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

FOR OFFICIAL USE ONLY

ex-ADAN, USN
Docket No. ND06-00692

Applicant’s Request

The application for discharge review was received on 20060427.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests 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 20070208.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain General (Under Honorable Conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

No decisional issues submitted.

Documentation

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

Applicant’s DD Form 214 (Service 2)
Psychiatric Evaluation from LCI Psychiatric Outpatient Services, dtd March 1, 2006  (3 pages)
Ltr from Applicant, undated
Character Reference ltr from W. B. A_, Director, Inner City Ministries of Pensacola, dtd January 17, 2006
Character Reference ltr from Rev P_ A. M_, Pastor, Church of Saint Michael, dtd February 21, 2006

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19981221 - 19990628	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19990629		Date of Discharge:  20011116

Length of Service (years, months, days):

	Active:    02  04  17  (Does not exclude lost time.)
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  6 days
	Confinement:		  None

Age at Entry:  18 

Years Contracted:  4 (9 month extension)

Education Level:  12				AFQT:  46

Highest Rate:  ADAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  1.0 (1) 	Behavior:  2.0 (1) 		OTA:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  None

* Not Available

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

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

Chronological Listing of Significant Service Events: 

010525:	Retention Warning:  Advised of deficiency (Unauthorized absence (UA) for the period of 0630, 010515 to 0815, 010521; and false official statement on 010514.), notified of corrective actions and assistance available, advised of consequences of further deficiencies in disciplinary action and processing for administrative separation.

011003:	Psychology Department Naval Medical Center Portsmouth, Virginia:  Applicant referred for evaluation of possible depression.  He has made several suicidal gestures by cutting himself, holding a gun to himself and through pills over the past ten years.  His most recent serious thought of suicide and cutting of wrists were in March.  His most recent suicidal ideation was last week.
	Diagnoses: Bereavement and Borderline Personality Disorder [Principal Diagnosis]
	Recommendations: The evaluating psychologist strongly recommends expeditious administrative separation for unsuitability in accordance with MILPERSMAN 1910-122.  This service member has a long standing disorder of character and behavior which is of such severity as to interfere with serving adequately in the Navy.  While not imminently suicidal or homicidal, this service member is at risk to harm himself and should be separated as soon as possible.

011004:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of personality disorder.

011005:	Applicant’s statement:  Do to my psyche.  Evaluation conducted by Capt.  C_ on 011003 at the Lafayette River Mental Health Center, I feel that it would be in the best interest of the Navy and myself if I was discharged.  This is in accordance with the recommendation and diagnosis of Capt. C_.  See Medical Report.

011029:	Officer in Charge, Aircraft Intermediate Maintenance Detachment Norfolk, recommended discharge due to borderline personality disorder and bereavement.  Comments of the Commanding Officer:  “On 000908 my command received a letter of notification from NEX that ADAN M_ wrote four checks on a closed bank account to pay for merchandise in excess of $286.29.
	On 010515 through 010521 ADAN M_ went into an unauthorized absence status.  He then submitted a false official statement in reference to this period of unauthorized absence.  Due to the inexperience of the immediate supervisor ADAN M_ was allowed to do extra work to make up for UA time, so the member could not be charged with UA at NJP.
	I most strongly recommend that ADAN M_ be discharged with a RE4 reenlistment code to preclude his return to service.”

011102:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except to submit written a statement for consideration by separation authority.

011115:	COMAEWWINGLANT directed the Applicant's discharge with a general (under honorable conditions) by reason of convenience of the government – personality disorder.

Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20011116 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of general (under honorable conditions).  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 (B and C).  The Board presumed regularity in the conduct of governmental affairs (D).

The Applicant contends his discharge should be honorable.  Under applicable regulations, separations based on a personality disorder should be honorable unless a general (under honorable conditions) or an entry-level separation is warranted.  A general discharge may be warranted if the Applicant’s service contains records of nonjudicial punishments, disciplinary actions, or if other significant negative aspects existed, which outweighed the positive aspects of the member’s period of service.  Additionally, a general discharge may be warranted if the Applicant’s performance evaluation averages are not sufficient to merit an honorable discharge.  The Applicant’s record contains violations of UCMJ Article 86 (Unauthorized absence for 6 days) and Article 107 (False official statement).  To support his request, the Applicant submitted a letter of explanation and a psychiatric evaluation dated 20060301 for consideration.  This evaluation and diagnosis do not invalidate the earlier diagnosis received while on active duty.  In light of this review, the Board unanimously concluded that the Applicant’s discharge characterization of general (under honorable conditions) was proper and equitable.  Relief denied.

While 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 civilian life subsequent to leaving service, the Board is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge.  The Applicant submitted two character references for consideration.  The Applicant’s efforts need to be more encompassing to include evidence of continuing educational pursuits, verifiable employment records, documented community service, and certification of non-involvement with civil authorities.  At this time, there is not sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in the characterization of discharge.  And so, no relief is granted on this basis.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support post-service accomplishments or any other evidence related to the discharge at that time.  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 33, effective 
14 Aug 2001 until 21 Aug 2002, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s).

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.  

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “http://Boards.law.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:

		Secretary of the Navy Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023