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

FOR OFFICIAL USE ONLY

ex-SN, USN
Docket No. ND06-00428

Applicant’s Request

The application for discharge review was received on 20060125.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  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 20061130.  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 characterization of the discharge shall not change.  The discharge shall remain General (Under Honorable Conditions) 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 is inequitable as it was based on one incident in fifteen months of service.  The incident, which did result in NJP Actions being taken, were directly related to a medical (psychological) condition that was diagnosed while in the Navy.  In addition, in relation to the incident, I refred myself to the command DAPA and saught outpatient treatment with the SARP New London, CT.  I have attached supporting documentation that I not only took my recovery seriously; but, that I was successful.  After NJP was complete, I took it upon myself to take advantage of many military training courses (please see attached documentation) to make myself a better more versatile sailor.  I became a very proactive assistant to the naval submarine school’s command career counselors, assisting them in the everyday assistance of about 7,000 sailors in additions, while a student at Naval Submarine School, I placed in the top Quarters of my classes, always an on-point sailor during inspections until the psychological diagnosis leading to my discharge, I had intended on continued honorable service to the U. S. Navy for these reasons, I  believe that dispite my record of NJP, my discharge should be upgraded to Honorable.”

Documentation

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

Applicant’s DD Form 214  (Member 4)
Completion Ltr Notification from Commanding Officer, Naval School of Health Sciences, Portsmouth, dtd February 24, 2005
Completion Ltr Notification from Commanding Officer, Naval School of Health Sciences, Portsmouth, dtd February 24, 2005
Certificate of Completion for the course of Alcohol Misuse and Drug Use Prevention, Interpersonal Responsibilities, Health and Readiness, and Personal Finance, dtd May 25-27, 2004
Certificate of Completion for Nonresident Training Course, dtd February 9, 2005
Discharge Summary/Recommended Aftercare plan, completion date November 16, 2004
Administrative Remarks, dtd November 29, 2004
Certificate of Completion of JKDDC Antiterrorism, dtd February 4, 2005
Certificate of Completion of ATFP Level I Awareness Training for Service Members (CONUS), dtd February 9, 2005
Certificate of Completion of Financial Management: Fundamental Accounting Concepts, dtd February 9, 2005
Certificate of Completion for Nonresident Training Courses, dtd February 9, 2005
Medical Evaluation from the Mental Health Department Naval Ambulatory Care Center, Groton, CT, dtd November 23, 2004

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20031210 - 20040106	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20040107		Date of Discharge:  200050324

Length of Service (years, months, days):

	Active:    01  02  18  (Does not exclude lost time.)
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  19 days
	Confinement:		  None

Age at Entry:  23

Years Contracted:  4 (12-month extension)

Education Level:  12+(College)		AFQT:  75

Highest Rate:  SN

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):

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

Chronological Listing of Significant Service Events: 

040702:	Applicant to unauthorized absence at 0730 on 040702.

040721:	Applicant from unauthorized absence at 1600 on 040721 (19 days/surrendered).

040901:	NJP for violation of UCMJ, Article 86:
Specification:  Absence without leave.
	Award:  Forfeiture of $703.00 per month for 1 month, restriction and extra duty for 40 days.  No indication of appeal in the record.

040901:	Retention Warning:  Advised of deficiency (Violation of UCMJ Article 86 – Absence from unit, organization, or place of duty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

040916:	Mental Health Consult:  Reason for consult:  24 year old male active duty USN with professed history of bipolar disorder EPTE with rx of Zoloft.  This disclosed during SARP interview.
	Reports history of “suicide attempt” by consuming large amount of ETOH.  No further history of suicide.  Denies current SI.  History also significant for ETOH abuse and current restriction for being UA.  Please evaluate and treat as indicated, as well as determine fitness for Submarine and Surface duty.  

041018:	Submarine School, Groton, New London, by J_ H. W_, Ph. D., Supervising Clinical Psychologist:
(S): “I have always had an adventurous spirit and zest for life… since joining the navy I have become depressed mentally...  experiencing feelings that I had before never experienced for an extended period of time while at the same time I have been struggling with family issues (sickness and economics)...I am trying to adjust to a lifestyle where I feel I do not fit in I having been putting up a façade that everything was ‘okay” which created immense frustration and feelings of being lost....this cumulated by me drinking intensively and by me being UA for 19 days now I find myself in restriction where I feel lam no longer living life but just existing.  “This 24y/o, single, male was seen on referral from military medicine after he reported that he made as suicide attempt while UA by ingesting an undetermined amount of alcohol.  He reports that he has had a hard time coping with military life in general.  His medical record was reviewed.
(0): Mental status examination reveals a well groomed, articulate, and sophisticated 24year old, male in acute distress.  He is dressed in the uniform of the day.  The patient was alert and oriented and attentive to the interview.  He speaks in a slow, deliberate style with a clear voice and has good eye contact.  Thought processes are logical and linear.  There is no evidence of disturbances in thought content.  Mood is markedly anxious with congruent affect.  He denies suicidal thoughts.  He reports continuous and sometimes overwhelming frustration and second-guesses his decision to enlist.  His MMPI-2 test results were essentially within normal parameters.  His interest levels are more artistic and college oriented than the average enlisted navy person.
(A): 	Axis I: Adjustment Disorder with anxious mood
Axis II: RIO Personality Disorder
(P): Member is not considered a suicide risk at this time.  He is being assessed at SARP for the alcohol incident.  He is not drinking at this time and does not appear to be dependent on alcohol.  He will be seen for a second evaluative session to assess his suitability for continued naval service.  The above plan was discussed with the patient, who stated his understanding and agreement.

041021:	Intake Medical Screening:  S: Patient has been referred tome from DAPAISARP program.  The purpose of this evaluation is to medically clear the individual for treatment in the SARP program at Naval Submarine Base New London in accordance with BUMEDINST 5353.4A.  Patient has already been evaluated by a clinical psychologist and diagnosed with a substance abuse disorder and been recommended for outpatient therapy in the SARP program.  Pt reports that he was diagnosed with an alcohol abuse disorder.
Pt is a 24 year old wm active duty SN in U.S.  Navy Pt reports that he is in good health overall.  Pt feels that he can complete SARP program.  Pt notes one medical problem today – a skin rash he reports that his girlfriend was recently diagnosed with scabies and he suspects that he has the same condition.
ADDITIONAL COMMENTS:  
O: WDWN wm in NAD, A&O x 3, vital signs noted above, cooperative and conversant, speech fluent and appropriate, mood and affect appropriate, pt appears to be well nourished.
A/P:	1.  Alcohol Abuse Disorder.  2.  Skin Disorder, suspect scabies.      - Patient is NOT medically clear to participate in the SARP program at this time.
- Pt will be following up at NACC Groton for evaluation of skin disorder today.
- Follow up with me in one week for re-evaluation.  If skin condition treated and resolving and no longer infectious will clear at that time for SARP program.
- Advised to quit smoking.
- A copy of this evaluation has been sent to the SARP program.

041123:	Mental Health Department Naval Ambulatory Care Center Groton, CT:  J_ H. W_, Ph. D., Supervising Clinical Psychologist Note:  (S): Following is this patient’s initial presentation on 041018: “I have always had an adventurous spirit and zest for life..., since joining the navy I have become depressed mentally.., experiencing feelings that I had before never experienced for an extended period of time while at the same time I have been struggling with family issues (sickness and economics)..  I am trying to adjust to a lifestyle where I feel I do not fit in....  I having been putting up a facade that everything was ‘okay” which created immense frustration and feelings of being lost..., this cumulated by me drinking intensively and by me being UA for 19 days....  now I find myself in restriction where I feel I am no longer living live but just existing.  “This 24 y/o single male was seen on referral from military medicine after he reported that he made as suicide attempt while UA by ingesting an undetermined amount of alcohol.  He reports that he has had a hard time coping with military life in general.  His medical record was reviewed.”  He was seen this date for a follow-up and further evaluation regarding his suitability for continued naval service.  He recently completed his SARP treatment.
(0): Mental status examination reveals a well groomed, articulate, and sophisticated 24year old, male in acute distress He is dressed in the uniform of the day The patient was alert and oriented and attentive to the interview He speaks in a slow, deliberate style with a clear voice and has good eye contact Thought processes are logical and linear There is no evidence of disturbances in thought content Mood is markedly anxious with congruent affect He reports that he continues to feel depressed and hopeless about his life and that at times he is concerned about his safety.  He admits to intermittent suicidal thoughts but denies intent at the present time.  He continues to report overwhelming frustration and second-guesses his decision to enlist.  Although his complaints are more about feeling miserable than truly clinical manifestations of severe depression, given his impulsivity in the past he is a risk for self-harm in my opinion should he continue to feel as he does.
(A)	Axis I Adjustment Disorder with anxious mood, alcohol abuse Axis II Personality Disorder, NOS with dependent and borderline features
(P)	Member is considered unsuitable for further military duty in my opinion due to a longstanding and severe personality disorder.  Should he remain on active duty, he is at risk for suicidal behavior.  I strongly recommend that his command consider him for expeditious administrative separation at the convenience of the government.  The above plan was discussed with the patient, who stated his understanding and agreement.  He will be seen for follow-up here in this clinic.  A pain assessment and learning and value skills assessment was conducted.

050324:	DD Form 214: Applicant discharged with a General (Under Honorable Conditions) by reason of personality disorder.

 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 20050324 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, 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 his discharge is inequitable because it was based on one incident in fifteen months of service.  When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  A general discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record.  The Applicant’s service was marred by one retention warning, one nonjudicial punishment proceeding for violations of Article 86 (unauthorized leave) of the UCMJ.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder.  The Applicant was diagnosed with a personality disorder by a competent medical authority on 20041018.  The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative 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.  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.

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 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