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

ex-SA, USNR
Docket No. ND01-00222

Applicant’s Request

The application for discharge review, received 001215, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010524.  After a thorough review of the records, 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:  UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  While I wish my military experience would have ended more favorably, I believe the experience to be invaluable.  As a high school drop out,  I was attracted to the military because I though it might change my life.  At the young age of 17, I enlisted for an opportunity to get on the right track.  While I am not proud of how I was discharged, I am grateful to the navy for the discipline I learned in Basic Training.   By the time I was discharged, I was still supposed to be in high school.  I immediately entered Junior College to earn my Associates Degree.  From there I graduated cum laude from the University of Florida four years from my discharge date.  It was in the Navy I was reminded of my academic abilities and today I am planning to start working on my Masters in June 2001.    I was diagnosed with a personality disorder by the navy for my discharge.  While I do believe I suffer from clinical depression, I believe the former diagnosis to be incorrect.  Unfortunately, I was just a kid who didn't want to be in the military anymore and new how to push the right buttons.   Your consideration is greatly appreciated.

Documentation

Only the applicant's service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider. 

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: None

Period of Service Under Review:

Date of Enlistment:  900820		Date of Discharge:  910531

Length of Service (years, months, days):

	Active:    00  06  26 (Doesn't exclude lost time)
	Inactive:  00  02  16

Age at Entry:  17			Years Contracted:  8

Education Level:  10 (Passed the High School Proficiency Test 1/90)

AFQT:  54

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.0 (1)	Behavior:  2.0 (1)		OTA:  2.38

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  10

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

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority:  NAVMILPERSMAN, Article 3620200.

Chronological Listing of Significant Service Events:

901106:	Commenced 24 months active duty under the Seaman Apprenticeship Program.

910502:	Unauthorized absence from USS FLATLEY (FFG-21) at 0700.

910507:	Report of Declaration of Desertion having been unauthorized absentee since 0700, 91MAY02 from USS FLATLEY.  Member stated to numerous crew members his intentions were not to return.  He has exhibited an intent to desert by his actions.

910511:	Surrendered onboard at 2120.

910515:	NJP for violation of UCMJ, Article 86:  Unauthorized absence from 0700 91MAY02 to 2120 91MAY10 (10 days).
	Award:  Forfeiture of $100 per month for 1 month, restriction and extra duty for 20 days.  No indication of appeal in the record.

910515:	Retention Warning:  Advised of deficiency (absented yourself from your appointed place of duty), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910520:	Psychology Evaluation:  SA (Applicant) is having adjustment problems in meeting the structure and discipline required in a military environment.  He presents a history of having conflict with authority figures which resulted in a number of school suspensions until he left school at age 17 (10th grade) to join the Navy.  He has a tendency to start things but usually does not complete them.  Pt denied suicidal/homicidal ideations, delusions, hallucinations etc.  No evidence of psychosis, neurosis, OBS.  He's cognitive functioning and interpersonal behavior was appropriate.  He became tearful several times during interview.  Wants out of the Navy.
Diagnosis:  AXIS II:  301.90 Personality Disorder, NOS with immature, inadequate features, chronic, moderate, EPTE.
Recommend administrative separation and counseling via Family Service Center.

910525:	Admitted to Naval Hospital Jacksonville:  Admit Diagnosis - Antisocial Personality disorder - severe.
	Pt has a severe personality disorder decreased in impaired for further service in Navy.  He remains high risk for harm to self or others if he remains in the Navy.
	Recommend expeditious administrative separation.

910529:	Released from Naval Hospital Jacksonville.

910530:	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 as evidenced by your psychiatric evaluations of 20 May 1991 and 25-29 May 1991.

910530:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.  Applicant did not object to separation.

910601:	CO, USS FLATLEY advised CNMPC applicant was discharged on 31 May 1991 with a general (under honorable conditions) by reason of convenience of the government on the basis of a personality disorder.  Commanding officer’s comments (verbatim):  "Seaman (Applicant) performance has been substandard.  His frequent display of immaturity, bad judgment, and use of half-truths highlight his inability to adjust to a military lifestyle."

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 910531 under honorable conditions (general) 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 and B).  The Board presumed regularity in the conduct of governmental affairs (C).  After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).

In response to applicant’s issue 1, the Board found that the applicant was properly diagnosed by a qualified psychologist as having an antisocial personality disorder that existed prior to entry into the naval service.  The applicant received a general discharge vice a fully honorable discharge because of being declared a deserter and violating UCMJ Article 86 for being UA 10 days.  The Board finds the discharge to be proper and equitable and will not grant relief concerning this issue.

The following is provided for the applicant’s edification.  There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in the civilian life subsequent to leaving the Service.  However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (E).  Those factors include, but are not limited to, the following:  evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group) and certification of non-involvement with civil authorities (police records check) in order for consideration for clemency based on post-service conduct.  At this time, the applicant has not provided any documentation of good character and conduct.  Therefore no relief will be granted.  The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge. 

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A), Change 14, effective 
22 Dec 90 until 14 Aug 91, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B.  Naval Military Personnel Manual, (NAVPERS 15560-A), Change 13, effective 
12 Oct 90 until 14 Aug 91, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - BASIS OF PERSONALITY DISORDER.

C.  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.  

D.  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.

E.  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