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Docket No. ND06-00566

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

FOR OFFICIAL USE ONLY

ex-SK3, USN
Docket No. ND06-00566

Applicant’s Request

The application for discharge review was received on 20060303.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  On the DD Form 293, the Applicant requested a personal appearance hearing.  Subsequent to the application, the Applicant requested 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 20070111.  After a thorough review of the 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 1910-122, Separation Code “JFX.”

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Equity:  “Spotless record.”

Documentation

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

Applicant’s DD Form 214  (Member 4)
Ltr from J_ H. F_, SKCS (SW), USN, dtd February 4, 2006
2 pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20011221 - 20020115	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20020116		Date of Discharge:  20050607

Length of Service (years, months, days):

	Active:    03  04  22  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  19

Years Contracted:  4 

Education Level:  12				AFQT:  71

Highest Rate:  SK3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.0 (1)	Behavior:  2.0 (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, Navy Good Conduct Medal, Global War On Terrorism 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: 

050427:	Medical evaluation by CDR M_ C. M_, MSC, USN, ship’s psychologist:  Applicant has a history of depression since her teen years.  Her first mental health contact in the military was after 7 months of duty.  She now has two psychiatric admissions.  The first was on 041029 after a suicide attempt by drug overdose.  More recently, on 050401, she was admitted to the ship’s medical ward while underway due to suicidal thoughts and being unable to contract for safety. 
	Diagnosis: AXIS I:  Dysthymic Disorder, AXIS II:  Borderline Personality Disorder
	Applicant deemed unsuitable for military service.  While she is not currently suicidal or homicidal, her history of recurring suicidal thoughts and one attempt  suggest an ongoing risk to harm herself.  She has demonstrated emotional ability and mood swings that result in her inability to fulfill her duties aboard the ship.  Her care has included medications outpatient therapy, partial-hospitalization, and psychiatric hospitalization.  She has refused psychotherapy and prefers to only seek help when in crisis.  This patient’s disorder is not responsive to conventional mental health treatment and is sufficiently severe to preclude further satisfactory military service.  The Applicant has declined routine counseling with the Ship’s Psychologist.  Recommendation:  Process for expeditious administrative separation.

050601:	Commanding Officer directed the Applicant's general (under honorable conditions) discharge by reason of personality disorder.

050601:	Commanding Officer reported directing the Applicant’s general (under honorable conditions) discharge by reason of convenience of the government personality disorder.  Commanding Officer’s comments:  “On 041029, SK3 E_ (Applicant) ingested 30 pills of Lexapro, 1-2 Vicodin, and a handful of Xenadrine in an attempt to kill herself.  She has repeatedly expressed suicidal thoughts and has manifested an inability to adapt to military life.  A recent psychiatric evaluation concluded that “although she is not currently suicidal or homicidal, her history of recurring suicidal thoughts and one attempt suggest an ongoing risk to harm herself,” enclosure (2).  Accordingly, I separated SK3 E_ for personality disorder with a discharge characterized as General (under honorable conditions).

Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050607 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 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) 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