Author: CAP
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Docket No. ND99-01156

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

 ex-EM3, USN
Docket No. ND99-01156

Applicant’s Request

The application for discharge review, received 990826, requested that the characterization of service on the discharge be changed to Honorable.  The applicant requested 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 000522.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I believe the record to be in error or unjust due to my receiving a medical diagnosis from Naval Hospital Groton, CT as having a Personality Disorder (Adjustment Disorder) due to being claustrophobic and was erroneously processed for an Administrative Discharge in lieu of being processed for a Medical Discharge.  Additionally, I met the criteria for having an honorable discharge per reference (a) (MILPERSMAN) in as much as I had only 1 NJP and my performance evaluations were commensurate with an Honorable Discharge.

In support of this application I am enclosing a copy of my DD214 and a copy of the medical diagnosis from Naval Hospital Groton, CT.

On a personal note, I am dismayed why my command circumvented the established procedures for persons in my situation and look to you first for assistance in overturning this poor decision.  If necessary, I will explore all other options including writing to my political representatives.  The impact of a General Discharge precludes me from using my G.I. Bill to continue my education.  I have not been in any trouble since my discharge and have been employed.  Thank you very must for your attention in this matter.

Documentation

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

Copy of DD Form 214 (2 copies)
Mental Health Dept, Naval Ambulatory Care Center, Groton, CT consultation dated 09Feb98 (2 pages)

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive:  USNR (DEP)	941220 - 950827	COG

Period of Service Under Review:

Date of Enlistment:  950828		Date of Discharge:  980223

Length of Service (years, months, days):

	Active:    02  05  27
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 (24 month extension) 

Education Level:  12			AFQT:  96

Highest Rate:  EM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.0 (1)	Behavior:  1.0 (1)		OTA:  1.67  (5.0 eval)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, LOC

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority:  NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

Chronological Listing of Significant Service Events:

970422:	Mental Health Dept, NAVHOSP, Groton, CT:  Pt has orders to got to submarine.  Originally volunteered for this duty.  Slightly anxious.  No history claustrophobia/depression or anxiety.  Not trying to "get out" - just a little concerned.  No suicidal/homicidal ideation.
	Assessment/Plan:  Anxiety related to going to sub.  Still qualified, reassure/educate.  Follow-up with FSC, with sub IDC.  Returned to full duty and follow-up as necessary.

970904:	Counseling:  Advised of deficiencies in performance (deficiency in qual progress), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

971106:	Counseling:  Discussed past history of problem, discussed options with respect to medical/psych eval, evaluated possible causes of member's problem and advised of doing better in quals, notified of corrective actions and assistance available.  The applicant had to be relieved of watch standing/CAS assistant team responsibilities, due to his inability to support the watch team.  He stated that he did not feel that he could wear an EAB if the need arose.  This is the third incident of this nature.

971015:	Med Dept Rep, USS OKLAHOMA CITY:  Applicant found fit for submarine duty.

971203:	Mental Health Dept, NAVHOSP, Groton, CT:  CHIEF COMPLIANT:  "I have these panic attacks that occur usually in the morning or night or whenever I put on an EAB.  In response to the inquiry.  In what way can we halp you with your problem? he wrote on his questionnaire, "transfer me to the surface fleet or if this is not possible to a shore command or possibly even out the Navy."
	CURRENT MENTAL EXAM:  Pt is oriented times five.  Denies current suicidal thoughts and/or intent.  Affect and mood are anxious.  Were no symptoms of a thought disorder.  Were no indications of major depression.  He made it clear that he had been unhappy aboard the USS OKLAHOMA CITY and that he was sorry he volunteered for submarine duty.
	IMPRESSION:  AXIS I - Adjustment Disorder
	AXIS II - 
	AXIS III -
	AXIS IV - Routine stresses of military life
	AXIS V - GAF: 85
	PLAN:  Is psychiatrically fit for full duty in my opinion.  It appears to me that his discomfort with the EAB and with the submarine environment in general has been exacerbated by his intense dislike of Naval service.  The symptoms he reports have inherent secondary gain aspects.  Recommendation to EM3 (Applicant) was that (1) he remain aboard the USS OKLAHOMA CITY and go underway to the eventual duty station in Virginia, (2) he continue to see Mr. A_ for supportive psychotherapy, and (3) if the problems persist after he arrives in Virginia, to go for reevaluation at the Mental Health Department at Portsmouth.  Prognosis - Fair due to lack of motivation.

980115:	NJP for violation of UCMJ, Article 86:  unauthorized absence in that EM3 (Applicant) did, on or about 1445.08JAN06, without authority, failed to report to his reported place of duty, to wit, USS OKLAHOMA CITY (SSN 723) located at Portsmouth Naval Shipyard, Portsmouth, NH and did remain so absent until on or about 0903, 98JAN09.
	Award:  Forfeiture of $604.00 per month for 2 months, restriction to ship for 60 days, reduction to E-X.  No indication of appeal in the record.

980209:	Mental Health Dept, Naval Ambulatory Care Center, Groton, CT:  CHIEF COMPLAINT:  Pt reported to his command in January 198 that he was having suicidal thoughts and he was transferred TAD to Group 2 for further assessment. 
PRESENT ILLNESS:  Pt has been treated at the Social Work Dept since early Oct for reported panic-like symptoms.  Referred to the MHC in Groton for additional eval in Dec 97.  Recommendation made at that time that he continue aboard the USS OKLAHOMA CITY and further recommended that pt seek further mental health eval should his anxiety continue after the boat transferred to Norfolk.  It was thought that the secondary gain of getting off the boat was mitigating any positive gain from treatment.  On return to boat, pt began to report fleeting suicidal impulses which resulted in TAD assignment.  It now appears that his dislike of naval service and difficulty adjusting has brought his character deficits to surface and that his personality is so disordered that he is unsuitable for further naval service.
CURRENT MENTAL EXAM:  Pt is oriented times five.  Denies current suicidal thoughts and/or intent,  Affect and mood are anxious.  Did admit that he "feels much better since his removal from the USS OKLAHOMA".  There were no symptoms of thought disorder.  There were no indications of major depression.  He made it clear that he had been unhappy aboard the USS OKLAHOMA CITY and that he was sorry he volunteered for submarine duty.  Denies illicit drug use or alcohol use.
IMPRESSION:  AXIS I - Adjustment Disorder
AXIS II - Personality Disorder, NOS, manifested by marked immaturity, suicidal thoughts, poor stress coping skills
AXIS III -
AXIS IV - Routine stresses of military life
AXIS V - GAF:85
PLAN:  This 19 y/o, single, male EM3/USN/AD is psychiatrically unsuitable for full duty in my opinion. .........................It appears now that the only practical plan for EM3 (Applicant) considering his escalation to suicidal thoughts, is to recommended that he be considered for administrative discharge from active duty due to a preexisting and severe personality disorder.  Pt will be followed by this clinic until discharged.  Prognosis - good, if discharged.

980212:	Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder as evidenced by your Psychiatric Evaluation of Preexisting and Severe Personality disorder on 11 Feb 98.

980212:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

980511:	COMSUBGRU TWO advised BUPERS  that applicant was discharged with a general (under honorable conditions) by reason of convenience of the government on the basis of a personality disorder.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980223 General (under Honorable conditions) for Convenience of the government on the basis of a diagnosed personality disorder. (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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 (C and D).

In the applicant’s issue 1, the Board determined this issue is without merit.  The applicant made the following claims:  He was erroneously processed for Administrative Discharge vice medical discharge; he only had 1 NJP; and his marks were commensurate with an Honorable discharge.  The applicant’s service record contains documentation to show he was diagnosed with a personality disorder by competent medical authority.  Additionally, personality disorder is not a severe enough disorder to qualify the applicant for a medical discharge.  The applicant had one NJP, for unauthorized absence, in addition to formal counseling for substandard performance in obtaining his boat qualifications.  His evaluation marks were 2.0 in performance, 1.0 in behavior and 1.67 overall, which are below the cutoff for honorable performance (1.99).  The applicant’s military service was not honorable and his discharge was proper and equitable.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 
12 Dec 97 until 31 Aug 1998, Article 1910-122 (formerly 3620225), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER(S).

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		Washington Navy Yard
		720 Kennon St SE Rm 309
		Washington, D.C.  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A8600/A9321/A9223/A9201/A8603/A9217/A9229