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NAVY | DRB | 2006_Navy | ND0600078
Original file (ND0600078.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND06-00078

Applicant’s Request
The application for discharge review was received on 20051020. 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 20060721. 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 did discover an impropriety in the Applicant narrative reason for separation. The Board’s vote was unanimous that the character of the discharge shall not change and 4-1 that narrative reason shall change to Secretarial Authority. The reason for discharge shall change to: UNCHARACTERIZED/ SECRETARIAL AUTHORITY, authority: MILPERSMAN 1910-164, Separation Code “JFF.”
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“While in the U.S. Navy, my foster family and sister found our real mother that we had not seen since a very early age. I was in school in the Navy & doing well. However, I had a strong desire to see my Mother who I had not seen for over thirteen years. When I went to the Doctors to be evaluated, by direction of my Commander, he determined that I didn’t have direction in my life because I missed my Mother. Even though I had been in numerous group and foster homes, I graduated from high school on the Honor Roll and was doing very well in Navy Training. I disagree with the Medical Evaluation and believe I should be provided an Honorable Discharge.”

 Documentation
Only the service record was reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19931117 - 19940221      COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19940222             Date of Discharge: 19940801

 Length of Service (years, months, days):

         Active: 00 05 10
         Inactive: None

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

 Age at Entry: 18

 Years Contracted: 4

 Education Level: 12                                 AFQT: 68

 Highest Rate: FR

 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
* Not Available


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

UNCHARACTERIZED/ PERSONALITY DISORDER, authority: MILPERSMAN, Article 3620200.
Chronological Listing of Significant Service Events :

940713:  Medical evaluation by J_ C_, Ph.D, Staff Psychologist
 Diagnosis:
AXIS I: Adjustment disorder with depressed mood.
AXIS II: Personality disorder not otherwise specified with antisocial traits. AXIS III: Non-contributory.
Recommendations: [Applicant] is considered not fit for duty by virtue of a severe adjustment disorder with depressed mood and underlying personality disorder NOS of a long standing nature due to very difficult childhood. An entry level separation and expeditious discharge is strongly recommended. Patient has contracted for safety and is considered low acceptable risk. Retention in the Navy will likely increase both [unreadable] behavior risks. Patient may return to MHU as needed during process of separation.
940721:  Applicant notified of intended recommendation for entry level separation (where applicable) or least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government due to an adjustment disorder as evidenced by a diagnosis made by competent military medical authority which concluded that Applicant’s disorder is of such severity as to render him incapable of serving adequately in the naval service.
940721:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
940722:  Commanding Officer, Service School Command, San Diego, CA, directed the Applicant’s entry level separation by reason of convenience of the government due to an adjustment disorder.

940812:  Commanding Officer, Service School Command, San Diego, CA, notified Chief of Naval Personnel (Pers 83), of Applicant’s entry level separation by reason of convenience of the government due to an adjustment disorder. Commanding Officer’s comments: “FR B_(Applicant) was evaluated by competent military medical authority as representing a continuing risk to himself and others, and that the disorder rendered him incapable of serving adequately in the naval service. The Commanding Officer determined that it was in the best interest of this command and the Navy, and pursuant to reference (a), to authorize FR B_(Applicant)’s discharge from the naval service.”


Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19940801 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of uncharacterized. After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the Applicant’s character of service was proper and equitable, but that the Applicant’s narrative reason for separation was improper (B and C).

The Applicant contends that his medical evaluation was incorrect and, therefore, he should be provided an honorable discharge. By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during his six months in the military to warrant a change of discharge to honorable. The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge. Relief on this basis is not warranted.

The Board discovered that, while the Applicant was diagnosed by proper medical authority as having a personality disorder and an adjustment disorder, he was notified of his Commander’s intent to recommend his separation by reason of convenience of the government due to an adjustment disorder. He was subsequently recommended for discharge on the basis of his adjustment disorder and the Applicant’s discharge was directed by reason of convenience of the government due to an adjustment disorder. The Applicant’s DD 214 indicates the Applicant was discharged by reason of personality disorder. The Board determined that the Applicant was not properly processed for separation on the basis of a personality disorder. Further, had his Command’s intent been to separate the Applicant by reason of convenience of the government due to a physical or mental condition (condition not a disability), for which adjustment disorder is a qualifying condition, the Applicant’s separation would have required the Applicant’s request for separation or a violated NAVPERS 1070/613 (retention warning) for his adjustment disorder. The Board found that, had the Applicant been given a retention warning for his deficiency, there is reasonable doubt that the Applicant would have been discharged by reason of condition not a disability on the basis of his adjustment disorder. Therefore, the Board voted to change the Applicant’s narrative reason for separation to Secretarial Authority. Partial relief 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. 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 9, effective 22 Jul 94 until 23 Jun 96, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

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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