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

FOR OFFICIAL USE ONLY

ex-SN, USNR
Docket No. ND06-00056

Applicant’s Request

The application for discharge review was received on 20051006.  The Applicant requested the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed.  The Applicant requested 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.  The Applicant failed to respond to the personal appearance hearing scheduling notice by the due date of 20061218 and to the 30-day case abeyance pending selection of counsel notice by the due date of 20061221.  Therefore Applicant’s personal appearance was waived, and the Board scheduled his case for a documentary discharge review.  The Applicant’s selection of the American Legion as representative, postmarked 20070124, was received by the NDRB after it conducted a documentary discharge review.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20070201.  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 and  reason for discharge shall not change.  The discharge shall remain Under Honorable Conditions (General) by reason of convenience of the government on the basis of a diagnosed personality disorder.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

None

Documentation

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

Applicant’s DD Form 214 (Service 2)

PART II - SUMMARY OF SERVICE

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

	Inactive:  None
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19890825		Date of Discharge:  19920713

Length of Service (years, months, days):

	Active:    02  01  06
	Inactive:  00  09  14

Time Lost During This Period (days):  

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  17 (Parental Consent)

Years Contracted:  8 (Active Mariner Program)

Education Level:  12				AFQT:  39/41

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.8 (3)		Behavior:  3.7 (3)		OTA:  3.73

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Sea Service Deployment Ribbon, National Defense Service Medal, Southwest Asia Service Medal (w/campaign star)

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

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority:  MILPERSMAN, Article 3620200.

Chronological Listing of Significant Service Events: 

900608:	Commenced active duty for a period of 36 months in the Active Mariner Program

920517:	Medical evaluation aboard USS DE WERT, HMC A. L. B_, USN:  
	20 y/o WM (Applicant) referred to SB by ship’s XO who received a note from pt. stating he was depressed and didn’t want to “do something he can’t undo.”  Pt. professes dissatisfaction w/military life and present job as a deck seaman.  Normal physical and social activity has declined, “feel moody all the time.”  Wants out of the Navy but is afraid of his father’s ire.  Feeling that “something bad is going to happen.”  Confesses to random thoughts of suicide but denies serious intent or plans.  No homicidal ideations.  Denies sleep disturbances, dietary irregularity.  Mod social drinking.  Denies drug use/abuse.  Smokes.
	A:  Rule out Anxiety Reaction
	P:  1.  Pt given verbal reassurance, offered support and counsel this office PRN.  2.  Consider consult to Psych for eval.

920601:	Medical evaluation aboard USS DE WERT, HMC A. L. B_, USN:
	20 y/o WM (Applicant) to SB states, “I keep slipping in and out of depression.”  Pt. seen 920517 w/similar complaint, however now professes to suicide attempt approx 6 wks ago.  “Took a bunch of sleeping pills with booze.”  No apparent affect.  Also states, I’ve been thinking about slicing my wrists.”
	A:  Suicidal gesture/ideation
	P:  Refer for Psych eval today.  Pt has psych appt. sched for 920612.

920601:	Medical evaluation at Naval Hospital, Charleston by W.C. K_, P.A.  Emergency Care and Treatment:
	A:  History suicidal ideation.  Adjustment reactions?
	Eval in Psych Clinic 1300 today.

920601:	Medical evaluation at Naval Hospital, Charleston by F_ V. S_, MC, USN, Psychiatry Clinic:
	20 y.o. AD/N/E-3 w/2 yrs CAD (Applicant) stationed on the USS DE WERT in Charleston.  Presents as referral from ER for an evaluation of suicidality.  Pt states, “I’m not suicidal.”
Assessment:  AXIS I: Adjustment disorder with depressed mood vs. major depression.  Provisional ETOH abuse vs dependence.
	AXIS II: Cluster B traits, rule out personality disorder not otherwise specified with those features.
	AXIS III: None.  Applicant is not currently suicidal.
	Plan: (1) Applicant readily agrees to present to corpsman on ship if suicidal ideations recur.  Ship deploys tomorrow for 4 days.
	(2) No ETOH.
	(3) Command DAPA follow up (to be arranged by corpsman aboard ship)
	(5) Return to clinic in 11 days for scheduled follow up with Dr. B_.
	(6) MMPI
	(7) Discussed above assessment and plan with pt’s XO, LCDR M_.

920606:	Medical consultation at Naval Hospital, Charleston by C. M. B_, LT, MSC, USNR, Psychology Department:
	MMPI-II, Minnesota Multiphasic Personality Inventory was administered to this 20 yo single, ACDU male (Applicant) on 920606.
	Impression:  No indication of affective disorder.  Personality disorder is common diagnosis of persons with this type of profile.  Antisocial or passive-aggressive personality disorder occur most frequently in diagnosing.  Needs to be rule out with interview and history.  ETOH/drug abuse should also be ruled out.
	Plan: (1) Consult returned.
	(2) Will give feedback upon request or referring physician can give feedback to pt.

920612:	Medical evaluation at Naval Hospital, Charleston by C. M. B_, LT, MSC, USNR, Psychology Department:
	Pt (Applicant) seen for follow up as scheduled.  After reviewing psych testing, past 4 eval by Dr. S_ & current clinical interview, it is clear that pt has a longstanding, characterological problem that is not amenable to treatment within the USN.  Pt described a history of passive-aggressive behavior, especially towards authority.  He also endorsed antisocial history, including frequent trips to principal, being fired from job, lying (“at least 1 or 2x a day, that’s normal for everyone.”) and 7 counseling chits over past few months for “attitude problems.”  He described himself as “slick.”  “I’ve been able to push people just to the point where I don’t get in really big trouble.  In the USN, I turn their rules against them.”  Suicide ideation & gestures have been recurrent.  Pt’s insight into problems is very limited & he is not motivated to remain on ACDU, therefore, prognosis for change is poor.
	A: AXIS I: (1) Life circumstance problem. (2) ETOH Abuse.
	AXIS II: Personality disorder not otherwise specified with passive-aggressive, anti-social and narcissistic traits EPTE.
	AXIS III: None.
	Plan: (1) Applicant psychiatrically fit for full duty, however recommend expeditious administrative separation.  Although not imminently suicidal or homicidal, he is continuing risk to do harm to self or others. Expeditious administrative separation in accordance with NAVMILPERSMAN 3620225, NAVPERSCOMINST 1910.13 is strongly recommended.
	(2) Pt to follow up PRN.
	(3) Pt concurs with recommendations.

920713:	DD Form 214: Applicant discharged with an under honorable conditions (general) by reason of other physical mental conditions - personality disorder, authority:  MILPERSMAN 3620225/BUPERS Washington DC 080036Z.

Service Record did not contain the Administrative Discharge package. 

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19920713 by reason of convenience of the government on the basis of a diagnosed personality disorder (A and B) with a service characterization of under honorable conditions (general).  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).  The Board presumed regularity in the conduct of governmental affairs (E).

The Applicant was diagnosed with a personality disorder by competent medical authority on 19920612, with a recommendation for expeditious administrative separation under applicable regulations.  Regarding the presumption of regularity in government affairs, in the absence of the administrative separation package, the Board presumed that the Applicant was properly notified of the proposed separation, afforded the opportunity to elect or waive his applicable rights, and that the separation authority approved the basis for discharge and characterization of service in accordance with appropriate regulations.

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), effective 15 Aug 1991 until 
04 Mar 1993, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B.  Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 
04 Mar 1993, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - BASIS OF PERSONALITY DISORDER.

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.

E.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 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