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

 ex-CTT3, USN
Docket No. ND05-00501

Applicant’s Request

The application for discharge review was received on 20050131.  The Applicant requests the characterization of service received at the time of discharge changed to honorable.  The Applicant requests a documentary record review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050601.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned impropriety in the discharge action and inequity in the characterization of the Applicant’s service.  The Board’s vote was 5-0 that both the character of the discharge and narrative reason shall change.  The discharge shall change to:  HONORABLE/SECRETARIAL AUTHORITY, authority:  MILPERSMAN 1910-164, Separation code: JFF.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION
Issues, as stated
Applicant’s issues, as stated on the DD Form 149, dated 040915:

1.  “Request my discharge certificate be upgraded from General Under Honorable Conditions to Honorable.”

2.   “I believe my chain of command and medical treatment personnel made an inaccurate diagnosis of personality disorder.  During the five months preceding my discharge I was diagnosed seven times with Major Depressive Order due to a major life event wherein my wife left me with my only child and she caused me major financial problems.”

3.   I, D_ P_ B_ R_ (Applicant), formally E-4/CTT3, US Navy, make the following statement.
During the period of April 1999-April 2000, my former wife and I were having major marital problems, which were compounded by major financial problems, beginning in December of 1999.  At the beginning of our marital problems I asked my wife to join me in marriage counseling which she decided not to participate, which resulted in attendance of these meetings alone.  In December of 1999, we found that we were having financial problems, which led to our vehicle being repossessed and credit cards being canceled, which my wife at the time admitted to my Chain of Command was her fault.  She had been in full control of the finances while I was working.  My wife, who was about 7 months pregnant with our daughter, had left with our son during April 2000, and we had decided to break up the marriage followed by divorce.  This led to my seeing a Military Psychologist on Buckley AFB.  I fell into a depression due to not being around our son and the break up of our family. I was seeing the psychologist from June 2000- November 2000.  He diagnosed me with Major Depressive Disorder 6 times throughout 6 sessions.  And only once, which was on the last session, did he find a diagnosis of Personality Disorder.  With all of the family issues at hand, I informed my Command that I no longer wished to remain in the military.  I felt that my Chain of Command was not supporting me during the time of crisis, which I was undergoing.  I was told that signing some paperwork would expedite the discharge of military service to a time frame of 2 weeks.  Because of all of the problems that were going on with my family, waivers were signed without knowing what they meant or what they entailed.  Only upon being discharged was I made known that I was being discharged with a General Under Honorable Conditions on the reason of Personality Disorder.  When this issue was brought to the attention of the Command Master Chief, he responded that because I signed the papers with the waivers nothing could be done about it.  The same response came from my Commanding Officer.  I was told that I no longer had the opportunity to meet with JAG due to my signing the waivers.  I do not believe that I ever had a Personality Disorder.  It is my belief that family problems and financial problems were a major reason, along with thoughts that my Chain of Command did not help or try to aid in my time of need, was the reason I no longer wanted to remain in the military.  To be honest, I enjoyed my time in the Navy before being stationed at that Command.  I received a Good Conduct Ribbon and an Honorable Discharge upon reenlistment while at Naval Technical Training Command (NTTC) Cony Station, Pensacola.  I have also received a Letter of Recommendation from the Commanding Officer of the USS America CV-66.  All Evaluations were must promote, until being stationed at Naval Security Group Activity (NSGA), Denver.  While aboard the USS America CV-66 and the USS George Washington CVN-73, psychological counseling was never once sought, for any reason.  I served with pride and with the intent on continuing service until such time as the opportunity to retire from active duty would arise.  On several occasions I spoke to friends and family about joining the US Military.  Only when my marriage was breaking up was there a need of any psychological counseling.  Since my discharge I have been gainfully employed and have had no instances with the Law or instances where there would warrant a need for psychological counseling.  I have since remarried and we have a son.  I have worked in stressful situations where there was not enough to support our family and still had no need of going through any counseling.  Earlier this year, 02FEB04, while working with Anteon Corporation on Fort Huachuca, Arizona, as an Instructor for the 96B10 course, our daughter passed away.  We were truly distressed but I continued with my work, while helping our family traverse this storm.  This is just one example of how I am fit both mentally and emotionally.  The only problem was that I had to be laid off from work for reasons, which included my type of discharge from the Navy.  My discharge has had an impact on my being able to keep a job that I believe I am worthy of due to the abilities learned from the US Navy.  A Security Clearance cannot be obtained due to the reasons of my discharge from active duty.  It was only recently found that I could argue on my own behalf about the reason for discharged from active duty and maybe have the opportunity to be reinstated.  I truly believe that the reason for discharge from the US Navy was wrong.  Had my Command taken an interest in helping overcome the obstacle being undergone I would’ve remained in the military.  It was my first interest to make the US Navy a career.  Since being discharged, I have spoken to many people about joining the military and learning the values of Honor, Courage and Commitment that the Navy instilled in me.  I believe that if those values were used on my behalf, I would still be serving active duty for the US Navy.  As a matter of fact, if the opportunity came where I would be able to be reinstated into the Navy, it would be taken with no thought.  I believe that I owed 10 months on my contract prior to discharge before the opportunity to reenlist would’ve arisen.  I had not known before that I could do anything about changing the type of discharge or reasons for the discharge.  I ask that you consider these reasons stated above and the forms included from my evaluation with the Clinical Psychologist from Buckley AFB in the request that I have made.

Respectfully,

D_ P_ B_ R_ (Applicant)
CTT3 (formally) USN”

Documentation

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

Applicant’ DD Form 149, dated September 15, 2004
Applicant’s letter (undated)
Applicant’s DD Form 214
Mental Health Clinic Note (14 Jun 00)
Mental Health Clinic Note (21 Jun 00)
Mental Health Clinic Note (28 Jun 00)
Mental Health Clinic Note (19 Oct 00)
Mental Health Clinic Note (26 Oct 00)
Mental Health Clinic Note (09 Nov 00)

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	940330 - 940918	COG
	Active:   USNR		940919 - 980402	HON

Period of Service Under Review:

Date of Enlistment:  980403		Date of Discharge:  001208

Length of Service (years, months, days):

	Active:    02 08 06
	Inactive:  None

Age at Entry:  22			Years Contracted:  4

Education Level:  12			AFQT:  54

Highest Rate:  CTT3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (5)		Behavior:  3.20 (5)		OTA:  2.97

Military Decorations:  None

Unit/Campaign/Service Awards:  GCM, NER, NDSM, SSDR, SASM (2), 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:

980403:	Applicant reenlisted for 4 years.

980416:	Applicant reported for duty aboard NSGA Denver.

990616:	Applicant promoted to CTT3.

000614:	Mental Health Clinic Note:  Initial consultation, emergency basis, financial and marital problems and suicide attempt.

000621:	Mental Health Clinic Note:  Referred to Stress Group.

000628:	Mental Health Clinic Note:  Discussed plan to return to normal duties.

000915:	Mental Health Clinic Note:  Cleared for PCS to Guam.

001019:	Mental Health Clinic Note:  Major depressive disorder, recurrent, moderate.

001026:	Mental Health Clinic Note:  Major depressive disorder, recurrent, moderate. 

001101:	Applicant referred for a Mental Health Evaluation.

001102:	Command requested psychological evaluation. Resulting from Applicants “problems completing assigned tasks, need for constant supervision, inappropriate off duty conduct, financial difficulties due to divorce, excessive use of alcohol, numerous verbal counseling sessions, and self –admitted problems with depression”.  Diagnosis:  severe mixed personality disorder (AXIS II) and psychiatric features of depression (AXIS I).  Service member unsuitable for military, due to the presence of a severe personality disorder.  This diagnosis warrants disposition of an administrative discharge, under honorable conditions.  Member not qualified for worldwide duty.  

001109:	Mental Health Clinic Note:  Major depressive disorder, Personality disorder.

001116:	Retention Warning: Advised of deficiency (Primary Axis II disorder.  Secondary Axis I disorder), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

001116:	Applicant notified of intended recommendation for discharge by reason of convenience of the government - personality disorder.  The least favorable characterization of service possible is GENERAL (Under Honorable Conditions).

001116:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ, Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
001208:	Applicant discharged, DD-214 issued.

001227:	Commanding Officer reported 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20001208 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 not proper (C and D). 

Issue 1.  In the course of reviewing the Applicant’s service record the Naval Discharge Review Board did discover a procedural error.  The Naval Military Personnel Manual states that when an individual is diagnosed with a personality disorder the “member must have received a NAVPERS 1070/613, Administrative Remarks, counseling and warning (MILPERSMAN 1910-200) and be given an opportunity to overcome his/her deficiencies in performance and conduct prior to any administrative separation action for a personality disorder”.  The Applicant received his retention warning the same day the Applicant was notified of his impending separation by reason of personality disorder.  Based on these facts, the Applicant was not afforded the necessary opportunity to take corrective action based upon the retention warning, prior to his processing.  The Board found, by a vote of 5 to 0, that the evidence of record does not support the Applicant’s administrative separation for convenience of the government – personality disorder.  The Applicant’s separation for this reason was, therefore, determined to be improper and the narrative reason for separation shall change to Secretarial Authority.  Relief granted.

For discharges based on Secretarial Authority, the discharge should be honorable unless there exists justification for a general (under honorable conditions), under other than honorable conditions, or entry level separation characterization.  The Board found no record of counseling’s, nonjudicial punishments or evaluations to warrant a general (under honorable conditions) characterization.  Furthermore, the Applicant’s trait average over the period of this enlistment was 2.97.  Therefore, the Board found that the Applicant’s general (under honorable characterization) was inequitable and voted unanimously to change the Applicant’s discharge characterization to honorable.  Relief granted.

The NDRB can grant no further relief.  Any future requests must be made to the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective 
27 March 2000 until 13 Aug 2001, 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 II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  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