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Docket No. ND06-00809

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

FOR OFFICIAL USE ONLY

ex-SR, USNR
Docket No. ND06-00809

Applicant’s Request

The application for discharge review was received on 20060509.  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 20070308.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board determined that the discharge was improper and inequitable.  The Board’s vote was unanimous that the discharge shall change to:  HONORABLE/CONDITION, NOT A DISABILITY, authority: MILPERSMAN 1910-120, Separation Code “JFV.”

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

	Propriety: No basis for discharge.

Documentation

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

Applicant’s Statement dtd April 5, 2006
Applicant’s DD Form 214 (Service 2)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19930818 – 19930824	COG

Period of Service Under Review:

Date of Enlistment:  19930825		Date of Discharge:  19940120

Length of Service (years, months, days):

	Active:    00  04  26
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  19

Years Contracted:  8

Education Level:  12				AFQT:  32

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.6 (1)		Behavior:  3.6 (1)		OTA:  3.60

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 3620200.

Chronological Listing of Significant Service Events: 

930825:	Commenced active duty for a period of 2 years.

940103:	Medical evaluation at Fleet Mental Health by J. M. K_, PsyD, Staff Psychologist.
	Reason for request:  Please evaluation this 19 year with 4 months continuous active duty that reported on board 931228 and complains of claustrophobia like symptoms.  He states he can not “sleep in my rack because I feel the walls are closing in on me”.  Symptoms persist throughout the day but are strongest at night when he attempts to sleep in his rack.  Ship underway next week and then deploys 940121.
	Provisional Diagnosis: Claustrophobia vs acute adjustment disorder.
	Consultation Report:
AXIS I: Simple phobia.
		AXIS II: Avoidant traits.
		AXIS III:  No diagnosis.
	Recommendation: This patient suffers form simple phobia (claustrophobia) which is of sufficient severity to render this individual incapable of serving adequately in the Navy.  The member is deemed fit to return to duty for immediate processing for entry level separation.

940129:	Applicant notified of intended recommendation for discharge with an honorable by reason of entry level separation for convenience of the government due to personality disorder.  Applicant informed the least favorable characterization of service is general (under honorable conditions).

940120:	Commanding Officer directed discharge with a general (under honorable conditions) by reason of entry level separation for convenience of the government due to personality disorder.

Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19940120 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a 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 improper and inequitable (B and C).  

By regulation, a discharge shall be deemed proper, unless it is determined that an error of fact, law, procedure, or discretion has substantially prejudiced the rights of the Applicant.  The Board found two errors in the Applicant’s case.

First, the Applicant was separated with a characterization of service as General (Under Honorable Conditions).  Regulations state that members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service.  Unless there were unusual circumstances regarding the member’s performance or conduct that would merit another characterization, an uncharacterized discharge is generally considered the most appropriate characterization.  Because the Applicant was notified within the first 180 days and there were no unusual circumstances, the command erred in assigning a general characterization.  The Board determined that this error was prejudicial to the rights of the Applicant since no misconduct was found in the Applicant’s service record.

Second, the Applicant was discharged by reason of convenience of the government due to a personality disorder.  However, the evidence of record does not support this basis for separation.  In fact, on 19940103, competent medical authority diagnosed the Applicant with simple phobia (claustrophobia) and avoidant traits.  And on this basis, the medical authority recommended processing for entry level separation.  Here, the Board concluded that the command erred when on 19940119, the Commanding Officer, USS FREDERICK, notified the Applicant of intent to recommend separation due to personality disorder.  The Board determined that this error was prejudicial to the rights of the Applicant because the appropriate basis for separation should have been convenience of the government due to a condition, not a disability.

Based upon the above review, the Board unanimously concluded that the Applicant’s discharge processing was not in compliance with applicable statutes, rules, and regulations.  The discharge should be Honorable by reason of Convenience of the Government due to a Condition, not a disability.  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.  The Applicant can provide documentation to support post-service accomplishments or any other evidence related to the discharge at that time.  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 5, effective 
05 Mar 1993 until 21 Jul 1994, 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.

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