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NAVY | DRB | 2005_Navy | ND0501527
Original file (ND0501527.rtf) Auto-classification: Denied


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

ex-HR, USN
Docket No. ND05-01527

Applicant’s Request
The application for discharge review was received on 20050914. The Applicant requests the Narrative Reason for Separation at the time of discharge be changed. 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 20060621. After a thorough review of the 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 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/or attached document/letter:

“I would like my narrative for separation changed and re-entry code changed to 1G, so that I may be eligible to reenlist in the military, specifically the Coast Guard. My actions leading to my discharge in 1999 were those of an immature 19 year old. I am a capable, mature, young adult leading an active responsible life. I would consider it an honor and privilege to be given a second chance to serve my country. Thank you.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Mental Health Evaluation from J_ C. B_, M.A., Psychotherapist, dtd August 25, 2005
Certificate, Emergency Medical Technician - Basic, dtd December 17, 2002
Applicant’s DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19971213 - 19980506      COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19980507             Date of Discharge: 19990409

 Length of Service (years, months, days):

         Active: 00 10 15 (excludes lost time)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 18 days
         Confinement:              None

 Age at Entry: 18

 Years Contracted: 4 (12 month extension)

 Education Level: 12                                 AFQT: 56

 Highest Rate: HA

 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): None listed.

 * 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 :

990111:  Applicant to unauthorized absence at 0700 on 990111.

 990129:  Applicant from unauthorized absence at 0800 on 990129 (18 days/surrendered). EAOS changed to 030526.
990305:  Discharge progress note. Reason for hospitalization: Suicidal Ideation. Final Diagnosis: PD NOS. Fit but unsuitable for duty.

 990305:  Medical evaluation by G. C. C_, Mental Health, Clinic at Naval Hospital, Camp Lejeune, NC.
 Applicant diagnosed with a severe personality disorder. The psychiatrist recommended separation based on a personality disorder of such severity as to render the Applicant incapable of serving adequately in the military environment. Although not imminently suicidal or homicidal, the member may pose a continuing risk to do harm to self or others and negatively impact unit effectiveness and morale if retained in the naval service. It is recommended the Applicant be processed expeditiously for an administrative discharge in accordance with NAVMILPERSMAN 3620225 by reason of unsuitability.

990312:  NJP for violation of UCMJ, Article 86: In that Hospitalman Apprentice B_ T. T_(Applicant), Field Medical Service School, Camp Lejeune, NC, on active duty, did, on or about 11 January 1999, without authority, absent himself from his unit, to wit: Did absent himself from Field Medical Service School on 11 January 1999, and did remain so absent until his surrender on or about 29 January 1999.
 Violation of UCMJ, Article 92: In that Hospitalman Apprentice B_ T. T_(Applicant), Field Medical Service School, Camp Lejeune, NC, on active duty, having knowledge of a lawful order issued by Marine Corps Staff Sergeant D_ W. B_, USMC, to report as ordered and on time to all 1 st Platoon musters with classmates at Field Medical Service School, Camp Lejeune, North Carolina, an order which it was his duty to obey, did, on or about 11 through 29 January 1999, fail to obey the same.
         Award: Forfeiture of $479.90 per month for 1 month, restriction for 10 days, reduction to E-1. No indication of appeal in the record.
990319:  Commanding Officer, Field Medical Service School, Camp Lejeune, NC, directed Applicant’s honorable discharge by reason of convenience of the government. Commanding Officer’s comments: “HA T_(Applicant) will be administratively separated from the Naval Service with a HONORABLE discharge. SNM is being separated due to unsuitability.”

990326:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as honorable by reason of convenience of the government.

990326:  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.
Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19990409 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 available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). The Board presumed regularity in the conduct of governmental affairs (D).

 The Applicant contends that the actions which precipitated his discharge “were those of an immature 19 year old.” 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 government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The Applicant was diagnosed with a personality disorder by a competent medical authority on 19990305. The evidence reviewed did not persuade the Board that this diagnosis and administrative separation was improper or inequitable. The contention that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to revise official records that were accurate at the time of issuance. Additionally, changing the Applicant’s narrative reason for separation based on the Applicant’s stated desire to reenlist would be inappropriate. Relief denied.

For the edification of the Applicant, 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. Reenlistment policy of the naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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), Change 21, effective
01 Sep 1998 until 19 May 99, 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.

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.


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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