ex-SN, USN
ND07-00179

Current Discharge and Applicant’s Request

Application Received:  20061124 	Characterization Received:  
Narrative Reason:  PERSONALITY DISORDER Authority:  MILPERSMAN 1910-122

Applicant’s Request:	Characterization change to:    
			Narrative Reason change to: 
Applicant’s Issues:	1. Change Reenlistment code
			2. Desires to reenlist
3. Claims command leadership said they were recommending an Honorable discharge but administrative personnel said the paperwork was done and it was too late to recommend Honorable.

Decision

By a vote of  the Characterization shall  .	
By a vote of  the Narrative Reason shall  PERSONALITY DISORDER.

Date:  20070912    Location:  Washington D.C.  The Board found that 

Discussion

Issues 1 - 2:   either  which the Board cannot form the basis of relief for the Applicant, or  the Board does not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum regarding .  

Issue 3: ().  The Applicant implies that the command indicated they would recommend him for an honorable discharge but the Chief Petty Officer in Charge said that the paperwork was already filled out and it could not be changed.  The government enjoys a presumption of regularity in the conduct of its affairs.  The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue.  There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that the command said one thing and did another.  The Applicant’s statements alone do not overcome the government’s presumption of regularity in this case.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his failure to meet the standards and requirements of his contract with the Navy and falls far short of that required for an upgrade of his characterization of service.  .An upgrade to honorable would be inappropriate.  

Summary of Service

Prior Service:
Inactive: USNR (DEP)	20020122 - 20020311  		Active:   	
Period of Service Under Review:
Date of Enlistment: 20020312	Years Contracted:  4; Extension:    		Date of Discharge:  20031119
Length of Service:  1  Yrs  9  Mths  8  Dys	Lost Time:  Days UA:    Days Confined:  
Education Level:  12	Age at Enlistment:  19	AFQT:  32	Highest Rank/Rate:  SN
Evaluation marks (# of occasions):	Performance:  NA		Behavior:  NA 	OTA:  NA 
Awards and Decorations (per DD 214):  NATIONAL DEFENSE SERVICE MEDAL

Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

20030803:	Medical Record:  Member went to see the Chaplain without Chain of Command’s knowledge and ended up being UA.  After Master Chief chewed out Applicant, Applicant was sent to the MHC by the Master Chief because the Applicant admitted he thought about killing himself.  Applicant feels he does not need help from the Clinic and states command sent him to the clinic to make sure he was safe to go home.

20031023:	Medical Record:  Naval Hospital Bremerton, Mental Health Clinic.  Member completed Minnesota Multipheoic Personality Inventory.  Member has received service from this clinic since July 2003 and is considered a poor candidate for further psychotherapy due to his failure to make use of skills learned in OCIP or progress in individual therapy.  Lack of interest in addressing his symptoms through his own efforts and his immaturity make him a poor candidate for further treatment.

20031027:	Medical Record:  Naval Hospital Bremerton, Mental Health Clinic.  Reason for visit:  Member seen on emergent walk-in basis after being referred to the emergency department last night (20031026).  This is member’s second emergent visit to this clinic within the span of four days.  
	Diagnosis:  Axis I:  Cannot rule out malingering
	Axis II:  Personality Disorder not otherwise specified: Schizoid and Dependent Traits
	Axis III:  none noted
	Axis IV:  immaturity, lack of social support, occupational dissatisfaction
	Axis V:  GAF= 60 current
	Recommendation:  Member manifests a long-standing defect of character that is of such severity to adequately preclude satisfactory military service.  He requires excessive supervision from the chain of command and possesses few coping skills to adapt to even routine life stressors.  He is immature and irritable and disinterested in accepting even minor responsibility for his choices and actions.  As service member is unable to function over short periods without threatening to harm self or others, he is recommended for expeditious administrative separation.  Also since he claims to be frequently overwhelmed by thoughts and feelings of harming self or others (thoughts and feelings he later claims to be unable to recall), it is recommended he be placed on restriction or assigned to another controlled area where he be given assistance in monitoring and controlling his behavior.

Discharge Process

Date Notified:					NOT FOUND IN RECORD
Reason for Discharge:	 
	
Least Favorable Characterization:	

Date Applicant Responded to Notification:		NOT FOUND IN RECORD
Rights Elected at Notification:
	Consult with Counsel			NOT FOUND IN RECORD
	Obtain Copies of Documents		NOT FOUND IN RECORD 
	Submit Statement(s) (date)			NOT FOUND IN RECORD
	Administrative Board			NOT FOUND IN RECORD
	GCMCA review				NOT FOUND IN RECORD 

Commanding Officer Recommendation (date):	NOT FOUND IN RECORD
Separation Authority (date):	NOT FOUND IN RECORD
              Reason for discharge directed:	NOT FOUND IN RECORD 
              Characterization directed:	NOT FOUND IN RECORD 
Date Applicant Discharged:	20031119

Types of Documents Submitted by Applicant and Considered By Board

Related to Military Service:	Service and/or Medical Record:  		Other Records:  

Related to Post-Service Period:  	
	Employment:  			Finances:  			Education: 		
	Health/Medical Records:  		Substance Abuse:			Criminal Records:  	
	Family/Personal Status: 		Community Service:  		References:  		
	
Additional Statements From Applicant:  	From Representative:    
Other Documentation (Describe)       

Pertinent Regulation/Law

A.  Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until 25 January 2004, 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 II, Para 211, Regularity of Government Affairs, Part V, Para 502, Propriety and Para 503, Equity.

ADDENDUM:  Information for the Applicant

Complaint Procedures:  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 to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC  20301-4000.  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.”

Additional Reviews:  Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this discharge.  Representation at a personal appearance hearing is recommended but not required.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits:  The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment/Educational Opportunities:  The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  

Reenlistment/RE-code:  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct:  DoD disability regulations do not preclude a disciplinary separation.  Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons.  Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended.  The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record.  Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.”  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  

Automatic Upgrades - 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 Naval service.  The NDRB 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.  Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  

Issues Concerning Bad-Conduct Discharges (BCD) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief.  With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency.  Clemency is an act of leniency that reduces the severity of the punishment imposed.  

Board Membership:  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