Discharge review decisional document for official use only



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DEPARTMENT OF THE NAVY

NAVAL DISCHARGE REVIEW BOARD (NDRB)

DISCHARGE REVIEW

DECISIONAL DOCUMENT

FOR OFFICIAL USE ONLY



ex-AO3, USN

Docket No. ND05-00719
Applicant’s Request
The application for discharge review was received on 20050323. The Applicant requests the Narrative Reason for Separation be changed to “Reasons Benifiting the Navy.” 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 20050915. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the Applicant’s narrative reason for separation was discovered by the NDRB. The Board’s vote was unanimous that the reason for discharge shall not change. The discharge shall remain Honorable by reason of convenience of the government on the basis of a diagnosed personality disorder.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION
Issues, as stated
Applicant’s issues, as stated on the application and attached document/letter:
“1. Change JFX Code to: NON recoupable.
2. Change narrative reason for separation to: Reasons benefiting the Navy. Reasons for these changes are attached.”
To whom It may concern, I was recently discharged (honorable) from the Navy because of a personality disorder. When I was discharged I was not given a copy of my DD214 and was sent on my way. Later I found out that this should not have happened. This made it hard to get around to take care of things. I was then mailed a copy where I noticed some mistakes. Those mistakes have been included. The 3rd class petty officer in charge of my separation did not know what he was doing.
I have most recently received a notice stating that I owe the DOD money because I did not full fill my enlistment. I was not informed that I would owe any money upon separation and I was then informed six months later. I have been unemployed sense my release and do not have money to pay this. I was notified that in order to change this I would have to get the separation code JFX changed to a non-recoupleable code. I would like to get this changed because I was discharged no fault to my own but for reasons benefiting the Navy. I would also like to get the narrative reason for separation changed from personality disorder to reasons benefiting the Navy.
In short I would like to get this fixed because I do not have the money to pay for this because there was a mistake. I also feel that I was not informed of anything upon discharge and was given no help on top of being sent away without my papers. The PSD and ship should not have let me leave without them. Please do all you can to help.
Thank you,
J_ M_ (Applicant)”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
PART II - SUMMARY OF SERVICE
Prior Service (component, dates of service, type of discharge):
Inactive: USNR (DEP) 20020703 - 20021201 COG

Active: None


Period of Service Under Review:
Date of Enlistment: 20021202 Date of Discharge: 20040514
Length of Service (years, months, days):
Active: 01 05 13

Inactive: None


Time Lost During This Period (days):
Unauthorized absence: None

Confinement: None


Age at Entry: 21
Years Contracted: 4 (12 month extension)
Education Level: 12 AFQT: Unreadable
Highest Rate: AO3
Final Enlisted Performance Evaluation Averages (number of marks):
Performance: NA* Behavior: NA* OTA: NA*
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal
* Not Available

Character, Narrative Reason, and Authority of Discharge (at time of issuance):
HONORABLE/PERSONALITY DISORDER, authority: MILPERSMAN, Article 1910-122 (formerly 3620225).
Chronological Listing of Significant Service Events:
040304: Medical evaluation by Medical Department, Mental Health Division, USS Dwight D. Eisenhower (CVN 69):

Applicant diagnosed with schizoid personality disorder, severe. The psychiatrist recommended expeditious administrative due to a personality disorder. The Applicant has a long-standing condition, which is not amenable to treatment. His personality disorder places him at continuing risk for suicide if he is retained in the U.S. Navy.


040429: Medical evaluation by Medical Department, Mental Health Division, USS Dwight D. Eisenhower (CVN 69):

Applicant diagnosed with schizoid personality disorder, severe. The psychiatrist recommended expeditious administrative due to a personality disorder. The Applicant has a long-standing condition, which is not amenable to treatment. His personality disorder places him at continuing risk for suicide if he is retained in the U.S. Navy, and therefore he is considered to be a danger to himself or others.


040429: Applicant notified of intended recommendation for discharge by reason of Convenience of the Government - Personality Disorder. Applicant notified that the least favorable characterization of service possible is general (under honorable conditions).
040429: Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
040511: Commanding Officer, USS Dwight D. Eisenhower (CVN 69), directed discharge with an honorable by reason of Convenience of the Government - Personality Disorder. Commanding Officer’s comments: “AO3 M_ (Applicant) was diagnosed with a Schizoid Personality Disorder. In the opinion of the Clinical Psychiatrist, AO3 M_ (Applicant) is considered to be self-destructive, a continuing danger to self or others, and is not considered suitable for further productive military service. Therefore, I administratively separated him from the Navy with a characterization of service as Honorable.”
040628: Commanding Officer, USS Dwight D. Eisenhower, forwarded the administrative discharge package to CNPC.
Service Record was missing elements of the Summary of Service.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW
Discussion
The Applicant was discharged on 20040514 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of honorable. After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). The Board presumed regularity in the conduct of governmental affairs (D).
Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question. No such impropriety or inequity is evident during the Applicant’s enlistment. The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The Applicant does not deny that he was suffering from a personality disorder at the time of his discharge from naval service. He was diagnosed, by qualified medical officer, as possessing a long-standing disorder of character and behavior of such severity as to interfere with serving adequately in the Navy. He was considered a continuing risk to do harm to himself or others. The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a Personality Disorder. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason Separation would be inappropriate.
The Applicant desires his separation code, “JFX,” be changed so that he is no longer required to reimburse the government for his enlistment bonus. There is no requirement or law that grants recharacterization on the issue of avoiding financial obligations and this issue does not serve to provide a foundation upon which the Board can grant relief. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.
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. 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.
D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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


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