ex-AR, USN
ND07-00662

Current Discharge and Applicant’s Request

Application Received:  20070425 				Characterization Received:  
Narrative Reason:  PERSONALITY DISORDER		 Authority:  MILPERSMAN 3620200

Applicant’s Request:	Characterization change to:  
			Narrative Reason change to: EARLY RELEASE
Applicant’s Issues:	1. Change RE-Code to RE-1, Separation Code to JDR
			2. Do not have personality disorder, case confused with another Sailor

Decision

By a vote of  the Characterization shall  .
By a vote of  the Narrative Reason shall  SECRETARIAL AUTHORITY.

Date:  20071129			Location:  Washington D.C	 Representation:  

Discussion

Issue 1:   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 2 ().  The Applicant contends that the psychologist evaluation of his mental health is incorrect and that the individual described in the report of 19950629 is someone other than the Applicant.  Specifically, the Applicant contends the report is in error in that he is an only child vice “the oldest of 2 children” (with an affidavit from his mother supporting this claim), and that he has never smoked marijuana vice having “cannabis use 3 times.”  After careful review of the entire record, the Board determined that, even accepting the Applicant’s facts as true, the alleged discrepancies could have reasonable explanations other than demonstrating that the report was erroneously of another Sailor, and therefore did not provide the Applicant with relief on this issue.  

Issue 3 (Propriety).  While the Board was not convinced that the Applicant’s service record did not accurately reflect his medical evaluation, the Board did find that, taking the evidence of record at face value, an error had occurred in the Applicant’s administrative processing.  Accepting the diagnosis of record as correct, the Board noted that the Applicant had been diagnosed with an Adjustment Disorder on Axis I, not a Personality Disorder on Axis II.  Therefore, the factual basis for an administrative separation on the basis of Personality Disorder was not met.  It appeared to the Board that the Separation Authority’s intent was probably to process the Applicant for separation for the reason of convenience of the government due to a condition not a disability rather than convenience of the government due to a personality disorder.  Because, however, the Board could not determine with certainty whether or not the reason “condition, not a disability” was supported in law and fact, the Board determined that the appropriate correction was to change the Applicant’s reason for discharge to “Secretarial Authority.”

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that the discharge was improper for the reason indicated above.

The Board found no reason to change the Applicant’s characterization of service.  By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service.  Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is considered the most appropriate characterization of a member’s service.  The Applicant's service record did not contain any unusual circumstances during his less than 2 months in the military to warrant a change of discharge to honorable.  If anything, the Board noted that the Applicant’s behavior on more than one occasion could have been addressed as misconduct under the Uniform Code of Military Justice and possibly have resulted in an unfavorable characterization of service.  The NDRB advises the Applicant that, with respect to nonservice related administrative matters, i.e. Department of Veterans Affairs benefits, civilian employment, etc., an uncharacterized separation shall be considered the equivalent of an honorable or general (under honorable conditions) characterization.  

Summary of Service

Prior Service:
Inactive: USNR (DEP)	19950214 - 19950606  		Active:   	
Period of Service Under Review:
Date of Enlistment: 19950607	Years Contracted:  ; Extension:  	Date of Discharge:  19950710
Length of Service:  00  Yrs  01  Mths  04  Dys	Lost Time:  Days UA:    Days Confined:  
Education Level:  	Age at Enlistment:  		AFQT:  37		Highest Rank/Rate:  AR
Evaluation marks (# of occasions):	N/A			Awards and Decorations (per DD 214):  NDSM

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

19950628:	Medical Record:  Reason for visit:  Referred due to inability to conform to recruit standards.
	Diagnosis:  Axis I: Adjustment Disorder with Mixed Disturbance of Emotion and Conduct; Axis II: Deferred.
	Recommendation:  Entry level separation because of adjustment disorder.

19950629:	Recruit Evaluation Unit recommended to Commanding Officer, Recruit Training Center that Applicant receive an entry level separation because of adjustment disorder recommendation.

Discharge Process

Date Notified:					19950630
Reason for Discharge:                                                 - ADJUSTMENT DISORDER
Least Favorable Characterization:	GENERAL

Date Applicant Responded to Notification:		19950630
Rights Elected at Notification:
	Consult with Counsel			
	Obtain Copies of Documents		
	Submit Statement(s) (date)			  
	Administrative Board			
	GCMCA review				

Commanding Officer Recommendation (date):	 
Separation Authority (date):	CO, RECRUIT TRAINING COMMAND (undated)
              Reason for discharge directed:                      - ADJUSTMENT DISORDER
              Characterization directed:	ENTRY LEVEL SEPARATION
Date Applicant Discharged:	19950710

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)  Affidavit from Applicant's mother 

Pertinent Regulation/Law

A.  The Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 22 Jul 94 until 23 Jun 96), Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

B.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 23 Jun 96, 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 5420.174D 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