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

 ex-ADAR, USN
Docket No. ND01-00423

Applicant’s Request

The application for discharge review, received 010220, requested that the characterization of service on the discharge be changed to honorable, the reason for the discharge be changed to Convenience of the Government and change RE code to RE-1.  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 010829.  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 believe I was misdiagnosed with personality disorder.

2.  Civilian counselor states that disability is other than P.D. and curable for re-entry into service.

3.  I feel my opportunity to serve my country was taken away from me for no apparent reason.

4.  I want to be given back the opportunity that was stolen.  I want to serve my country in the Navy.

Documentation

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

Copy of DD Form 214
Lane County Veterans Service Office, Eugene OR ltr date 25 Jan 01 addressed to BCNR

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	990120 - 990127	COG

Period of Service Under Review:

Date of Enlistment:  990128		Date of Discharge:  990924

Length of Service (years, months, days):

	Active:    00  07  27
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  GED plus 1 year of Vocational/Trade school	

AFQT:  54

Highest Rate:  ADAR

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 

* No Marks Found
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

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

Chronological Listing of Significant Service Events:

990902:	Hospitalized at Madigan Army Medical Center: Reason for admission:  uncontrolled anger and fear of loss of control.
	Discharge Diagnosis:  AXIS I:  No Diagnosis, AXIS II:  Borderline Personality Disorder, AXIS III:  No diagnosis, AXIS IV:  Stressors, Occupational, financial, AXIS V:  GAF: 55.
	
990909:	Discharged from hospital, returned to duty.

990909:	Physician's Note (Chief, Dept of Psychiatry)[verbatim]:  This individual was referred for treatment in this Medical Center after was seen in the Oak Harbor Emergency Room.  He presented there stating that he was afraid he harm someone if he had to remain at this duty station.  He indicated that he had a history of violent behavior and was afraid that he might attempt to kill someone if he remain at work.  He has a history of childhood sexual abuse and substance abuse during adolescence.  He dropped out of high school, had received his GED and diploma while I the Job Corps.  He has a long history of difficulty controlling anger, emotional instability, low self-esteem and recurrent violent threats toward others.  He concurs with the diagnosis of Borderline Personality Disorder and now recognizes that he would be unable to tolerate the requirement of military life.  Therefore, he is no longer motivated to continue on active duty with the U.S. Navy.
	He is not receptive to treatment and any treatment would necessarily  be quite extensive based on his longstanding psychiatric disability.  His prognosis for successful completion of his enlistment is very poor.
	Recommend administrative separation for a personality disorder as soon as possible.

990913:	Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of a diagnosed personality disorder.

990913:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

990916:	CO, NAS, Whidbey Island directed the applicant's discharge with a General (Under Honorable Conditions) by reason of personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 990924 with a 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 response to applicant’s issues 1, 2, 3 and 4, the Board found that the applicant was diagnosed with an Axis II borderline personality disorder by the chief of the Department of Psychiatry at Madigan Army Medical Center and was recommended for expeditious administrative separation from the Navy.  The Physician’s note states the applicant was afraid he would harm someone if he had to remain at his current duty station.  The applicant indicated, at the time of his medical evaluation, that he had a history of violent behavior and was afraid he might attempt to kill someone, if he remained at work.  Thus, the Board finds that the applicant’s discharge reflects the applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance.  "Personality Disorder" is an accurate narrative description of the reason for the applicant's discharge.  The contention that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to alter history.  The applicant also states, wants to reenlist in the Navy.  The NDRB has no authority to make recommendations to permit reentry into the naval service or any other branch of the Armed Forces.  Reenlistment policy of the naval service is promulgated by the Commander Navy Personnel, Pers-814, 5720 Integrity Drive, Millington, TN 38055, and the Commandant, United States Marine Corps, Code MMPE‑5, Washington, DC  20380-3001.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Relief will not be granted concerning these issues.

Additionally, the applicant requests a change to his reenlistment code, to RE-1.  The NDRB has no authority to change reenlistment codes.  The applicant will have to petition the Board of Correction of Naval Records to have his reenlistment code changed.  Relief, is therefore, denied.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 
20 May 99 until 26 March 2000, 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 “afls10.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