Title: DEPARTMENT OF THE NAVY
Author: CAP
Last saved by: janet.goode
Company: NCPB

Docket No. ND07-00613

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

, ex-MMFN, USN
ND07-00613

Current Discharge and Applicant’s Request

Application Received:  20070405 	Characterization Received:  
Narrative Reason:  OTHER PHYSICAL/MENTAL CONDITIONS - PERSONALITY DISORDER
Authority:  MILPERSMAN 3620200

Applicant’s Request:	Characterization change to:  
			Narrative Reason change to: 

Applicant’s Issues:	1.  Misdiagnosis of medical condition
			2.  Unfair decision on discharge type 

Decision

By a vote of  the Characterization shall  .
By a vote of  the Narrative Reason shall – PERSONALITY DISORDER

Date:  20080206   	Location:  Washington D.C

Representation:  

Discussion

Issue 1 ().  The Applicant’s representative from the Spartanburg County Veterans Affairs Office, argues that Applicant’s discharge should be upgraded because his medical condition was misdiagnosed.  The Applicant was diagnosed with "Personality Disorder with borderline features" by competent medical authority at the Mental Health Clinic, Naval Hospital, Portsmouth, VA, and was recommended for expeditious administrative separation from the Navy.  Upon separation from the Navy, the Applicant states that the Veteran’s Administration gave him a disability rating for irritable bowel syndrome.  This unfortunately, does not negate the basis for his discharge in 1993.  Thus, the Board finds that the Reason for Discharge reflects the Applicant's mental health status at the time of his discharge, administrative separation procedures were followed and discharge was proper and equitable at the time of issuance.  "Personality Disorder" is an accurate narrative description of the reason for the Applicant's discharge.  

Issue 2 ().  The Applicant’s representative also contends that his discharge type is unfair.  Pursuant to MILPERSMAN 1910-122, if a member is separated for personality disorder the characterization of separation is honorable unless an Entry Level Separation or General is warranted.  The record reflects that the Applicant had no documented misconduct and one retention warning after being diagnosed as alcohol dependent.  His overall trait average for this enlistment is 3.27.  After a thorough review of the records, supporting documents, facts, testimony of the Applicant and circumstances unique to this case, NDRB discerned no impropriety in the discharge action but did discern an inequity in the characterization of the Applicant’s service.  The Board’s vote was 5-0 that the character of the discharge shall change, but by unanimous vote, the narrative reason for discharge shall not change.  The characterization of discharge shall change to honorable.

Summary of Service

Prior Service:
Inactive: USNR (DEP)	19880624 - 19890612  		 (DEP)	19890616 - 19891031  
Period of Service Under Review:
Date of Enlistment: 19891101	Years Contracted:  		Date of Discharge:  19930511
Length of Service:  03  Yrs  06  Mths  11  Dys	Lost Time:  Days UA:    Days Confined:  
Education Level:  	Age at Enlistment:  	AFQT:  42	Highest Rank/Rate:  MMFN
Evaluation marks (# of occasions):	Performance:  3.3(3)	Behavior:  3.3(3)	 OTA:  3.27 
Awards and Decorations (per DD 214):  CAR, NUC, SWATSM with/2 Bronze Stars, NDSM, SSDR, BER, KLM

Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

19901020	 Medical Record. Reason for visit – 21 y/o co of upset stomach 3x a wk for last couple of months. Hx of diarrhea worsened during boot camp. A/P nl exam, r/o anemia

19901024	Medical Record. Reason for visit- F/U Gastroenteritis. Pt denies any further symptoms since 19901023.   

19910308	Medical Record: Reason for visit – Freq c/o diarrhea. A/P: Suspect IBS re to hx; doubt serious pathology due to long period of problem.

19910412	Medical Record:  Reason for visit - Return of diarrhea episodes similar to those noted on s/c visit  8 Mar 91.  Pt reports 2-3 days of no BM then a day of multiple episodes of diarrhea that interfere w/ wk. A/P  Possible Irritable Bowel Syn. No wt loss, gained 20lbs since enlistment. Refer to GI Clinic

19920428	Medical Record:  Reason for visit.  Pt made superficial cut on left wrist- states that he’s reacting to job stress and poor work conditions.  Pt rpt previous suicidal gesture at age 17 (scratched wrist).  Imp: Suicidal gesture resolved, pt embarrassed. 2) Situational depression- mild; no need for immediate Psy referral
 3) Routine Psych referral

19920429	Medical Record.  Reason for visit.  Psychiatry Consult:  Axis 1- Alcohol Dep, Axis II- Avoidant traits, Axis III- s/p laceration of L wrist. Strongly recommend ACCA referral for Level III Alcohol treatment, DAPA eval, transfer to another division w/n dept; continue chaplain support; no need for psych f/u at this time. 

19920518:	Retention Warning for being identified as alcohol dependent by ship’s DAPA or CAAC counselor.

19920904	Medical Record: Treatment summary. Referring CAAC, Naval Station, Norfolk. Dx: Alcohol dependent by a medical officer and referred to ARC for rehab treatment.  Disp: Patient has successfully completed Level III treatment. 

19930409:	Medical Record:  Reason for visit:  Depression with suicidal ideation.  Evaluation for anti-depressant RX.
	Diagnosis:  Alcohol dependence, in partial remission.  Occupational problem.
	Personality disorder, not otherwise specified, with avoidant and self-defeating traits
	Recommendation:  Routine administrative separation for unsuitability in accordance with NAVMILPERSMAN 3620225.

19930428:	Medical Record:  Intern discharge Note: Date of admission 19930423. Reason for visit:  “I keep thinking about hurting myself."  This is first admission and the 3^rd Psy evaluation.  Pt presents w/ worsening of suicidal ideation and depression-thoughts of jumping off ship.  Discharge instructions:  Although not imminently suicidal or homicidal he is a continuing risk to do harm to self or others, expeditious admin sep processing is strongly recommended under NAVPERSMAN 3620225 Dx: Axis 1: None; Axis 2: Histrionic Personality Disorder, Immaturity.
	Recommendation:  Return to full duty, medically and psychiatrically fit for same, but not suitable for further retention.  Advise expeditious admin processing.  Continuing risk to do harm to himself or others.

Discharge Process

Date Notified:					NOT FOUND IN RECORD
Reason for Discharge:	
Least Favorable Characterization:	

Date Applicant Responded to Notification:		NOT FOUND IN RECORD
Rights Elected at Notification:
	Consult with Counsel			
	Obtain Copies of Documents		
	Submit Statement(s) (date)			
	Administrative Board			
	GCMCA review				

Administrative Board Date, if any:	NOT FOUND IN RECORD

Commanding Officer Recommendation (date):	
Separation Authority (date):	NOT FOUND IN RECORD
              Reason for discharge directed:	
              Characterization directed:	
Date Applicant Discharged:	19930511

Types of Documents Submitted by Applicant and Considered By Board

Related to Military Service:	Service and/or Medical Record:  		Other Records:  

Related to Post-Service Period:  	
	Employment:  			Finances:  			Education: 		
	Health/Medical Records:  		Substance Abuse:			Criminal Records:  	
	Family/Personal Status: 		Community Service:  		References:  		
	
Additional Statements From Applicant:  	From Representative:    
Other Documentation (Describe) 

Applicant Testified:  
Applicant Available for Questions:  
Witnesses:        
Observers:        

Pertinent Regulation/Law

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 5 March 1993 until 21 July 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 II, Para 211, Regularity of Government Affairs, Part V, Para 502, Propriety and Para 503, Equity. 

ADDENDUM:  Information for the Applicant

Complaint Procedures:  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 to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC  20301-4000.  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.”

Additional Reviews:  Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits:  The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment/Educational Opportunities:  The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.  

Reenlistment/RE-code:  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.  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.

Medical Conditions and Misconduct:  DoD disability regulations do not preclude a disciplinary separation.  Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons.  Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended.  The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record.  Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.”  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  

Automatic Upgrades - There is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  

Issues Concerning Bad-Conduct Discharges (BCD) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief.  With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency.  Clemency is an act of leniency that reduces the severity of the punishment imposed.  

Board Membership:  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