Author: CAP
Last saved by: joyce.meeks
Company: NCPB

Docket No. ND05-01280

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

FOR OFFICIAL USE ONLY

ex-AEAN, USN
Docket No. ND05-01280

Applicant’s Request

The application for discharge review was received on 20050721.  The Applicant requests the Narrative Reason for Separation be changed.  The Applicant requests a personal appearance hearing before the Board in the Washington National Capital Region.  The Applicant did not designate a representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060413.  
After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board found no inequity or impropriety in the Applicant’s narrative reason for separation.  The Board’s vote was unanimous that the discharge shall change to:  HONORABLE/PERSONALITY DISORDER, authority:  MILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“Ex. 1) Graduated from all schools

Ex. 2) Discharge may have been based on past history

Ex. 3) Not enough evidence for medical

Ex. 4) Personal statement to doctor “I would never harm myself

Ex. 5) Confidential conversations may have been used against me

Dear Sir or Madam:

My name is B_ A_(Applicant), and I am notifying you by letter as an attachment regarding my recent discharge on March 31, 2005.  I received a general (under honorable conditions) discharge with a code stated RE-4/Personality Disorder.  My service record indicates that with this code I am not eligible for a reenlistment without prior approval of CHNAPERS.  I am hoping I can get that approval.  Prior to my discharge, I successfully completed Naval Aircrew Candidate School, as well as Aviation Electronics School.  In a small part of my service record it indicates I was dropped from my AE “A” School, which I have my rating as an AEAN and my graduation certificates to prove that small statement false.  Not even 3 weeks after my graduation, while waiting on barracks support for my orders, I was released from active duty.  I assumed I was in the clear to go onto my next command.  While waiting there on barracks support I held positions as assistant duty section leader, as well as a head yeoman.

My only dream was to work Naval Aviation, and I was being threatened that this dream was being taken away from me.  This is one of the reasons why I had been so upset.  In November of 2004 while standing a routine watch in our barracks at NAS Pensacola, there came a point where I was having a very minor difficulty breathing.  I assumed it may have been someone’s perfume, or even from the fumes of the different cleaning solvents we were using to clean up the barracks.  This continued on and off, so I finally went to medical to get it checked out.  I never had any history of allergies, or any other kind of medical problems prior to me joining, so I wasn’t sure if they had developed over time.  The doctor ordered a test for reactive airways, as well as a pulmonary function test for asthma.  The first test did show I had a small case of reactive airways, but the pulmonary function test came back negative.  My lungs were totally clear.  After doing these tests I was informed I may loose my Aircrew flight status because of the RAD.  Since the pulmonary function test came back negative, the doctors were not 100% sure of what caused my breathing issue, so they sent me to NAMI Psychiatry for a panic/anxiety attack evaluation.  I have never experienced either a panic or anxiety attack prior to the military as well.  I personally excluded the possibility of this, but I was still told to go.  I was still holding onto the possibility of mold caused by the recent hurricane, perfume, cleaning solvents, or even something with low blood sugar from not eating in a few hours.  Because of the possibility stated of a panic/anxiety attack is what I thought was the reason for the characterized discharge of personality disorder.  I was very disturbed when I read through my service record and realized what was written in from the doctor.

Yes, I was going through a rough time then with all the new medical issues, my final weeks in school, home situation, and the current issues with my room mate.  I specifically told the doctor a myriad of times I would NEVER harm myself ever.  I do admit to being under stress at the time, which the doctor should have noted.  Why kick me out of the military and make me start to think I am not as strong of a person as I really am? Isn’t the military supposed to break you down and build you back up stronger? I did speak with the doctor about past childhood experiences, which is stated in my record.  I was growing up in a very unstable home which is hard for any child to understand.  My mother has raised me there after to be a very strong independent woman.  Death is a part of human life.  What person naturally has never thought about death at least once?  I decided to speak up and talk about my issues which helped to get rid of a lot of the feelings I had built up inside.  I thought we were suppose to talk about our problems, I didn’t know it would be used against me like this.  I am 19 years old.  I do not drink, do any kind of drug, or engage in sexual intercourse.  If I wasn’t the type of person I am, being willing to vent my feelings, I would have fallen into one of those statistics.  I am NOT mentally ill, which the doctor states himself in my record.  I am no different then any other teen age girl dropped into a new environment needing to be adapted to.  I am a very intelligent individual which Dr. K_ can attain to.  I have goals and dreams like any other.

If my discharge was based on something I am not, I only request this review to change my class of discharge so it fits to who I am.  I did not want to be discharged from the United States Navy.  I signed a contract for 5 years, and I am willing to honor that contract.  I recently spoke to a recruiter from the Army National Guard, about there programs which offer college tuition assistance.  With my discharge code, I cant even do that.  I would love to continue my duties as an AE Aircrewman if possible, and if not I only request the opportunity to join another service which will help me pay for the education I cant afford
Respectfully yours,
B_ A_(Applicant)”

Documentation

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

Applicant’s DD Form 214
Nineteen pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20030630 - 20040614	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20040615		Date of Discharge:  20050331

Length of Service (years, months, days):

	Active:    00  09  17
	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:  61

Highest Rate:  AEAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NOB		Behavior:  2.0 (1)		OTA:  2.00

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal

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: 

050314:	Medical evaluation by Psychiatry Department, Naval Aerospace Medical Institute, W. A. K_, Capt, MC, USN:
Impression:  “...The member’s longstanding disorder of character and behavior is so severe that the member’s ability to function effectively in the Naval environment is significantly impaired and interferes with the member’s performance of duty.  Although the member is not currently suicidal or homicidal, continued military service may result in the member endangering self or others...” The psychiatrist recommended expeditions separation from the military service.
Diagnosis: 
Axis I V62.2 Occupational Problem
Axis II 301.6 Dependent Personality Disorder
Axis III Panic Attacks
Axis IV – Routine military stressors
Axis V – GAF of 70 currently.

050323:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government - personality disorder.

050323:	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.

050325:	Commanding Officer, Naval Air Technical Training Center directed the Applicant's general (under honorable conditions) discharge by reason of personality disorder.  

050331:	Report of Administrative Separation.  Commanding Officer’s comments:  “Airman Apprentice (AA) A_(Applicant) was diagnosed by medical authorities as having a severe personality disorder, which is virtually untreatable in a military facility.  She is considered a serious threat to harm herself or others if retained in the military service.  Medical authorities strongly recommend administrative separation.  In my opinion, she has no potential for future useful naval service; therefore, I have directed that she be separated from the naval service with the type of discharge warranted by service record by reason of convenience of the government.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050331 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, NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant’s service (B and C).  The Board’s vote was unanimous that the character of the discharge shall change, but by unanimous vote, that the narrative reason for discharge shall not change.  The discharge shall change to:  HONORABLE/PERSONALITY DISORDER.

For discharges based on personality disorder, 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 counselings, nonjudicial punishments or evaluations to warrant a general (under honorable conditions) characterization.  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.

Issues 2-5.  The Applicant contends that her narrative reason for separation is inequitable because her discharge “may have been based on past history,” that there was not enough evidence, that should would have never harmed herself and that “confidential conversations may have been used against [her].”  The Applicant was diagnosed with a personality disorder by a competent medical authority on 20050314.  The evidence of record and documentation provided by the Applicant did not persuade the Board that this diagnosis or the narrative reason for separation was improper or inequitable.  Relief denied.

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.

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