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Docket No. ND06-00234

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

FOR OFFICIAL USE ONLY

 ex-OSSA, USN
Docket No. ND06-00234

Applicant’s Request

The application for discharge review was received on 20051116.  The Applicant requests the Narrative Reason for Separation be changed.  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 20061019.  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 and/or attached document/letter:

“Dear Sir or Madame:

In a letter to me dated 18 August 2005, (attached), W. D_ P_ Executive Director of the Department of the Navy suggested that I contact you in order to initiate further action on behalf of my official Naval records.  My purpose is to request that you reconsider the reason for my separation from the Navy on 21 February 1995 and correct the narrative reason for that separation thereby changing my re-entry code from 4 to 3.  My long-term goal is to re-enter the armed services of the United States.

On 27 December 1994, almost 11 years ago, a psychiatric evaluation of me was made by the Navy in which I was diagnosed as having a personality disorder.  That triggered my honorable discharged from the Navy in February 1995.  I do not deny that at that time I was under a great deal of stress which precipitated depression resulting in my making some less than optimum personal decisions.  I do not dispute that I was affected by separation from my family and friends and that that condition coupled with immaturity had a short-term affect on my behavior.  However, I do dispute that these circumstances were fairly judged as a personality disorder.  I was never a danger to my shipmates and I never attempted to physically endanger myself on board or off.  In fact, a review of my records will show that I excelled both in the classroom as well as under work conditions.  At OSA Dam Neck I graduated #2 in my class and just missed Petty Officer rank by a few points.  As an Operation Specialist, I took my job very seriously and served on the bridge of the USS Blue Ridge more than any other OS on board and was praised on many occasions as to how well I handled myself.

In addition to the letter from Mr. P_ to which I referred to above, you will find the following documents concerning my docket # 5790-05.

1.  A completed DD 293 (Application for Review of Discharge).
2.  My DD214.
3.  Three DD 370 Request for Reference Forms.

Thank you very much in advance for your assistance and I look forward to a positive resolution of this issue at your earliest convenience.

[signed]
T_ P.  M_
(address deleted)
(telephone number deleted)”

Documentation

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

DD Form 370, Request for Reference, to the U.S. Army Recruiting Station, dtd April 29, 2005
DD Form 370, Request for Reference, to the U.S. Army Recruiting Station, dtd April 27, 2005
Character reference from R_ M. K_, dtd April 27, 2005
DD Form 370, Request for Reference, to the U.S. Army Recruiting Station, dtd April 29, 2005
Applicant’s DD Form 214 (2)
Letter from Applicant, dtd October 20, 2005
Letter from Applicant, dtd September 25, 2006

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19940211 - 19940419	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19940420	Date of Discharge:  19950221

Length of Service (years, months, days):

	Active:    00  10  02
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:                 None

Age at Entry:  22

Years Contracted:  Unknown

Education Level:  High School Equivalent	AFQT:  Unknown

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NA*	Behavior:  NA*	OTA:  NA*

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

* Not Available

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

HONORABLE/PERSONALITY DISORDER, authority:  MILPERSMAN, Article 3620200.

Chronological Listing of Significant Service Events: 

941227:	Medical Outpatient Psychiatric Evaluation at USNH Yokosuka Mental Health by D. H. I_, LCDR, MC, USNR, Head, Mental Health Department.  This is the first USNH Yokosuka Mental Health evaluation for this 22 year old single Caucasian male, SA/N/AD) with 8 months and 7 days continuous active duty presently assigned to USS Blue Ridge since November 1994. The patient was seen as an emergency due to feelings of “depression” and suicidal ideations.  The patient claims that to kill self will he easy for him and he could do it by cutting his wrists. The history was obtained from the patient and available medical records and was felt to be reliable.
	
	Diagnosis: Patient is not currently actively suicidal, homicidal or psychotic.  However, due to his long-standing characterlogical difficulties, not amenable to treatment, he will be a continuing risk for self-harm if maintained in the Navy.  Therefore, it is in the best interest of the Navy to administratively separate this individual.
	Axis I  Life circumstances problem.
	Axis II Personality disorder not otherwise specified
	Axis III None
	Recommendation: 
	1. The patient is not mentally ill and is fully responsible for his behavior.  Although technically fit for fully duty, he does manifest a long-standing character and behavior disorder which is of sufficient severity to preclude further satisfactory military service.  Therefore, it is STRONGLY recommended that he be processed by his local command for an EXPEDITIOUS administrative discharge in accordance with NAVMILPERSMAN 3620200, by reason of unsuitability without recourse to further psychiatric evaluations, hospitalization or medical board.  In the examiner’s opinion, the patient does not possess a severe mental disease or defect for purposes of R.C.M. 706 examinations and is considered competent.
	2. Patient is not actively suicidal, homicidal or psychotic.
	3. Follow up prn.
	4. Recommendations discussed with the patient.
	5. He was also instructed to present to the Emergency Room if he became an imminent risk to self or others.  The patient understands and agrees to comply with my recommendations.

941228:	Medical evaluation at U.S. Naval Hospital, Yokosuka, Japan.  Applicant admitted for suicidal ideation, rule out malingering.

950103:	Medical evaluation at U.S. Naval Hospital, Yokosuka, Japan by D. H. I_, D.D.S., MD, Psychiatrist.
	PHD: Patient is a 22 year old single Caucasian male SA/AD/N with over 8 months of CAD and on the Blue Ridge since November 1994.
	CC: “there are all these knives”
	HPI: Although clearly stating on the initial evaluation on 27 December 1994 that he just wants out of the Navy and that he will be fine if recommended for separation, he returned today after reporting that there are so many knives in the galley. he has thoughts of harming himself The patient is again unable to clearly state why he is nor able to adapt to the Navy and is unclear about his current feelings.
	He is dramatic in his presentation, presenting him self as distressed, but his affect is not consistent with his reported mood. He does not look depressed or distressed.
	The patient stated that “something is wrong” and that he is feeling that he might not have any control over himself with all the knives around him.
	
Currently the patient accepts the waiting period for the demonstrative separation and is happy with the recommendation for the ad sep and transfer to TPU. He is not actively suicidal, homicidal or psychotic.
	Axis I: Life Circumstance Problem
	Axis II: Personality Disorder NOS
	Axis III: none
	Recommendations:
	1. Attending psychiatrist advises expeditious administrative separation and transfer to TPU. The patient is not mentally ill and is fully responsible for his behavior. Although technically fit for full duty, he does manifest a 8 long-standing character and behavior disorder which is of sufficient severity to preclude further satisfactory military service.  The medical authority has evaluated the member and has determined that he will be self destructive and a continued danger to himself should he be retained in military service. Therefore, it is STRONGLY recommended that he be processed by his local command for an EXPEDITIOUS administrative discharge in accordance with NAVMILPERSMAN 3620200, by reason of unsuitability without recourse to further psychiatric evaluations, hospitalization or medical board. Pending expeditious administrative separation, it is strongly recommended that the member be transferred to the Transient Personnel Unit. In the examiner’s opinion, the patient does not possess a severe mental disease or defect for purposes of R.C.M. 706 examinations and is considered competent.
	2. Patient may be transferred to TPU at Treasure Island for separation, if possible.
	3. Patient is referred to Family Services for counseling.
	4. The patient is to return Thursdays at 1000 weekly for follow up.
	5. Recommendations discussed with the patient and Blue Ridge Medical.
	6. Patient agrees to go to the ER or notify some other authority should he become suicidal prior to acting on his ideation and he can be expected to do so.
	7. He is not currently actively suicidal, homicidal or psychotic.

950126:	Report of Medical Examination: Clinical evaluation, Block 42, 
Psychiatric, checked abnormal and hand written in notes personality disorder not otherwise specified.  Applicant found medically qualified for separation.

950126:	Report of Medical History, Note: Block 25:  (4) Admitted 12/28/94 for suicidal ideation - discharged 1-3-95 with diagnosed personality disorder not otherwise specified and life circumstance problem - reason for separation.

950221:	DD Form 214: Applicant discharged with an honorable by reason of personality disorder, authority:  MILPERSMAN, Article 3620200.

Service Record did not contain the Administrative Discharge package. 
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19950221 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 records, supporting documents, facts and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C).  The Board presumed regularity in the conduct of governmental affairs (D).

The Applicant claims that he was unfairly judged as having a personality disorder.  While being diagnosed by a competent medical authority at Naval Hospital Yokosuka, it was noted that the Applicant made a poor adjustment to the demands of military service despite appropriate leadership, counseling, discipline or other appropriate methods.  The medical authority evaluated the Applicant and determined that he would be self destructive and a continued danger to himself should he be retained in military service.  He strongly recommended the Applicant’s administrative discharge due to personality disorder.  The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable.  Relief denied.

The Applicant states “I do not dispute that I was affected by separation from my family and friends and that that condition coupled with immaturity had a short-term affect on my behavior.”  The statement contained in the application that the Applicant’s admission was due, in part, to his youth and immaturity was found to be insufficient justification to warrant a change in the reason for discharge.  Relief denied.

The Applicant states “My purpose is to request that you reconsider the reason for my separation from the Navy and correct the narrative reason for that separation thereby changing my re-entry code from 4 to 3.  My long term goal is to re-enter the armed services of the United States.”  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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), Change 9, effective 22 Jul 94 until 23 Jun 96, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

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.

D.  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 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