ex-OSSN, USN
ND07-00927

Current Discharge and Applicant’s Request

Application Received:  20070627 	Characterization Received:  
Narrative Reason:  PERSONALITY DISORDER 	Authority:  MILPERSMAN 1910-122

Applicant’s Request:	Characterization change to:  
			Narrative Reason change to: SKU
Applicant’s Issues:	1. Enhance employment opportunities
			2. Disliked/assaulted by LPO and expressed suicide ideation in order to get out of Navy
			3. Post-service conduct

Decision

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

Date:  20080103		Location:  Washington D.C	 Representation:  

Discussion

Issue 1:   either  which the Board cannot form the basis of relief for the Applicant, or  the Board does not have the authority to grant the relief for which the Applicant petitioned.  The Applicant is directed to the Addendum regarding .

Issue 2 ().  The Applicant claims that he grew depressed as a result of his inability to adapt to military life compounded by assaults upon him by his leading petty officer.  He implies that he did not have a personality disorder, and only made suicidal gestures in order to be discharged from the Navy.  The government is entitled to a presumption of regularity in the conduct of its affairs, and the Applicant offers no evidence to support his claim or rebut that presumption.  The record contains no indication that the Applicant ever complained of, or alleged being the victim of, misconduct on the part of his superiors.  The record does contain significant evidence indicating that the Applicant likely obtained his enlistment under fraudulent circumstances, and that he was diagnosed by competent medical authority on more than one occasion with having a personality disorder that existed prior to his service.  In the absence of the administrative separation documentation, the Board presumed that the Applicant was properly notified and provided the opportunity to elect his rights regarding proposed separation.  The Applicant’s DD 214 appears proper on its face in regards to the reason for his discharge and the characterization of service.  Therefore, the Board determined that no change was warranted.

Issue 3 ().The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  However, 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 the civilian life subsequent to leaving the service.  Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered.  The Applicant provided letters of recommendation from his employer as documentation of post-service accomplishments.  The Applicant's efforts need to be more encompassing than those provided.  For example, the Applicant could have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, evidence of drug free existence, and certification of non-involvement with civil authorities.  The Board determined that the documentation provided by the Applicant was not sufficient to warrant a change in the characterization of discharge.  

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that 

Summary of Service

Prior Service:
Inactive: USNR (DEP)	20000627 - 20001219  		Active:   	
Period of Service Under Review:
Date of Enlistment: 20001220		Years Contracted:  ; Extension:  		Date of Discharge:  20021001
Length of Service:  01  Yrs  09  Mths  12  Dys		Lost Time:  Days UA:    Days Confined:  
Education Level:  		Age at Enlistment:  		AFQT:  45	Highest Rank/Rate:  OSSN
Evaluation marks (# of occasions):	Performance:  3.5(2)	Behavior:  3.0(2)		 OTA:  3.34 
Awards and Decorations (per DD 214):  NDSM, AFEM, SSDR, GWOTEM

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

20011125:	Medical Record (Aboard USS ANTIETAM, deployed):  Reason for visit:  Suicidal ideation with suicide note and noose retrieved from work area.
	Diagnosis:  Suicide risk.
	Recommendation:  24 hour suicide watch.  Refer to Medical Officer asap.

20011129:	Medical Record (Aboard USS ANTIETAM, deployed):  Reason for visit:  Follow up on referral to Medical Officer.  Applicant met with ship’s CO, complained of problems in work center.  CO offered Applicant choice of referral or new work center, and couple of days to make choice.  
	Diagnosis:  Depressive disorder not elsewhere classified all – suicide gesture attempt.
	Recommendation:  Released from 24 hour watch; signed “contract for safety;” referral to Medical Officer on hold; work within Medical Department until reassigned elsewhere; follow up as needed.

20020103:	Referral from USS ANTIETAM to Fleet Mental Health Unit, Branch Medical Clinic, Naval Station, San Diego for Psychiatric consult upon ship’s return.

20020205:	Medical Record:  Reason for visit:  Suicidal threats to hang himself if required to complete enlistment.  Considered self-harm for “several years.”
	Diagnosis:  Axis I: Occupational problems progressed into Adjustment Disorder w/mixed Anxiety and Depressed Mood features.  Axis II: Avoidant Personality Disorder w/Borderline traits EPTE.  
	Recommendation:  Not currently suicidal; may meet conditions for Fraudulent Enlistment and Administrative Separation for pre-existing psychiatric illnesses; prior treatment records requested for separation or retention decision; Life Skills Group for social avoidance and coping skills.

20020212:	Participation in Life Skills Group.  Denied SI/HI.

20020219:	Participation in Life Skills Group.

20020416:	Medical Record:  Reason for visit:  Continues to entertain fleeting thoughts of harming himself.
	Diagnosis:  Avoidant Personality Disorder, Existed Prior to Service; Adjustment Disorder with Mixed Anxiety and Depressed Mood secondary to personality disorder.  (Pre-service mental health history not disclosed at entrance, “would likely have been disqualified from enlistment had this information been provided.”)
	Recommendation:  Expeditious administrative separation.

20020522:	Medical Record:  Reason for visit:  Referred for threat to kill Executive Officer.  
	Diagnosis:  Avoidant Personality Disorder, Existed Prior to Service; Adjustment Disorder with Mixed Anxiety and Depressed Mood secondary to personality disorder.  (Pre-service mental health history not disclosed at entrance, “would likely have been disqualified from enlistment had this information been provided.”)
	Recommendation:  Expeditious administrative separation.

20020927:	Medical Record:  Reason for visit:  Situational suicidality based on being made to go to sea.
	Diagnosis:  Personality Disorder NOS Avoidant/Borderline/Narcissistic traits
	Recommendation:  Expeditious administrative separation per MILPERSMAN 1910-122.

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:			NOT FOUND IN RECORD
	
Commanding Officer Recommendation (date):	NOT FOUND IN RECORD 
Separation Authority (date):	NOT FOUND IN RECORD
              Reason for discharge directed:	NOT FOUND IN RECORD
              Characterization directed:	NOT FOUND IN RECORD 
Date Applicant Discharged:	20021001

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 indicated on DD 293 that he submitted letters from Congressman.  None found in petition.

Pertinent Regulation/Law

A.  Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until 25 January 2004, 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 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