent traits. AXIS III: None. AXIS IV: Moderate; geographically separated from primary support system. AXIS V: Global Assessment of functioning upon admission: 40. Highest estimated Global Assessment of functioning in past year: 70. 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 a continuing risk of harm to self or others.
021002:  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.

021002:  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.
021006:  Commanding Officer, Service School Command, Great Lakes, IL directed discharge with an honorable by reason of convenience of the government - personality disorder. Commanding Officer’s comments: “Based on a review of all documentation applicable in this case, I find no potential for further naval service.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20021011 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 Applicant implies that his narrative reason should be changed from personality disorder because he was suffering from stress caused by his separation from his new wife. The NDRB inferred from the Applicants statement that he disputes the reason for his separation. The Board finds no impropriety or inequity in the Reason for Discharge that reflects the Applicant's mental health status at the time of his discharge. The Applicant was diagnosed with a personality disorder by a competent medical authority at Naval hospital Great Lakes on 20020924, where he was being evaluated after admitting to suicidal ideations. The Board found that the documentation and statements provided by the Applicant were not sufficient to warrant revision of official records that were accurate at the time of issuance. Relief denied.

The Applicant states he would like to reenter the military. Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. 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.

For the edification of the Applicant, the NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to exist during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered. The Applicant provided a Texas Commission of Law Enforcement License as documentation of his post-service. The Applicant's efforts need to be more encompassing than those provided. For example, the Applicant could have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, and certification of non-involvement with civil authorities, in order for consideration for clemency based on post-service conduct. At this time, the Applicant has not provided sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in his characterization of discharge. Therefore, no relief will be granted.

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), 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(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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