DEPARTMENT OF THE NAVY
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

 ex-ENFN, USNR
Docket No. ND00-00329

Applicant’s Request

The application for discharge review, received 000112, requested that the characterization of service on the discharge be changed to Honorable.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000817.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910- 122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I was discharged because of a personality disorder.  The disorder was brought on due to family promblems and because of my promblems I was unable to continue my service.  I was also told that "general under honorable conditions" simply means you couldn't finish your assigned term, not to let alone I was "supposed" to have gotten veteran benefits such as montgomery GI Bill in which I invested $1200.  Respectfully request change of discharge so I may get college money.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Statement from applicant, re: DD Form 14 dated January 4, 2000

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USNR (DEP)	950911 - 960721	COG

Period of Service Under Review:

Date of Enlistment:  960722		Date of Discharge:  981030

Length of Service (years, months, days):

	Active:    02  03  09
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  52

Highest Rate:  ENFN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority:  NAVMILPERSMAN, Article 1910-122 (formerly 3620225).  Discharged in absentia.

Chronological Listing of Significant Service Events:

XXXXXX:	NJP for violation of UCMJ, Article 86 (2 Specs): Absence without leave; violation of UCMJ Article 87 (3 specs): Missing movement.  [Extracted from CO's letter dated 30Oct98.

981019:	Retention Warning: No further information found in service record.  [Extracted from CO's letter dated 30Oct98.

981020:	Medical Officer’s diagnosis:  Applicant diagnosed with adjustment disorder with mixed disturbance of emotions and conduct.  Personality disorder not otherwise specified (given impulsivity, suicidality, and homicidality.  The psychiatrist recommended separation based on a personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service.  Due to the applicant’s severe personality disorder, he poses a serious threat to the safety and well being of himself and others which renders him incompatible with military duty.  

981029:	Applicant notified of intended recommendation for discharge General (under Honorable conditions) by reason of Convenience of the government on the basis of a diagnosed Personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service.

981029:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

981030:	Commanding officer directed discharge General (under Honorable conditions) by reason of Convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service.  Commanding officer’s comments (verbatim): Per enclosure (2), I strongly support SNM's expeditious separation from Naval service.  ENFA (applicant's) performance over the past four months is consistent with the findings of the medical officer, which states he suffers from Axis I and Axis II Personality Disorders.  Enclosure (3) states that these disorders were "lifelong patterns" and therefore existed prior to entering service.  Due to ENFA (applicant's) conviction of a serious offense at NJP, I believe a General Discharge is warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 981030 General (under Honorable conditions) for convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service. (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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 (C and D).

In the applicant’s issue 1, the Board determined this issue is without merit.  The applicant requested an upgrade of his discharge to allow him to collect G.I. Bill educational benefits.  The NDRB is under no obligation to upgrade an individual’s discharge for the purpose of continuing education.  The applicant did not provide any documentation to consider upgrading his discharge based on post-service accomplishments.  The discharge was proper and equitable.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 
12 Dec 97 until 31 Aug 1998, Article 1910-122 (formerly 3620225), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER(S).

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 “afls14.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023