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

 ex-ET2, USN
Docket No. ND02-00274

Applicant’s Request

The application for discharge review, received 020116, requested that the reason for the discharge be changed to conscientious objector or other.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020815.  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: HONORABLE/ PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620225.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  Having served honorably, and being of the impression that the information on my DD214 is only of interest and use to the Department of Defense and the Department of Veteran's Affairs, I would like my reason for discharge changed.  I would like it to reflect something that will not give civilian employers reason for concern.  As things stand, at any time, an employer can ask you to sign a blanket release form giving them permission to research basically everything about you.  This can include criminal history, credit history, employment history, educational history, military records, I think even my military medical records, and anything else.  It usually does include everything, and you can't pick and choose what you don't want them to check.  Even if you could, unwillingness to disclose anything will be regarded as suspicious.  As things stand, my reason for separation is "Personality Disorder".  Ever since September 11th, 2001, but even before then, companies have been concerned about security.  In the state of Michigan, an employee can be terminated at any time for any reason with no explanation needed.  When people see "Personality Disorder" they are not going to know what that could mean and they may very well not want to take a chance on finding out.  They may just let me go.

I do not see why my DD214 should jeopardize my ability to secure and keep civilian employment for the rest of my life.  I served my country and received an Honorable discharge.  I have no desire to ever work for the DoD or any other government agency.  I don't mind if the DoD and VA keep that information on hand somewhere where only they will ever have access to it.

Presently I am a contract employee with R_ D_ S_ of Troy, Michigan.  The address is (address deleted).  I am actually working for D_ P_ E_ S_, a division of D_ A_.  Ever since September 11th, 2001, D_ Security Personnel have been conducting a review of all of their security procedures.  They are intent on conducting especially exhaustive reviews of the background of all employees.  Of special interest are persons who have access to computer information.  In my position as site administrator for all computer systems at my location, I am sure they are going to be taking a very close look at my background, which R_ D_ S_ did not do.  I am quite certain that when they see my DD214, which they will, my contract could very well come to abrupt end with no explanation.  That is one reason big companies use contract employees.  They can be gotten rid of without any trouble at all.

I would most prefer my reason for discharge to be changed to "Conscientious Objector" because by the time my six years were up, that is what I had become.  Failing that, I would like my reason for discharge to simply say "For the convenience of the government."  This might still leave some investigators unsatisfied, and they might be inclined to dig deeper.  There is medical information in my military medical record from when I was a minor, which I really don't want anyone seeing.  They normally wouldn't have access to that because it was from when I was under 18, but the military said they had to have it before I could join, and now I fear anyone could see it.

Also:  I know the U_ of D_ - M_ Human Resources Officer obtained a copy of my DD 214 because I saw that they had it.

Documentation

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

Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	901120 - 901126	COG

Period of Service Under Review:

Date of Enlistment:  901127		Date of Discharge:  970123

Length of Service (years, months, days):

	Active:    06  01  27
	Inactive:  None

Age at Entry:  22			Years Contracted:  4 (24 months extension)

Education Level:  15			AFQT:  97

Highest Rate:  ET2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.88 (5)	Behavior:  3.84 (5)		OTA:  3.80	4.0 evals
Performance:  3.00 (1)	Behavior:  3.00 (1)		OTA:  2.71	5.0 evals

Military Decorations:  None

Unit/Campaign/Service Awards:  GCM, NDSM, MUC

Days of Unauthorized Absence:  None

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

HONORABLE/PERSONALITY DISORDER, authority:  NAVMILPERSMAN, Article 3620225.

Chronological Listing of Significant Service Events:

961120:	Medical Report, Narrative Summary:  Applicant diagnosed with schizotypal personality disorder, severe, 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.  Applicant was considered self-destructive and a continuing risk of harm to himself or others.

961126:	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 service record entries.

UNDATED:	Applicant advised of rights and having consulted 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.

970130:	Commanding Officer directed discharge honorable 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 970123 with a discharge characterization of honorable 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).

Issue 1:  The Board has no authority to change a discharge characterization for the sole purpose of enhancing employment opportunities.  The Board’s charter limits its review to a determination on the propriety and equity of a discharge.  The Applicant requests the narrative reason for his discharge is changed from “Personality Disorder” to “Conscientious Objector” or “for the convenience of the government.”  While on active duty, the Applicant was diagnosed with Schizotypal Personality Disorder, severe.  The proper medical authority stated the Applicant manifested a long-standing disorder of character and behavior of such severity as to interfere with his serving adequately in the Navy.  The Applicant was recommended for an administrative separation based upon this diagnosis.  Thus, the Board finds the reason for discharge “Personality Disorder” accurately reflects the Applicant’s mental health at the time of his discharge, and was proper and equitable at time of issuance.  The mere presence of a personality disorder is not a bar to serving in the Navy.  However, service members may be separated for personality disorders provided a medical diagnosis is made by competent military medical authority which concludes that the member's disorder is of such severity as to render the member incapable of serving adequately in the Naval Service; the military medical authority has evaluated the member as being self-destructive and/or a continuing danger to himself and others.  In these cases, immediate processing for administrative separation may be initiated.  This does not imply automatic approval of the discharge request, only expeditious consideration.  The Board could discern no impropriety or inequity in the Applicant’s discharge and therefore considered the Applicant’s discharge as proper and equitable.  Therefore, relief on this issue is not warranted.

Issue 2:  The Applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the Applicant’s enlistment.  Additionally, there is no law, or regulation, which provides that an unfavorable discharge, or in this case perceived unfavorable discharge may be changed based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service.  Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 
03 Oct 1996 until 11 Dec 97, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER.

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