ex-AEAA, USN
ND07-00705

Current Discharge and Applicant’s Request

Application Received:  20070425 	Characterization Received:  
Narrative Reason:  PERSONALITY DISORDER 	Authority:  MILPERSMAN 1910-122

Applicant’s Request:	Characterization change to:  
			Narrative Reason change to: 
Applicant’s Issues:	1. RE-Code change/re-enlistment
			2. Depression was temporary and no longer exists
			3. Post-service conduct

Decision

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

Date:  20071205			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’s medical record entries indicate that he was diagnosed with a personality disorder by competent medical authority, with a recommendation for expeditious administrative separation.  Thus, the Board finds that the reason for discharge reflects the Applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance.  The Applicant’s assertions are not sufficient to overcome the presumption of regularity attaching to that diagnosis.  "Personality Disorder" is an accurate narrative description of the reason for the Applicant's discharge.  The contention that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to revise official records that were accurate at the time of issuance.  In light of the Applicant’s 2 nonjudicial punishments for violations of the Uniform Code of Military Justice, offenses for which a punitive discharge is authorized upon conviction at special or general court-martial, the Board determined that the characterization of service as general (under honorable conditions) was appropriate, and that an upgrade to honorable was not.  The Board also noted that the record supported discharge by reason of misconduct – pattern of misconduct.  By regulation, the Applicant should have also been processed for that reason in addition to convenience of the government – personality disorder.  Though it was error not to process him for misconduct, the Board found that the Applicant was not prejudiced by not having been separated for that reason.

Issue 3 ().  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 the service.  The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was found not to mitigate the conduct which contributed to the characterization of service.  

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 

Summary of Service

Prior Service:
Inactive: USNR (DEP)	20011031 - 20011216  		Active:   
Period of Service Under Review:
Date of Enlistment: 20011217	Years Contracted:  ; Extension:  	Date of Discharge:  20030922
Length of Service:  01  Yrs  09  Mths  06  Dys	Lost Time:  Days UA:    Days Confined:  
Education Level:  GED	Age at Enlistment:  	AFQT:  69	Highest Rank/Rate:  AEAN
Evaluation marks (# of occasions):	Performance:  2.5(2)	Behavior:  1.5(2)	 	OTA:  2.17 
Awards and Decorations (per DD 214):  NDSM, SSDR

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

20030313:	NJP -- Viol UCMJ Art. 92 - Failure to obey order or regulation; Art. 134 – Underage drinking.
	Awarded - FOP ($645.00) for (2 months); RIR (E-2); Restr for (60 days).

20030711:	Retention Warning for violation of UCMJ Article 92.

20030729:	NJP -- Viol UCMJ Art. 92 - Insubordinate conduct toward Warrant Officer, Noncommissioned Officer, or Petty Officer. [NDBR note:  described conduct is violation of Article 91 vice Article 92, UCMJ.]
	Awarded - Confinement on bread and water for (3 days).

20030907:	Medical Record:  Reason for visit:  Suicidal ideation on 20030905.  Applicant found in rack, would not contract for safety, placed on 1 on 1 watch.
	Diagnosis:  Depression caused by underlying personality disorder, narcissitic attitude, reacting in borderline manner.  Judged to represent a continuing high risk to self or others if retained in the military service.
	Recommendation:  Expeditious administrative separation.

20030909:	Medical Record:  Reason for visit:  Separation physical.  Since last exam in 2002, diagnosed with Major Depressive Disorder, per psychiatrist notes.
	Recommendation:  Qualified for separation.

Discharge Process

Date Notified:					20030909
Reason for Discharge:	 - 
	PERSONALITY DISORDER
Least Favorable Characterization:	

Date Applicant Responded to Notification:		20030909
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, STRIKE FIGHTER SQUADRON 22 (20030912)
              Reason for discharge directed:	 - 
              Characterization directed:	
Date Applicant Discharged:	20030922

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)  Excerpts from BUPERSINST 1900.8B

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, 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.

C.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Articles 91, Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer; and 92, Failure to obey order or regulation.

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