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Docket No. ND06-00047

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

FOR OFFICIAL USE ONLY

 ex-HN, USN
Docket No. ND06-00047

Applicant’s Request

The application for discharge review was received on 20051005.  The Applicant requests the Narrative Reason for Separation be changed to “Hardship.”  The Applicant requests 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 20060717.  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 reason for discharge shall not change.  The discharge shall remain Honorable by reason of convenience of the government on the basis of a diagnosed personality disorder.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“My discharge was inequitable because it was based on one isolated incident in 33 months of service with no other adverse action.”

Documentation

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

Applicant’s DD Form 214
Character Reference ltr from A_ W_, LT NC USN, dtd September 6, 2005
Character Reference ltr from P. L. C_, LT, NC, USNR, dtd September 1, 2005

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20001028 - 20010730	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20010731		Date of Discharge:  20040513

Length of Service (years, months, days):

	Active:    02 09 13
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  17 (Parental Consent)

Years Contracted:  4 (12 month extension)

Education Level:  12				AFQT:  50

Highest Rate:  HN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.5 (2)			Behavior:  3.0 (2)		OTA:  3.34

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):

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

Chronological Listing of Significant Service Events: 

011108:	Applicant first evaluated by a military psychologist and diagnosed as having a “pain disorder with psychological factors”  [Extracted from Mental Health Services letter dated 040426.]

030827:	Retention Warning:  Advised of deficiency (Failure to meet physical readiness test standards.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

040426:	Medical evaluation by H_ A. H_ Ph.D. and K_ L. I_, Capt MC USNR, Staff Psychiatrist, Clinical Psychologist at Mental Health Services, Naval Medical Center, San Diego, CA.
Applicant diagnosed with personality disorder not otherwise specified with borderline and paranoid features.  The psychiatrist recommended separation based on a personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service.  Applicant was considered a continuing risk of harm to self or others.

040503:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as honorable by reason of personality disorder.

040503:	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 and submit a statement.

040517:	Commander, Naval Medical Center, San Diego, CA directed the Applicant's discharge with an honorable by reason of convenience of the government - personality disorder.  Commanding Officer’s comments:  “After careful review of enclosures (1) through (3) it is clear that Hospitalman K_(Applicant) is unsuitable for further military service due to her personality disorder which interferes with her ability to adequately serve in the United States Navy.
Hospitalman K_(Applicant) was discharged by reason of Convenience of the Government – Personality Disorder.  She received an Honorable characterization of service and was assigned an SPD Code of JFX.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040513 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of honorable.  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).  

The Applicant contends that her discharge was inequitable because it was based on one isolated incident in 33 months of service with no other adverse action. The Board found that the evidence of record showed the Applicant was diagnosed with a "personality disorder not otherwise specified, with borderline and paranoid features, by competent medical authority at Mental Health Services, Naval Medical Center, San Diego, CA. The Applicant was recommended for expeditious administrative separation from the Navy based on a personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. Based on the Applicant’s deliberate overdose (valium and renal), competent medical authority deemed her a continuing risk of harm to self or others.
 Thus, the Board finds that the Reason for Discharge reflects the Applicant's mental health status at the time of her discharge, and was proper and equitable at the time of issuance.  "Personality Disorder" is an accurate narrative description of the reason for the Applicant's discharge and is considered neither punitive nor adverse but a statement of fact. Relief denied. 

For the edification of the Applicant, there is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided sufficient post-service documentation for the Board to consider.  

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 documentation to support any claims of post-service accomplishments or any additional evidence related to this 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