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

ex-SA, USNR
Docket No. ND02-00055

Applicant’s Request

The application for discharge review, received 010925, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to hardship.  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 020604.  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 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I received an re-code of RE4.  I would like to have that upgrade so that I may re-enlist in the Armed Forces.  I enlisted when I was seventeen years old.  All was fine with my military record until after 24FEB01 on that day I married a local resident of the Great lakes area, because I was told she was pregnant.  As it turned out she was not.  We had a lot of problems after that.  Unfortunately that sent my life into a tailspin.  Also at the time my Mother had just recently needed a hip replacement surgery.  

2.  I would like to have my discharge upgraded to Honorable, because since being discharge I have had no trouble with the law.  I am now married to another women and have a 19 month old son.  I have worked full time since being discharged, and have also been attending Westchester Community College as a full time student.  The reason I want to have my reason for discharge change to a Hardship is so that I can re-enlist.  I am 25 years old now with a wife and son.  I have one regret in life and that is what happened while I was in the U.s. Navy and that I am unable to serve my country, as my father and step grandfather did in Vietnam, and WWII.  As we begin this war on terrorism I see the opportunity to serve my country when it will really count.  Please allow me a second chance.  If it is granted, I will be ready to leave for Boot Camp.  Please allow me to make better the unfortunate behavior of my youth.

Documentation

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

Applicant's letter to the Board dtd Sep 18, 2001
Westchester Community College Transcript

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	921105 - 930520	ELS - Failure to graduate 
								High School
Period of Service Under Review:

Date of Enlistment:  930722		Date of Discharge:  940615

Length of Service (years, months, days):

	Active:    00  09  00 (Doesn't exclude lost time.)
	Inactive:  00  01  24

Age at Entry:  17(Parental Consent)	

Years Contracted:  8

Education Level:  12			AFQT:  76

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NOB		Behavior:  3.6 (1)		OTA:  NOB

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  17

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

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority:  NAVMILPERSMAN, Article 3620200.

Chronological Listing of Significant Service Events:

930916:	Commenced active duty for period of 2 years.

940405:	Emergency Room:  Member states he's depressed because "lots of things have been happening".  8 of his friends back home have been killed because of something he did.  Won't say if what he did was illegal.  Diagnosis - Depression.

940405:	Mental Health Unit:  18 year old, white, recently married male with 6 months CAD referred to MHU by medical due to depression connected to recent deaths of several of his closest friends back home as well as his unhappiness in being in the Navy.  Following emerged:  Pt has been in Mafia since 1991, he and his crime family had been involved in business dealings with another crime or illegal group, when business dealings sent sour, his family advised the Pt to join something like the military to let things cool down for awhile.  He had much enthusiasm for the Navy initially but then he became very depressed upon hearing that the rival syndicate group was literally killing 8 of his best friends in an attempt to secure from them the pt's secret whereabouts.  These 8 honestly were unaware of Pt's secret whereabouts and were not intentionally withholding information.  Pt blames himself for these friends' deaths and now wants to be back home, out of the Navy so that more of his friends don't die………………Throughout his life he has had rapid mood swings, been bored frequently and at times has carved his initials in his leg to get his anger out.  No alcohol or drug history reported.  
	MSE revealed an alert time 4 pt with a congruent but depressed effect and mood.  He is not psychotic.  At this time he is considered a moderate suicide/homicide risk.  Memory is intact with coherent speech.  Judgment and insight are poor with poor impulse.
	AXIS I - Severe Adjustment Disorder with Depressed Mood and Suicidal/homicidal potential with ideation and vague methods.  Depressive disorder NOS periods in remission 311.00
	AXIS II - Severe antisocial Personality Disorder 301.70 with Borderline and Passive Aggressive Features.
	Recommendations:  This man should be immediately admin separated due to:  1 - He has EPTE severe antisocial borderline and passive-aggressive personality problems.  2 - He is a definite threat to himself or others if not immediately discharged.  His history is abundant with episodes of violence to others and taking a gun to his head when he wanted to die.  He is impulsive, reckless and unpredictable.  3 -  If kept in his depression will escalate and his mental condition will continue to deteriorate as the potential for violence escalates.  Pt will be followed MHU as Legal makes its decision.  He has contracted to let his BDO and CDO know as well as this consultant if there is an intensification of his violent urges or go directly to the ER.  He will be seen in one week.

940428:	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 as evidenced by Chronological Record of Medical Care of 5 Apr 94.

940428:	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.  Did not object to separation.

940505:	Commanding officer effected applicant's discharge with a 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.

940519:	Unauthorized absence at 1600 this date.

940605:	Surrendered onboard West Point, NY at 2350 this date.  Returned to TPU GLakes, IL on 1509, 94JUN6 for disciplinary action.  

940614:	Commanding officer determination absence not excused and member charged 17 days lost time.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940615 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 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 discharge was proper and equitable (D and E).

Issue 1.  The applicant requested the Board change the RE Code to permit reenlistment.  The NDRB has no authority to change reenlistment codes or 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 Command, Pers-814, 5720 Integrity Drive, Millington, TN 38055.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Relief, is therefore, denied.

Issue 2.  The applicant states that he would like to have his discharge changed due to his post service conduct.  The NDRB is authorized to consider post-service factors in the re characterization of a discharge.  There is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB.  The applicant failed to provide documentary evidence to demonstrate that he is a person of good character and conduct, and deserving of a discharge upgrade.  Relief is not warranted.

Additionally, the applicant requested that the reason for his discharge be changed to “hardship”.  The NDRB, under its responsibility to examine the propriety and equity of a discharge, will change the reason for discharge if such a change is warranted.  The service record clearly documents the diagnosed personality disorder was the reason for the applicant’s discharge.  No other Narrative Reason for Separation could more clearly describe why the applicant was discharged.  To change the Narrative Reason for Separation would be inappropriate.

The applicant is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is recommended. 

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective  05 Mar 1993 until 21 Jul 1994, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT. 

B.  Naval Military Personnel Manual, (NAVPERS 15560C, Change 5, effective 930305 - 940721), 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