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

Docket No. ND06-00363

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

FOR OFFICIAL USE ONLY

ex-CSSN, USN
Docket No. ND06-00363

Applicant’s Request

The application for discharge review was received on 20060103.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance discharge review before a traveling panel.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC at the Washington Navy Yard.  The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061109.  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, inequity in the characterization of the Applicant’s service was discovered by the NDRB.  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 and an attached letter to the Board:

“I request an upgrade to an Honorable discharge because I was accepted into the NAVY with an pre existing medical condition in which the military accepts no responsibility for. MY condition got very bad due to the high level of Stress because of long work hours.  They were Shorthanded.  I had absolutely no time to go to College.  As a result I was getting severe suicidal thoughts due to the high levels of demands and stress.  I don’t feel that my livelihood should be affected by a condition that can be treated.”
“G_ J. L_ Jr. E-3 Navy [SSN deleted] Request from general under honorable conditions to honorable discharge.  Unit-USS Devastator Ingleside, Texas.
Issues why an upgrade is requested and justification continued from application.
I should have used better judgment before joining the Navy.  I feel that the military is partially responsible because the recruiter that I was assigned to told me to lie about my symptoms.  My symptoms included Anxiety and depression.  The depression got Very bad due to high stress.  I joined with a pre existing medical condition, and I realize that I was overly excited and should have given it more thought.  At the time I felt I could handle it.  After I joined my symptoms got worse due to too much pressure and stress because they were undermanned.  As a result I was working 16 hours a day and getting up at 4 am daily.  I had no time to go to school which was the main reason that I joined.  I often had to come in on my days off to get certified in Navy Courses.  The high amount of stress caused my symptoms to get really bad which even led to suicidal thoughts.  The Long hours at sea also caused my anxiety to get very bad.  I did the best job that I could under my medical circumstances.  The Navy psychologist told me that I would receive an honorable discharge.  They ended up giving me a general under honorable conditions.  I’ve already been turned down from jobs because of this.  Many jobs have been asking for my DD 214 which says mental and psychical conditions was the reason for my discharge.  Due to the fact that I only served a short time and did the best job that I could can you please Consider giving me an upgrade to honorable.

Happy Holidays!
Thank You 
G_ J. J_ (Applicant)”

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

Applicant’s DD Form 214  (Member 1 and 4)
Ltr from H_ B. T_ , VR Counselor, Florida Department of Education, dtd December 15, 2005
Memorandum from W_ C. B_ Psy. D., LCDR (S), MSC, USNR, Clinical Psychologist,  Naval Hospital Corpus Christi, dtd January 28, 2005  (3 pages)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20030903 - 20040425	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20040426		Date of Discharge:  20050325

Length of Service (years, months, days):

	Active:    00  11  00  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  34

Years Contracted:  4 (12-month extension)

Education Level:  12+ (college)		AFQT:  32

Highest Rate:  CSSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.0 (1) 	Behavior:  3.0 (1)		OTA:  3.00 

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: 

050128:	Letter from Psychologist, Naval Hospital, Corps Christi to Commanding Officer, USS DEVASTATOR regarding Applicant’s Mental Health Evaluation.  
“1.  In compliance with Reference (a) and (b) CSSN L_ (Applicant) was originally evaluated on 28 Jan 05 by LT B_, per consultation request from HM1 M_.  During the initial evaluation CSSN L_ was assessed for a possible pre-existing mood disorder.  During the initial assessment CSSN L_ reported a long history of psychological difficulties.  He reports having been diagnosed with Depression and OCD in his early twenties.  He says that he was treated by psychiatrist and psychologist off an on for the past 10 years.  He has been on Zoloft and Anfranil and Prozac.  He says that was misdiagnosed with psychosis at age 21.  He says that he was treated with Navane and Haladol for a brief period of time.  He reports being depressed since age 17 following rejection by females and career disappointments.  His psychological difficulties, though only moderate mildly impairing, appears to have existed prior to service.  His difficulties are of such severity and chronicity that he is no longer amenable to treatment or fit for retention in the USN.
2.  CSSN L_’s mental status exam revealed that while fully oriented, with no signs of psychosis.  He does appear to be highly anxious and depressed.  He reports recent thoughts of suicide, overdose on OTC meds or jumping overboard.  CSSN L_ chronic difficulties as documented above, indicate that he is unsuitable for continued military service, as his pre-existing conditions by their very nature make him ongoing danger to himself and others.  He is thus no longer fit for arduous sea duty, nor retention in the USN.
3.  DSM-IV Diagnoses are as follows:
Axis	1:	300.4	Dysthymic Disorder
				300.3	Obsessive Compulsive Disorder
301.4	Obsessive Compulsive Personality Disorder
Axis	III:	Medical Conditions: None noted
Axis	IV:	Psychosocial stressors: Occupational, interpersonal and phase of life problems
Axis	V:	Global Assessment of Functioning: 70
4.  Conclusions: Based on his chronic pattern of maladjustment, his previous serious suicide attempt at age 26 and current suicidal thoughts he does appear to constitute an ongoing danger to himself and others.
Recommendations to the Commanding Officer: CSSN L_ is unsuitable for military service due to mental conditions that existed prior to service.  These symptoms make him inherently unstable and erratic and thus he represents a serious ongoing threat to himself and others if retained on active duty.  However, he is not considered to be mentally ill, (no medically boardable condition), but manifests a long-standing disorder of character and behavior which is of such severity as to render him unsuitable for continued military service in the U.S. Navy.  Short-term psychiatric treatment for this condition is of limited benefit, and long-term treatment is not available within the military medical system.  The member is deemed fit only for immediate processing for administrative separation, which should be initiated upon completion of any pending legal or judicial action and handled in compliance with NAVMILPERS MANUAL 1910-154, Entry Level Separation (as he had only been on active duty 5 months when his pre-existing conditions were discovered).  It is also recommended that the member be placed in a non-deployable status, not have access to any weapon or explosive device, not operate government vehicles, work with classified materials, nor be involved in fieldwork.

050225:	Evaluation Report and Counseling Record.  Date of report:  From 040823-050228.  Performance Traits:
33, Professional Knowledge:  3.0
34, Quality of Work:  3.0
35, Equal Opportunity:  3.0
36, Military Bearing:  3.0
37, Personal Accomplishment:  3.0
38, Teamwork:  3.0
39, Leadership: 3.0
40, Individual Trait Average:  3.0
43, Comments:  Evaluation submitted to establish CSSN L_’s eligibility for the E-4 advancement exam.

050301:	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.

050301:	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.

050301:	Commanding Officer, MCM CREW REAPER, directed the Applicant’s discharge with a character of service of general (under honorable conditions).  Block 25:  MILPERSMAN 1910-122, Block 26:  GFX, Block 27:  RE-4, Block 28:  Physical and or Mental Condition.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050325 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 available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but not equitable (B and C).  

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.

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