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Docket No. ND05-00741

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

FOR OFFICIAL USE ONLY

ex-GSMFN, USN
Docket No. ND05-00741

Applicant’s Request

The application for discharge review was received on 20050321.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “Medical.”  The Applicant requests a documentary record discharge review.  The Applicant designated the Montgomery County Vet Agency as the representative on the DD Form 293. 

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050908.  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 4 to 1 that the character of the discharge shall not change and 5-0 that the reason for discharge shall change.  The discharge shall change to General (Under Honorable Conditions) by reason of Best Interest of the Service (Secretarial Authority).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“I was discharged for medical reasons and I feel that my discharge should be honorable for medical reasons. I did nothing wrong to deserve a general discharge.  

I want to go back to college and need to use my education benefits.  I have been denied benefits because my discharge is general under honorable conditions instead of honorable.”

Documentation

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

Applicant’s DD Form 214
Cover Letter from D_ D. T_, Director of Montgomery County Veterans Agency, dated July 26, 2005
Evaluation Report & Counseling Record July 16, 2002-June 15, 2003
Evaluation Report & Counseling Record December 6, 2001-July 15, 2002
Standard Transfer Orders, dated June 25, 2003
Medical Board Report, dated June 24, 2003
Outpatient Psychiatry Initial Evaluation, dated June 24, 2003 (3 pages)
Third Class Petty Officer Title Authorization Letter, dated May 30, 2003  

PART II - SUMMARY OF SERVICE

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

		Inactive:  USNR (DEP)	20010327 – 20010424	COG
		Active:    None

Period of Service Under Review:

Date of Enlistment:  20010425		Date of Discharge:  20030905

Length of Service (years, months, days):

	Active:    02  04  11
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:	None
	Confinement:			None

Age at Entry:  18 

Years Contracted:  4 (12 month extension)

Education Level:  12				AFQT:  38

Highest Rate:  GMS3 (Frocked)

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.50 (2) 		Behavior:  2.50 (2) 		OTA:  3.08

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Navy “E” Ribbon, Navy Expeditionary Medal, National Defense Service Medal, Sea Service Deployment Ribbon, Navy Pistol Marksmanship Ribbon.

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

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

Chronological Listing of Significant Service Events: 

010327:	Pre-service waiver for civil involvement granted

030612:	NJP for violation of UCMJ, Article 86:  Unauthorized absence.
Violation of UCMJ, Article 92:  Failure to obey order or regulation.
	Award:  Forfeiture of $100.00 pay per month for 1 month, restriction to ship for 7 days and extra duty for 7 days.  No indication of appeal in the record.

030613:	Retention Warning:  Advised of deficiency (Violation UCMJ, Article 86, Unauthorized absence and Violation of Art 92, Failure to obey order or regulation.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

030408:	Chronological Record of Medical Care:  S: 20 year old male complaining of increased stress.  A:  296.2 Major Depressive Disorder, single episode.

030624:	1^st NMC Portsmouth/RSG psychiatric evaluation:  “This is a 20y/o AD WM with no previous psychiatric hx and no family psychiatric hx who presents w/ s/xs of depression.  The patient appears to have started w/ an Adjustment d/o, but he has clearly progressed to MDD.  I see no evidence of personality issue at this time and not evidence of substance abuse/dependence.  I believe that this sailor would benefit from a period of LIMDU in order to 1) attend his counseling w/FFSC, 2) make regular appts w/Psychiatry for medication management(will start SSRI to address sxs of depression and anxiety) and 3) get his affairs in order and submit his paperwork for his hardship d/c (which I fully endorse).”

Diagnosis:
Axis I: Major Depression Disorder-Single, Severe without Psychotic Features.
Axis II: Deferred.
Axis III: none.
Axis IV: Severe-illness of multiple family members, poor social support system, job stress, routine military.
Axis V: Current GAF=48    

Recommendations/Plan:
1. To target the sxs of depression and anxiety, will start Zoloft.  Wrote Rx for Zoloft 50mg po qam w/food #30 w/no refill.  Risks, benefits, alternatives to treatment (including no treatment) and side effects (including but not limited to GI upset, headaches, sedation, dizziness, allergic and idiopathic reaction) of this medication have been d/w pt and he voiced understanding and willingness to take medication.
2.  To target the sxs of insomnia, will start Ambien.  Wrote Rx for Ambien 10mg ½-1 po qhs prn for sleep # 30 w/no refills.  Risks, benefits, alternatives to treatment (including no treatment) and side effect (including but not limited to sedation, dizziness, allergic and idiopathic reaction) of medication have been d/w pt and he voiced understanding and willingness to take medication.
3.  Pt to continue w/FFSC for therapy.
4.  Pt to f/u w/Dr C_ in 2w (Tuesday 08 JUL 03 @ 1100h); pt may call prn (953-6989).
5.  Should an emergency arise, pt has been instructed to call 911 or go to the ER.
6.  Recommended Limited Duty for eight (8) months as follows:
	1.  not deployable at this time
	2.  should remain in CONUS
	3.  no access to weapons
	4.  no overnight watch-standing
	5.  no duty where sedation might cause danger to pt or others. 

030624:	Abbreviated Limited Duty Medical Board Report: Applicant placed on 8 month Limited Duty.
	Diagnosis: Major Depressive Disorder-Single, Severe.

030708:	Psychiatry Outpatient Follow-up Evaluation:  “Pt here for f/u.  Not much change in the past two weeks, but really none expected.  He initially had trouble tolerating the medication (Zoloft) d/t HA, dry mouth and diarrhea.  However, that has mostly subsided now and he is feeling better about the medication.  He notes that he went home over the holiday weekend and his grandmother is not doing very well.  He wants to get home to take care of her.  He almost has his hardship d/c package ready to submit, but still needs to solidify a job.  He is to work on that this next week.  No thought of suicide.”
     	Diagnostic Impressions:
	Axis I: Major Depression Disorder-Single Episode, Severe without Psychotic Features.
	Axis II: Deferred.
	Plan:
	1. Pt is to continue LIMDU.
	2. Continue Zoloft at current dose; no Rx needed.
	3. Continue Ambien at current dose; no Rx needed.
	4. Pt to continue w/ FFSC for therapy
5. Pt to f/u w/Dr C_ in 2w (Tuesday 22 JUL 03 @ 1430h); pt may call prn (953-6989).
6. Should an emergency arise, pt has been instructed to call 911 or go to the ER.
  	
030722:	Psychiatry Outpatient Follow-up Evaluation:  “Pt here for f/u.  Has been on the Zoloft for 4w and is seeing a small response.  However, still not close to seeing remission.  Sleeping well w/ the Ambien; concentration s1 improved, eating better, s1 more motivation.  No though of suicide.  His uncle died and his grandmother is undergoing many tests; his stress level continues to be high.  He has a job and is awaiting the fax to verify that fact to complete his paperwork.  He also found out that he is in the hole 4d for leave, but he also needs to go back home to finish tying up some loose ends on DMV paperwork, etc.  Will try to have someone fax the info here and take care of his issues locally.  We discussed medication options, and as he is beginning to respond to the Zoloft, I advised that we increase the dose to 100mg; he agreed.”
         	Diagnostic Imprssions:
	Axis I: Major Depression Disorder-Single Episode, Moderate to Severe.
	Axis II: Deferred.
	Plan:
	1. Pt is to continue LIMDU.
	2. To target the continuing sxs of depression, will increase Zoloft.  Wrote Rx for Zoloft 100mg po qam #30 w/ 1 refill.
	3. Continue Ambien at current dose, wrote RX for Ambien 10mg po qhs prn for sleep#30 w/ no refills.
	4.  Pt to continue w/ FFSC for therapy.
5.  Pt to f/u w/ Dr C_ in 4w (Tuesday 19 AUG 03 @ 0930h); pt may call prn (953-6989)
6.  Should an emergency arise, pt had been instructed to call 911 or go to the ER  

030819:	Psychiatry Outpatient Follow-up Evaluation:  “Pt here for f/u.  Things have gotten worse.  His grandmother broke her hip…she had a pin placed… she went in for w/u of continued malaise and was found to have cancer (or maybe an infection) in her kidney that is “spreading all over her body”… she needs daily treatment for 5w… she fell and broke her arm over the weekend…she can’t write to pay bills so his grandfather is trying to do it.  The pt is extremely worried and concerned. He is losing weight again and it is harder for him to sleep.  I have d/w the pt our options, and we both agree that he does not have time to wait for his hardship d/c to go through.  Therefore, I will take him off LIMDU and recommend an AdSep.  I have d/w his command (SIMA), and they are in agreement.  The pt denies thoughts of suicide.”

	Diagnostic Impressions:
	Axis I: Adjustment Disorder Not Otherwise Specified, Major Depression Disorder-Single Episode, Moderate.
	Axis II: Deferred.
	Plan:
	1. Pt is fit for duty as of today and may return to parent command.
	2. I am recommending the consideration of an administrative separation by Reason of Convenience of the Government due to a mental condition (Adjustment Disorder) not constituting a physical disability per DOD Instruction 1332.3 and MILPERSMAN 1910-122.  The member is not considered mentally ill and returns to full duty.  The member condition impairs his ability to function effectively in the naval environment and interferes with the member’s performance of duty.  Although not imminently suicidal or homicidal, the member is considered a continuing danger to himself or others.  The member understands that this recommendation is subject to command approval.  In the examiner’s opinion, the member does not possess a severe mental disease or defect for purposes of R.C.M. examinations and is considered competent for his actions.
3. Continue Zoloft at current dose, wrote RX for Zoloft 100mg po qam #90 w/ no refills.
4. Continue Ambien at current dose, wrote RX for Ambien 10mg po qam prn for sleep#90 w/ no refills.
5. Pt to continue w/ FFSC for therapy 0900h on 21 AUG 03.
6. Pt to f/u w/ Dr C_ on 26 AUG 03 at 1000h; pt may call prn (953-6989)
7. Should an emergency arise, pt had been instructed to call 911 or go to the ER.             
                           
030825:	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).

030825:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

030826:	Psychiatry Outpatient Follow-up Evaluation:  Pt here for f/u.  Things are unchanged.  His family’s health is still deteriorating and the pt is anxious to get home to help.  
	Diagnostic Impression:
	Axis I:  Adjustment Disorder Not Otherwise Specified
		Major Depressive Disorder – Single Episode, Moderate
	Axis II:  Deferred
	Plan:
1.	Pt is fit for full duty and may return to parent command.
2.	Continue to proceed w/AdSep as per previous recommendation.

030829:	Commanding Officer, Shore Intermediate Maintenance Activity, Norfolk, directed the Applicant's discharge with a general (under honorable conditions) by reason of “personality disorder, not amounting to a disability.”

030829:	Commanding Officer, Shore Intermediate Maintenance Activity, Norfolk, forwarded the administrative discharge package to Commander Navy Personnel Command.  Commanding Officer’s comments:  “Petty Officer G_ was diagnosed with having a personality disorder and manifest a longstanding disorder of character and behavior which affects that member’s ability to function effectively in the Naval environment.  After careful review of the medical documentation, it is my belief that he has no further potential for continued Naval service.  Therefore, I have separated him with an Honorable Discharge.”

030905:	DD-214:  Applicant discharged with a general (under honorable conditions) by reason of “personality disorder, not amounting to a disability.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030905 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of general (under honorable conditions).  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the characterization of service was proper and equitable, however the narrative reason for separation was improper (B and C).

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 an adjustment disorder and major depressive episode at the time of his discharge from naval service.  However, the Applicant was never diagnosed as having a personality disorder.  As such, the Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicating that he was separated for a personality disorder, is incorrect.  The NDRB voted unanimously to change the Applicant’s narrative reason for separation to Secretarial Authority (Best Interest of the Service).  Relief granted.

When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  A general discharge is warranted for behavior not sufficiently meritorious to warrant an honorable discharge.  The Applicant’s service was marred by nonjudicial punishment proceedings for violations of UCMJ Articles 86, unauthorized absence, and 92, failure to obey order or regulation.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy.  Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of his characterization of service.  Relief is not warranted.

The NDRB did note an administrative error in the Applicant’s separation processing.  The record indicates that separation was directed by the Commanding Officer with a characterization of general (under honorable conditions).  Subsequently, the Commanding Officer submitted a report of the Applicant’s discharge to the Chief of Naval Personnel indicating that the Applicant was separated with an honorable discharge.  In evaluating this discrepancy, the NDRB carefully considered the evidence of record.  Specifically the NDRB found that the Applicant was awarded NJP for UCMJ violations, that the actual memo directing separation indicated the Applicant was to receive a general (under honorable conditions) discharge, and that the DD-214 ultimately reflected that the Applicant received a general (under honorable conditions) discharge.  These facts led the NDRB to conclude, by a 4 to 1 margin, that the Commanding Officer’s letter to the Chief of Naval Personnel was issued in error and that the Applicant actually received a general (under honorable conditions) discharge.  The NDRB is convinced that this error was administrative in nature, and not prejudicial to the Applicant.  As such, relief on this issue is not warranted.

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.  Additionally, 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 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 Present, 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.

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

The remaining portion of this document is divided into 6 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.