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NAVY | DRB | 2006_Navy | ND0600496
Original file (ND0600496.rtf) Auto-classification: Denied


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

ex-ET3, USN
Docket No. ND06-00496

Applicant’s Request
The application for discharge review was received on 20060216 . The Applicant requests the Narrative Reason for Separation be changed to “ General ” . 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 20061214 . 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 - ISSUES AND DOCUMENTATION

Decisional Issues :

Propriety: Improper notification

Equity: Reentry
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
DD Form 149
 Letter from Applicant to Mr W_ , undated
Letter from Applicant, undated (2 pgs)
 Letter from P_ C. M_, MA, LPC, MHSP, dtd November 1, 2005
Commanding Officer’s Discharge Authorization ltr, dtd July 11, 1995 (2 pgs)
Medical Prescreen Document from J_ A. S_, M.D., dtd October 11, 2005
Request for Discharge Physical paperwork, from NC1 C_ A. V_, NRC Nashville, TN dtd October 6, 2005
Narrative Summary (Clinical Resume) dtd April 13, 1995
 Performance Summary from Pacific Bell, dtd January 1, 1998 (2 pgs)
Technician Scorecard, dtd January 13, 1998
Performance Summary, dtd February 18, 1999 (2 pgs)
 Performance Summary from Pacific Bell, dtd February 2 9, 2000 (2 pgs)
 Performance Summary from Pacific Bell, dtd February 20, 2001 (2 pgs)
Performance Summary from Pacific Bell, dtd March 19, 2002 (2 pgs)
Performance Summary from Pacific Bell, dtd March 19, 2003 (2 pgs)
Individual Goal Worksheet People, Product and Profit, dtd August 31, 2005
Performance Feedback Form, dtd January 10, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19901119 - 19910811       COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 19910812     Date of Discharge: 19950707

Length of Service (years, months, days):

          Active: 0 3 1 0 26
         Inactive: None

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

Age at Entry: 1 8

Years Contracted: 4 ( 24 -month extension)

Education Level: 12                                 AFQT: 62

Highest Rate: ET3

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3 . 9 ( 3 )               Behavior: 3 . 8 ( 3 )                           OTA: 3 . 8 0
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Navy “E” Ribbon .


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

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

950413:  Medical evaluation by NMC San Diego, CA.
         Admission Diagnosis: Personality D/O NOS
         Principal Diagnosis: Personality D/O NOS
 Secondary Diagnosis/Complications: Occupational Problems.
History of Present Illness/Pertinent Findings: 22 y/o white male, ET3 E4, LAD reported becoming irate when he was told that he would be admin sep’d for PERS D/O but was later told he could not leave ship as he was going on WESTPAC. He began threatening to do whatever it took to get o ff the ship including ta king a bunch of pills.
Hospital Course: Pt was admitted to locked ward and observed overnight with S.P . ‘s. He repeatedly in sisted that he was not suicidal .
 Recommendation: (1) Strongly Rec Admin Sep based on PERS D/O as per NA VMILPERS ch. 3b para 3620225. I f retained on active duty, he is at risk to act out or attempt suicide.

950518:  Medical evaluation by Naval Hospital Jacksonville, Florida.
          Diagnosis: Personality Disorder, Not Otherwise Speci f ied Origin: DNEPTE
         History of Present Illness: The patient admitted because of “vague threats toward others”. The patient was sent by Command to the Psychiatric Clinic after Captain’s Mast this morning for unauthorized absence, was sentenced to restricted barracks and he made a statement that he would hurt someone if he had to go. After psychiatric evaluation by Dr L_, it was felt that he needed to be admitted for further psychiatric observation, management and disposition.
          Hospital Course: The patient was admitted on q. 15 minute checks which were discontinued when the patient demonstrated on evidence of self injurious behavior or ideation. The patient was very interested in how his situation could be improved and attempts were made to liaison between he and the Command to make certain that he will be expeditiously separated. Paper work was sent to ensure that proper documentation was performed. The patient is discharged back to restricted barracks where he will await separation. It is believed that he has a severe personality disorder which will not be served by active duty military service. Continued service will only place he and other at risk of self harm. Discharged to duty.

950628 :  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 due to personality disorder.

95 06 28 :  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 .
950706:  Applicant qualified for separation.

950711 :  Commanding Officer, Transient Personnel Unit, San Diego, directed the Applicant’s honorable discharge by reason of convenience of the government due to personality disorder. Commanding Officer’s comments : “ ET3 P_ (Applicant) was discharged with an Honorable Discharge by reason of convenience of the government due to personality disorder .”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19950707 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).

Propriety – Improper notification: The Applicant implies that his reason for discharge was not justified because he was “unaware until trying to rejoin.”

The records show that competent medical authority diagnosed the Applicant with personality disorder on 19950413. On 19950628, the command notified that Applicant of its intent to discharge him by reason of convenience of the government due to a personality disorder. On the same date, the Applicant acknowledged the commands intent. The Applicant was subsequently separated with an Honorable discharge by reason of convenience of the government due to a personality disorder. The record clearly shows that the Applicant was aware of the reason for discharge.

Under its responsibility to examine the propriety and equity of the Applicant's discharge, the NDRB will change the reason for discharge if such a change is warranted. The summary of service clearly documents that a personality disorder was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Therefore changing the Narrative Reason for Separation to “General” would be inappropriate. Relief on this basis is denied.

Equity – Reentry: The Applicant requests an RE code change since he is “seeking to join the Naval Reserve.”

The Applicant is advised that the Board has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge. Since these issues do not serve to provide a foundation upon which the Board can grant relief, relief on this basis is not warranted.

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 post-service accomplishments or any other evidence related to the discharge at that time. 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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