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

 ex-SA, USN
Docket No. ND01-00453

Applicant’s Request

The application for discharge review, received 010227, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant listed American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010907.  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: ENTRY LEVEL SEPARATION/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  (Equity Issue)  NAVMILPERSMAN directives indicate that members being processed for separation with less than 180 days of active duty will normally be assigned a non-punitive Uncharacterized (Void or Entry Level Separation).  This former member opines that his circumstances are sufficiently extenuating to warrant exception.

2.  (Equity Issue)  While proper at the time of issuance, this former member avers that new evidence introduced with his application is sufficiently material to warrant a change of his narrative reason for discharge from Personality Disorder to Secretarial Authority. 

Documentation

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

Letters from Applicant (4)
Letter from J___ D. S____, Ph.D.
Copies of DD Form 214 (2)

PART II - SUMMARY OF SERVICE

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

	Active: USA			9806xx - 9807xx	ELS (not verified)
	Inactive: USNR (DEP)	990409 - 990607	COG

Period of Service Under Review:

Date of Enlistment:  990608		Date of Discharge:  991209

Length of Service (years, months, days):

	Active:    00  06  02
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 (24 months extension)

Education Level:  12			AFQT:  67

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA		Behavior:  2.00 (1)		OTA:  2.00

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  None 

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

ENTRY LEVEL SEPARATION)/PERSONALITY DISORDER, authority:  NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

Chronological Listing of Significant Service Events:

 990408: 	Commander, Navy Recruiting Command grants waiver for reenlistment due to an assignment of an RE-3 Code assigned by the U.S. Army.

991027:	Psychological Evaluation indicates applicant was diagnosed with Adjustment Disorder with Mixed Anxiety and Depressed Mood.309.28 and Schizotypal Personality Disorder, 301.22 with Schizoid features.  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.  This disorder is considered no amenable to effective treatment in the military setting.  If the service member is considered to present a risk for deterioration in functioning and/or a continuing danger to self or others if retained the Mental Health Department will provide appropriate follow-up care until the service member is separated from the military or the case is otherwise resolved.

991105:	Applicant notified of intended recommendation for discharge.  Least favorable characterization is 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 as evidenced by psychological evaluation dated 991027.

991105:  	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.

991112:	Commanding officer recommended discharge entry level separation 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 991209 entry level separation 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).

The applicant’s first issue states:  “(Equity Issue)  NAVMILPERSMAN directives indicate that members being processed for separation with less than 180 days of active duty will normally be assigned a non-punitive Uncharacterized (Void or Entry Level Separation).  This former member opines that his circumstances are sufficiently extenuating to warrant exception.”  The applicant’s record is devoid of extenuating circumstances that would warrant a characterization as Honorable.  The applicant warranted an Uncharacterized Entry Level Separation since he was notified of discharge prior to 180 days of service.  Relief is not warranted.

The applicant’s second issue states:  “(Equity Issue)  While proper at the time of issuance, this former member avers that new evidence introduced with his application is sufficiently material to warrant a change of his narrative reason for discharge from Personality Disorder to Secretarial Authority.”  The Board reviewed the applicant’s statement and letter from Southern Psychiatry and Psychology Associates.  The Board found at the time of discharge the applicant met the criteria for separation based on a diagnosed personality disorder.  Although current documentation suggests that this condition no longer exists the Board will not change the reason as originally assigned.  No other reason would accurately describe the reason for separation.  To change the reason to “Secretarial Authority” would be inappropriate.  Relief is not warranted.

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