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

FOR OFFICIAL USE ONLY

ex-GM2, USN
Docket No. ND06-00490

Applicant’s Request

The application for discharge review was received on 20060215.  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 20061214.  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:

Equity: Reentry

Documentation

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

Applicant’s DD Form 214 (Service 8)
Excerpts from Service Record (4 pgs)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19990528 - 19990607	COG
	Active:    USN	19990608 – 20030126	HON

Period of Service Under Review:

Date of Enlistment:  20030127		Date of Discharge:  20040615

Length of Service (years, months, days):

	Active:    01  04  19  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  20

Years Contracted:  3 (7 month extension)

Education Level:  12				AFQT:  33

Highest Rate:  GM2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.2 (4)		Behavior:  2.5 (4)			OTA:  2.89 

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Navy & Marine Corps Achievement Medal; Meritorious Unit Commendation; Navy “E” Ribbon (3); Good Conduct Medal; National Defense Service Medal; Armed Forces Expeditionary Medal; Sea Service Deployment Ribbon (2); Enlistment Surface Warfare Specialist Insignia; Expert Rifleman Ribbon; Expert Pistol Ribbon.

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: 

030127:	Reenlisted this date for a term of 3 years.

040524:	Medical Health Evaluation by Makalapa Branch Medical Clinic:
Chief Complaint: “I blew up on Friday”
Presenting Issues: On Friday of last week this patient was hospitalized after hearing that an MPO was not going to be lifted and his making threats to kill other people.  He is currently separated from his wife for alleged domestic violence last week.  NCIS is continuing to investigate and there are reportedly three witnesses that saw him holding his wife by the neck while arguing.  His violent behavior and anger control problems dates back to childhood (reports fights with father, fights with gangs, and some anger control problems during boot camp).  He further had childhood history of physical abuse by his adoptive father, which likely contributes to his lack of insight into his behavior.  His patterns of behavior are so fixed and rigid that they are unlikely to respond to treatment.  He therefore presents and ongoing risk if retained on active duty service and thus, a recommendation for administrative separation is being made at this time.
Clinical Impression and Diagnosis:
Axis I: Partner-Relational Problem Occupational problem
Axis II: Personality Disorder NOS (Antisocial and Narcissistic Traits)
Axis III: no diagnosis
Axis IV: routine military life, recent assault charges, recent domestic violence case
Axis V (current): 41-50: Severe symptoms; SI, function impairment
Axis V (highest): 61-70 Some mild symptoms
Safety	Patient not imminent danger to self or other, but presents ongoing risk that must be guarded against.  See Below
Psych Testing: NA

The member is unsuitable for military service due to a personality disorder.     
Expeditious administrative separation in accordance with NAVMILPERSMAN 1910-122, NAVMILPERSCOM Instruction 1910-10 and NAVOP 013187 is recommended.  Although not presently considered suicidal or homicidal, the member is judged to represent a continuing risk to self and other should he be retained on active duty due to his longstanding Personality Disorder.  The member is deemed psychologically fit to return to duty for immediate processing for administrative separation that should be initiated expeditiously.
The patient does not present an immediate danger to self or others and has been able to contract for safety currently.  However, due to previous threats and patterns of behavior, precautions should be taken to ensure his and others’ safety including:
 No weapons access,
 Maintain MPO that is currently in effect
 Incarceration in the brig should further threats or acting out occur.                 

040527:	NJP for violation of UCMJ, Article 117: Provoking gestures.
Violation of UCMJ, Article 128: Assault consummated by a battery.
Violation of UCMJ, Article 134: Disorderly conduct.
	Award:  Restriction to Naval Station Pearl Harbor Hawaii for 30 days and extra duty for 30 days, oral reprimand.  Reduction in rate to next inferior paygrade (suspended for 6 months).  No indication of appeal in the record.

040602:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government personality disorder.

040602:	Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

040608:	Applicant medically qualified for separation.
  
040608:	Commanding Officer, Naval Station Pearl Harbor, directed the Applicant's discharge with a general (under honorable conditions) by reason of convenience of the government personality disorder. Commanding Officer’s comments:  “GM2 S_ (Applicant) was referred to the Branch Medical Clinic, Makalapa, Pearl Harbor, Hawaii for observation and evaluation with regard to his behavior.  He was diagnosed with Antisocial and Narcissistic Traits.  His personality disorder had resulted in inappropriate anger outbursts, impulse control problems, difficulties with authority and conforming to social norms.  Overall GM2 S_ is unable to adapt to the military environment.  I concur with the clinical psychologist’s evaluation and direct that GM2 S_ be separated from the Naval Service.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040615 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 Applicant did not request a discharge characterization change.  Applicable regulations stipulate that a request for review from an Applicant who does not have an Honorable discharge shall be treated as a request for a change to an Honorable discharge.

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.  The Applicant’s records contain an NJP for violation of UCMJ Article 117 Provoking gestures, Article 128 Assault consummated by battery, and Article 134 Disorderly conduct.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls well below that required for an honorable characterization of service.  Relief is not warranted.

Equity – Reentry: The Applicant requests an “RE-4 upgrade to join the Army.”

The Applicant is advised that the Board has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  Since these issues do not serve to provide a foundation upon which the Board can grant relief, relief on this basis is not warranted.

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), re-issued October 2002, effective 22 Aug 2002 until 19 June 2005, 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.

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 “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