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

 ex-AR, USN
Docket No. ND01-01015

Applicant’s Request

The application for discharge review, received 010802, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to "difficulty adapting to military life".  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 020307.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety in the characterization of the applicant’s service.  The Board’s vote was unanimous that the characterization of discharge shall not change but the reason for discharge shall change.  The discharge shall change to: UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/ SECRETARIAL AUTHORITY, authority: NAVMILPERSMAN, Article 3630900, and separation code:  JFF.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My discharge was unfair and unreasonable because I was informed prior to separation that I would be eligible to re-enlist after six months.

2.  I do not believe that my behavior in basic training was grounds enough for me to deserve an RE-4 code that permanently bars me from military service.

3.  It is unfair to say that I have a personality disorder simply because of my behavior.  I was very young then, and young people make rash decisions.

4.  I request that my discharge be upgraded so I can re-enlist in the Armed Forces and serve my country.  I'm older now and more mature and I know what I want, a career in the military.

Documentation

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

Applicant's ltr to the Board dtd 8/16/01

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:  951228		Date of Discharge:  960223

Length of Service (years, months, days):

	Active:    00  01  26
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  11			AFQT:  61

Highest Rate:  AR

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 in service record

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

UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/PERSONALITY DISORDER, authority:  NAVMILPERSMAN, Article 3620200.

Chronological Listing of Significant Service Events:

960214:	Clinical Psychologist:  19 year old, single, Caucasian male was referred to REU on 23 Feb 96 as a result of apparent problems with learning.  Recruit noted that he had difficulty learning new tasks at RTC, that he was motivated to complete training, and that he was also depressed.  He attributed his depression to training stress and the demands to learn new information.  He also noted feeling increasingly tense and agitated.  He was not sleeping well and was crying at night.  Recruit was previously evaluated at REU on three occasions.  He was returned to training for trials of duty.  Recruit's clinical history was significant for alleged developmental problems, including poor academic achievement, relational problems with peers and teachers, oppositionality, school suspensions, and learning problems with Special Education intervention in grades 1 to 3……..Recruit's mother may have been diagnosed and treated for a thought disorder and depression, while alcoholism was present in paternal side of family…………Since arriving on active duty on 28 Dec 95, SR (Applicant) claims to have had an inability to adapt to the routine rigors of basic training, experienced extreme difficulty learning new tasks, developed depression with sleep and appetite disturbance, and experienced increasing frustration and agitation.  Recruit Division Commander and Ships Officer Evaluation document poor performance.
	Assessment:  AXIS I - 309.0 Adjustment Disorder with Depressed Mood
				 315.9 Learning Disorder NOS
	                   AXIS II - V71.09 No Diagnosis
	Plan & Recommendation:  1 - Entry level separation be effected because of the anxiety disorder and learning disorder diagnoses with fraudulent enlistment.  2 - Mbr was counseled and educated as to his condition to date.  3 - Mbr was strongly encouraged to seek treatment for his condition upon separation.

960214:	Recruit Eval Unit:  Strongly recommended "Entry level separation" be effected because of the Adjustment Disorder and Learning Disorder diagnoses.

960215:	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 due to Adjustment/Learning Disorder.

960215:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

96022x:	CO, RTC, NTC, Great Lakes, IL directed the applicant's entry level separation by reason of convenience of the government due to adjustment/learning disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960223 with an entry level separation for convenience of the government on the basis of a diagnosis of adjustment/learning disorder. (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the narrative reason for separation was improperly assigned (D and E), but the characterization of discharge was proper.

Issues 1, 2 and 4.  The NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  Additionally, a less than fully honorable discharge and/or an unfavorable “RE” code are not a bar to reenlistment.  A request for waiver can normally be accomplished during the processing of a formal application for enlistment through a recruiter.  Relief is therefore denied.

Issue 3.  The applicant was diagnosed with an adjustment disorder by an authorized medical authority and not a personality disorder.  The Board determined that an adjustment disorder diagnosis does not equate to a personality disorder and the applicant is entitled to relief.  The Board determined that the narrative reason shall change to: “SECRETARIAL AUTHORITY", Authority MILPERSMAN 3630900.”  Additionally, the separation code shall be changed to: JFF.  Relief is granted on this issue.  However, by regulation, members discharged within the first 180 days of enlistment are given characterization of service as "UNCHARACTERIZED (Entry Level Separation)" unless there were unusual circumstances regarding performance or conduct which would merit an "honorable" characterization.  Applicant's service record did not contain any unusual circumstances during the less than 2 months while serving in the military to warrant a change of discharge to "honorable".  The Board could discern no impropriety or inequity in the processing or characterization of the applicant's discharge.  Relief denied.

The applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Legal representation at a personal appearance hearing is highly recommended but not required.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 23 Jun 96, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT. 

B.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 2 Oct 96, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT ON THE 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 “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