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NAVY | DRB | 2006_Navy | ND0600714
Original file (ND0600714.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND06-00714

Applicant’s Request
The application for discharge review was received on 20060403 . 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 designate d Disabled American Veterans as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 2007022 3 . After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant ’ s service. The Board ’ s vote was 3-2 that the character of the discharge shall change, but by unanimous vote, the narrative reason for discharge shall not change. The discharge shall change to: HONORABLE.







PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Applicant’s Issues, as stated by his Representative:

The Applicant contends the current discharge is improper because the evidence does not support this harsh of a discharge.

The Applicant is requesting an upgrade so that he can enlist in the Texas Army National Guard.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Ltr from Disabled American Veterans, dtd August 4, 2006 (2 pages)
 Applicant’s DD Form 214 (Member 4)
Claim Forms from The Department of Veterans Affairs, dtd January 23, 2006 (4 pages)
Applicant’s Official Undergraduate Academic Record from Texas A&M University-Commerce, dtd August 13, 2005 (3 pages)
 Character Reference ltr from S _ N_ T _, dtd March 24, 2006
Applicant’s Marriage License (2 pages)
Child’s birth certificate from Presbyterian Hospital of Greenville, dtd September 12, 2000
 Child’s birth certificate from Presbyterian Hospital of Greenville, dtd March 11, 200 3
Child’s birth certificate from Presbyterian Hospital of Greenville, dtd June 30, 200 4

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
          Inactive: USNR (DEP)     19920827 – 19930629                ELS
         Inactive: USNR (DEP)     199 407 2 9 - 19941120       COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 19941121     Date of Discharge: 19951106

Length of Service (years, months, days):

          Active: 00 11 16
         Inactive: None

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

Age at Entry: 20

Years Contracted: 4 ( 24 -month extension)

Education Level: 12                                 AFQT: 93

Highest Rate: SA

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):

GENERAL (UNDER HONORABLE CONDITIONS)/ PERSONALITY DISORDER, authority: MILPERSMAN, Article 3620200.
Chronological Listing of Significant Service Events :

950921:  Impression:
         AXIS I:  Adjustment disorder with depressed mood
         AXIS II:         Personality disorder, not other wise specified with passive/aggressive, borderline, and dependent features, severe
         AXIS III:        None
         AXIS IV:         Release from ET “A” school; separation from family
         AXIS V:  Global assessment of function: 50 upon admission
         Recommendation:
         1. Admit to 5 North on observation status, suicide precaution, and elopement precaution. Moderate suicide risk.
         2. Serviceman has been evaluated in the Mental Health Department and is considered unsuitable for military service per elements of MILPERSMAN 3620225. Serviceman is diagnosed with a severe personality disorder, not otherwise specified. Details of the diagnostic evaluation including examples of resulting interference with performance of duty are mentioned above. The personality disorder is not considered amendable to effective treatment in the military setting. Serviceman is considered to present a continuing danger to himself or others if expeditious administrative separation not be undertaken. The Mental Health Department will provide appropriate follow up until the service member is separated from the service or the case is otherwise resolved.
         3. Admission labs.
         4. Individual, group, and milieu psychotherapy
         5. Because of his alcohol use over the past week the patient will receive a brief course of thiamine and foliate .
         6. The patient was educated regarding diagnosis, labs, and hospital proceedings.

950922:  Psychological evaluation by R. J. O_, M. D., Head, Mental Health Department, Naval Hospital, Great Lakes: SNM has been evaluated in the Mental Health Department and is considered unsuitable for military service per elements of reference (a). SNM is diagnosed with the following severe personality disorder: Personality disorder NOS severe.
         This personality disorder is not considered amenable to effective treatment in the military setting. SNM is considered to present a continuing danger to him or others should expeditious administrative separation not be undertaken.
951003 :  Drug and Alcohol Abuse Report Memorandum: This letter certifies that the Applicant has been formally evaluated as a drug or alcohol abuser, and that he possess further potential for continued naval service.
         Level III treatment program for rehabilitation was offered.
 Applicant decline treatment.

951004 :  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 on the basis of a personality disorder as evidenced by Head, Mental Health Department, Naval Hospital letter 6300 NH-10(b) of 950922.

951004 :  Applicant advised of rights and having elected not to consult with counsel , elected to waive all rights .

951006 :  Commanding Officer, Transient Personnel Unit, re ported separating Applicant with a general (under honorable conditions) discharge by reason of convenience of the government on the bases of personality disorder to CNP . Commanding Officer’s comments: “ On 950922, SA T_ (Applicant) sought assistance from the Mental Health Unit, Naval Hospital, Great Lakes for observation and military duty. He is currently a moderate suicide risk. I concur with the psychological evaluation and recommendation that SA T_ is considered to have no further potential for naval service. Separate SA T_ from the naval service with a discharge characterized as General Under Honorable Conditions. ”


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19951106 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 proper but in equitable (B and C).

The Applicant is requesting a discharge upgrade to honorable. For discharges based on personality disorder, the discharge should be honorable unless there exists justification for a general (under honorable conditions), under other than honorable conditions, or entry level separation characterization. The Board found no counseling, nonjudicial punishments or evaluations to warrant a general (under honorable conditions) characterization. Therefore, the Board found that the Applicant’s general (under honorable characterization) was inequitable and voted 3 to 2 to change the Applicant’s discharge characterization to honorable. Relief granted.

The Applicant is requesting an upgrade so that he can enlist into the Texas National Guard. 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.

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), 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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