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NAVY | DRB | 2006_Navy | ND0600726
Original file (ND0600726.rtf) Auto-classification: Denied


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

ex-PNSN, USN
Docket No. ND06-00726

Applicant’s Request
The application for discharge review was received on 20060512 . 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 20070208 . 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 character of the discharge shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder .


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Applicant Issues,
The Applicant is requesting a change in his reenlistment code so that he can re-enter the military.

The Applicant is claiming post service equity as the primary reason for the upgrade.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20010306 - 20010328       COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 20010329              Date of Discharge: 20030226

Length of Service (years, months, days):

          Active: 0 1 1 0 28
         Inactive: None

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

Age at Entry: 2 1
Years Contracted: 4

Education Level: 1 1                                  AFQT: 61

Highest Rate: PNSN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2 . 5 ( 2 )              Behavior: 2 .0 ( 2 )                           OTA: 2 . 21

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal


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

GENERAL (UNDER HONORABLE CONDITIONS)/ PERSONALITY DISORDER, authority: MILPERSMAN, Article 1910-122 (formerly 3620225).
Chronological Listing of Significant Service Events :

020116:  First medical evaluation by NMCP Emergency Department.
          AXIS I: Adjustment Disorder, NOS Occupational problems
         AXIS II: Avoidant personality traits
         AXIS III: Shin splints
         AXIS IV: Routine military service
         AXIS V: GAF of 70 currently
         Recommendation/Plan:
 1. Return to full duty. Psychiatrically fit for same.
          2. Refer to Outpatient Crisis Intervention Program.
020617:  Counseled for failed Physical Fitness Assessment (PFA) due to failing the run.
021205 :  Medical evaluation follow-up by Capt W.A. K__, MC USN, Psychiatry Resident .
          AXIS I: V code: Occupational problems
         AXIS II: Personality disorder with dependent, borderline and schizoid traits
         AXIS III: None
         AXIS IV: Routine military service
         AXIS V: GAF-75
          Plan:
1. RTFD. Psychiatrically fit for same.
         2. Begin group therapy participation 021209.

030224:  Medical evaluation by Capt W.A. K__, MC USN, Psychiatry Resident.
          AXIS I: V code: Occupational problems
         AXIS II: Personality disorder with dependent, borderline and schizoid traits
         AXIS III: None
         AXIS IV: Routine military service
         AXIS V: GAF-75
          Impression: The patient has a history of self-mutilation and chronic by intermittent suicidal ideation. The patient continues to have multiple problems adapting to his current work situation. It is recommended that he be separated expeditiously due to his personality disorder and inability to adapt.
          Plan:
1. RTFD. Psychiatrically fit for same.
          2. Recommend ation for expeditious separation due to inability to adapt to military environment.
        
030224 :  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.

0 30224 :  Applicant advised of rights and having elected not to consult with counsel , elected to waive all rights except the right to submit a written statement for consideration by separation authority, the right to obtain copies of the documents used to support the basis for the separation and the right to G eneral C ourts- M artial C onvening A uthority (GCMCA) review if you have less than 6 years of total active and/or Reserve military service . GCMCA staff members’ cases must be forwarded to another officer having GCMCA or Navy Personnel Command (NAVPERSCOM) (PERS-832) for review. If elected, GCMCA or higher assumes separation responsibility.

0 30227 :  Commanding Officer reported to Chief of Naval Personnel Command expeditiously separating Applicant with a discharge type warranted by service record by reason of convenience of the government-personality disorder .

* 030324:         CAPT W. A. K_ Psychiatry Resident forwarded to Commanding Officer, USS RONALD REAGAN (CVN 76) official evaluation report and recommendation. CAPT K_ recommended expeditious administrati v e separation from the military on the basis of a personality disorder of such severity as to render the member incapable of serving adequately in military service as per MILPERSMAN Article 1910-122. *[Based on the Document review it appears the date of this medical evaluation report should have been 030224 vice 030324]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20030226 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 and equitable (B and C).

The Applicant is requesting an honorable discharge. When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A general discharge is authorized when the member’s final evaluation average is 2.49 or below. After a document review, it was discovered the Applicant had an overall evaluation marking of 2.21 for the period of enlistment. The Applicant’s markings, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The Applicant is claiming post service equity as the primary reason for his upgrade. The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any post-service documentation to consider mitigating the misconduct that resulted in the characterization of discharge. Relief denied.

The Applicant is requesting a change in his reenlistment code so that he can re-enter 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.

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 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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