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Docket No. ND03-01370

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

ex-RPSA, USN
Docket No. ND03-01370

Applicant’s Request

The application for discharge review was received on 20030814.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record discharge review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040608.  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/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “Honorable Senator J_ M_,

I would like to thank you for taking a deeper look into my situation.  My discharge from the U.S. Navy was unwarranted. I was stationed at NAS Meridian, MS and worked in NAS Chapel.  My chaplains were CDR. T_ C_, LT. W_ N_. and the LPO was RP2 (SW/AW) H_ F_.  During my tour at NAS Meridian there were a lot of personality conflicts with the chapel staff, which soon lead to my discharge from the Navy.

My medical records show a pattern of depression.  On January 16th 2003 I saw Capt. F_r at NAVHOSP Pensacola and I was diagnosed with a personality disorder, being narcissistic, passive aggressive, anti-social, and negativistic.  Along with my diagnosis was a recommendation for an expeditious discharge from the Navy.  I asked Capt. F_ if there was anything the Navy could do to help me, but she told me there was nothing.  One week before I was discharged I received a second opinion from Dr. K_ S_ at Psychology Associates.  During my three visits, I took 2 tests from which the results were all normal.  The tests also indicated that my personality would best be suited for law enforcement or the military.  When I presented this updated evaluation to my command it was dismissed.  I was told it was too late and that the Navy couldn’t help me.  My discharge was being finalized.

While working in the NAS Meridian Chapel there were several unjust accusations.  I received a page 13 for calling my detailer.  I chose a hot pick (the 1st FSSG) without telling my chaplains.  However, my page 13 simply states “in dereliction of duty by” and there is no explanation.  The chaplains attempted to call my detailer and have my orders cancelled but were unsuccessful.

While on my Christmas leave from December 17th - December 26th 2002, I called to extend my leave.  On the 21st the chapel received a Red Cross message stating that my grandmother had died on December 21st 2002.  My LPO inquired about my page 2 and upon learning that my grandmother was not on it, he refused to extend my leave for her services.  The request was passed to the chaplains.  Chaplain N_ gave incorrect information to the CMC regarding my flight and my grandmother’s services.  My plans to fly out of Sky Harbor International Airport in Phoenix, AZ were misconstrued to be Flagstaff Airport in Flagstaff, AZ.  My grandmother was to be cremated on the 24th of December, and her memorial service was to be the 28th of December in San Diego, CA.  I gave all information to my chaplains as I received it.  My leave was extended 4 days.  When I returned to NAS Meridian the evening of December 30th 2002, I was harassed by the chaplains and the LPO.  I informed them that I was becoming depressed due to my grandmother’s death and the pressure from the chaplains.
In the first week of January I was having a casual conversation with RPSN K_W_.  When the LPO overheard my conversation he threatened to put me on legal hold so I could not fulfill my orders with 1st FSSG.  When I asked what basis he had for legal hold, my LPO said he has the power to do anything and he wants to put me on legal hold, he will.  However when he discussed it with the CMC, it was all dropped.  We were then informed that every word out of the LPO’s mouth were a direct order and we were to be held accountable from that day forth.  On January 9th 2003, I was checking out of my command to report to Camp Legume, NC for CREST.  I was going to Chaplain C_’s office with my blue checkout card to get his initials.  Before I walked in his office the LPO walked by me and told me that I was not to have Chaplain C_ sign my card until the 10th, the day I was leaving NAS Meridian.  I agreed and continued to the chaplain’s office to discuss my tour with NAS Meridian.  I sat down and laid the card face down in my lap so he would not sign it.  Within a few minutes he reached for the card and signed it.  I was later reprimanded for letting the chaplain sign my card against a direct order from my LPO.  As I continued to check out, I was told I would not be allowed to check out and I was to report to the chapel immediately.  I went to Administration to discuss this with the CMC.  I was then sent to Senior Chief W_.

She said she would stop by the chapel later that day.  I returned to the chapel and was immediately told to stand at parade rest at the end of the hail.  About 10 minutes later I was called into Chaplain C_’s office where RP2 F_, Chaplain C_, and Chaplain N_ were all seated.  I was told to stand at attention and Chaplain C_ started to yell and cuss at me.  He told me I was “...no good, lower than s###, a lying, cheating, back stabbing thief…not even an RP, just a seaman” in his eyes.  He continued to tell me I “don’t belong in the Navy” and he’ll do everything in his power to get me out.  My LPO then began threatening me saying “let’s see your family try and get help for you now, and your cousin Rear Admiral whoever he is try and help you now.”  Chaplain C_ then left for a funeral and Chaplain N_ followed.  My LPO began scolding me again for letting the chaplain sign my checkout card.  I broke down and told my LPO how I dreaded going to work everyday and feared what would happen to me.  I reminded him that I have told them several times that I was depressed.  He took me to medical and I eventually was sent to Pensacola, Florida to see Capt. F_.

When I joined the Navy, I signed a contract promising the military and myself four years of service and benefits.  My discharge from the Navy was unwarranted and therefore a breach of contract.  I am requesting retroactive pay and full benefits until my EAOS.  It is sad to see patriotic sailors and soldiers get discharged from the military.  I wanted to go serve in Iraq with all my heart.  I was willing to fight with my fellow soldiers and even lay down my life for our country.  I would like to thank you for taking your time to take a deeper look into my situation.

Sincerely,

L_ M_ (Applicant)”

Documentation

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

Copy of DD Form 214
Psychological Evaluation, dated February 26, 2003
Certificate of Appreciation, dated December 14, 2001
Certificate of Appreciation, dated December 14, 2001
Letter of Reference, dated February 03, 2003
Certificate of Completion, dated December 14, 2001
Certificate of Completion, Bus Driver Course, dated May 10, 2002
Certificate of Appreciation, dated September 19, 2002
Volunteer Certificate of Appreciation, dated December 9, 2002
Letter to Senator J_ Mc_, dated March 24, 2003
Disabled American Veterans letter, dated August 6, 2003

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	010809 - 010815	COG
	Active:   USN			None

Period of Service Under Review:

Date of Enlistment:  010816		Date of Discharge:  030228
Length of Service (years, months, days):

	Active:    01  06  12
	Inactive:  00  00  07

Age at Entry:  19			Years Contracted:  8 

Education Level:  12			AFQT:  N/A

Highest Rate:  RPSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*		Behavior:  NMF		OTA:  NMF

Military Decorations:  NDSM

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

*No marks found in service record.

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:

011211	Mental Health Clinic Evaluation:

	DX:	Major Depression by Psychologist CDR G_.  Has been placed on LIM Duty X 8 MOS.  Not fit for sea duty.

020812	Mental Health Clinic, NAS Meridian, MS Psych Evaluation for Overseas Screen.

	DX:	Major Depression – Resolved
	Plan:	Full Duty.  Suitable for overseas/sea duty.

030116:	Commanding Officer, Naval Hospital, Pensacola evaluation.    Commanding Officer’s comments:  Expeditious administrative separation, reference (a) is strongly recommended for convenience of the government by reason of severe personality disorder.  RPSN M_ was will most likely become an increasing administrative burden to his command with deteriorating performance, conduct, reliability, and judgment.  The member may become a threat to harm self if retained in the US Navy.  The requirement for NAVPERS 1070/613 counseling and warning does not apply.

	The clinical impression were:

	Axis I:	  Occupational Problem
	Axis II:   Personality Disorder, Not Otherwise Specified, with Narcissistic, 
                                      Antisocial, Negativistic, and Passive-Aggressive Features

030117	Commanding Officer, Naval Air Station, Meridian Notification of Mental Health Evaluation and Patient Rights	to RPSN L_ M_.

030117:	Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service.

030117:	Applicant advised of 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.

030121	RPSN L_ M_ acknowledgment of Notification of Mental Health Evaluation and Patient Rights.

030226	Psychological Evaluation Summary:  This individual exhibits no significant psychopathology.  Mild depression and anxiety are apparent by secondary to present stressors, and will likely resolve when these ease.  The self-doubt and suppression of anger evident on the Rorschach inkblot Technique are also secondary and understandable in view of present circumstances.  The individual is of average to high average intelligence.  He possesses a somewhat rigid and overcautious style.  Need for success and approval is strong.  The individual imposes high standards of behavior on himself and others. K_ S_, PhD, Psychologist.

030428:	Commanding Officer, Naval Air Station, Meridian directed the Applicant’s discharge with a general (under honorable conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service.  Commanding Officer’s comments:  As evidenced by the enclosed, Seaman M_ poses a threat to himself if retained in the Navy.  He has been an administrative burden; however, I attribute that primarily to his mental disorder.  I concur with CAPT F_ that SN M_ has a Severe Personality Disorder and that it was in the best interest of all concerned to discharge Seaman M_ as soon as possible.  I authorized his discharge in accordance with MILPERSMAN 1910-704.  He was discharged on 28 Feb 03 as evidenced by enclosure (4).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030228 with a general (under honorable conditions) for convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. (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).

Issue 1.  The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder.  The Applicant was diagnosed with a personality disorder by competent medical authority of such severity as to render the Applicant incapable of serving adequately in the naval service.  The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable.  Relief denied.

The Board does not have the authority to grant retroactive pay and full benefits until the Applicant’s EAOS.  The Applicant may petition the Board for Correction of Naval Records, using the DD Form 149 enclosed.

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 additional documentation to support any claims of post-service accomplishments or any other evidence relating to his 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 Present, 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  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.
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