ex-OS2, USN
ND07-00202

Current Discharge and Applicant’s Request

Application Received:  20061211	Characterization Received:  
Narrative Reason:  PERSONALITY DISORDER Authority:  MILPERSMAN 1910-122

Applicant’s Request:	Characterization change to:    
			Narrative Reason change to: 
Applicant’s Issues:	1. Incorrect reason for discharge
			
Decision

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

Date:  20070927  Location: 	 Washington D.C.  The Board found that 

Discussion

Issue 1: ().  The NDRB found in the Applicant’s record that he initially discharged for Convenience of the Government –Personality Disorder on 20050826.  The Navy later changed the Applicants Separation Code from JFX (Personality Disorder) to KFV (Condition, Not a Disability) on 20060227.  Per MILPERMAN 1910-120 and 1910-304, the Characterization of Service is Honorable unless significant negative aspects of the member’s conduct or performance of duty outweighed positive aspects of the member’s service.  The record reflects no adverse material.  Therefore, the Board determined the Characterization of discharge be changed to Honorable. 

. 

Summary of Service

Prior Service:
Inactive: USNR (DEP)	19880811 - 19890801  		Active:  USN	19890802 - 19930216  
Inactive: USNR (IRR)	19930217 - 19951121 HON		Active:  USN	19951122 - 19991121  HON
Period of Service Under Review:
Date of Enlistment: 20010725	Years Contracted:  ; Extension:    	Date of Discharge:  20050826
Length of Service:  04  Yrs  01  Mths  02  Dys	Lost Time:  Days UA:    Days Confined:  
Education Level:  	Age at Enlistment:  	AFQT:  39	Highest Rank/Rate:  OS1
Evaluation marks (# of occasions):	Performance:  4.1(6)	Behavior:  4.5(6)	 OTA:  4.1 
Awards and Decorations (per DD 214):  NATIONAL DEFENSE SERVICE MEDAL, NAVY AND MARINE CORPS ACHIEVEMENT MEDAL(3), NAVY GOOD CONDUCT MEDAL(3), GLOBAL WAR ON TERRORISM SERVICE MEDAL, NAVY EXPEDITIONARY MEDAL, MARINE CORPS EXPEDITIONARY MEDAL, ARMED FORCES EXPEDITIONARY MEDAL, SEA SERVICE DEPLOYMENT RIBBON, MARKSMAN M-14 RIFLE RIBBON, MARKSMAN .45 CAL PISTON SHOT RIBBON 

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

20050513:	Clinical Psychologist Note: Met with Applicant as scheduled.  Informed of concerns that LIMDU may be inadequate and the possibility of an admin sep.  Applicant would prefer LIMDU but feels he can not improve mental state while on the ship.  Discussed needed changed in lifestyle and if changes could not be sustained then he was postponing inevitable return to civilian life.  Applicant to consider his situation.  May want to stay on ship vs admin sep.  (A) Dysthymia PO, avoidant PD.  No improvement.  (P) F/U 20 May 05 at 1000.  Continues to discuss possible admin action.	

20050726:	Mental Health recommends administrative separation of member due to personality disorder and chronic depressive disorder of sufficient severity to preclude satisfactory and reliable military service.

20050805:	Applicant requests administrative separation based on Mental Health’s recommendation.

20050823:	Commanding Officer, USS THEODORE ROOSEVELT directs administrative discharge of OSI MARICHAL E. WHALEY with Separation code of JFX.

20060222:	Commanding Officer, USS THEODORE ROOSEVELT directs modification of the Separation Code JFX to KFV in the administrative discharge of OSI MARICHAL E. WHALEY.

20060227:	DD 215 submission directs Separation Code should read KFV instead of JFX.

Discharge Process

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

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

Commanding Officer Recommendation (date):	N/A (LOCAL SEPARATION)
Separation Authority (date):	COMMANDING OFFICER, USS THEODORE ROOSEVELT (CVN 71) (20050823)
              Reason for discharge directed:	 (20050823)
	PHYSICAL OR MENTAL CONDITIONS (20060222)
              Characterization directed:	
Date Applicant Discharged:	20050826

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), Change 11, effective 
20 June 2005 until Present, Article 1910-122, 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