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NAVY | DRB | 1999_Navy | ND99-00480
Original file (ND99-00480.rtf) Auto-classification: Denied


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

ex-FC3, USN
Docket No. ND99-00480

Applicant’s Request
The application for discharge review, received 990222, requested that the reason for the discharge be deleted. 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 991213. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: HONORABLE/ PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority, should read: “3620200” vice “3620225”. The original DD Form 214 should be corrected or reissued as appropriate.







PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I WAS DISCHARGED, ACCORDING TO BLOCK 28 NOV 88 DD-214 FORM, FOR PERSONALITY DISORDER. I HAVE NO PERSONALITY DISORDER. I WOULD GET VERTIGO WHEN ABOARD SHIP. I WAS EVALUATED BY PHYCHIACTRIC STAFF AT LONG BEACH NAVAL SHIP YARD AND FOUND TO HAVE NO MENTAL DISORDERS AND ASSIGNED BACK TO SHIP DUTY. I STILL HAD VERTIGO SO I WAS DISCHARGED. PLEASE CHANGE THE REASON FOR DISCHARGE.

 Documentation
Only the service record and medical record was considered since the applicant did not provide additional documentation.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     900228 - 940721  COG

 Period of Service Under Review :
Date of Enlistment: 900604               Date of Discharge: 940721

 Length of Service (years, months, days):

         Active: 04 01 18
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 69

 Highest Rate: FC3 (E-4)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.8 (3)     Behavior: 3.85 (4)                OTA: 3.8

 Military Decorations: None

 Unit/Campaign/Service Awards: BER(2), SSDR, AFEM, SWASM(w/Bronze Star), NDSM, GCM, JMUCM

 Days of Unauthorized Absence: None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :
940502:  Medical Eval: Complains of frontal lightheadedness and dizziness.
         Diagnosis: Migraine ........
         Plan: Follow up with neurology.

940616:  Naval Medical Clinic, Audiology Dept: Pt complaints of history of intermittent/episode vertigo.
         Impression: Normal ENG Study.

940711:  Psychology Div, NavMedClinic, NS, Long Beach: Pt had an episode of vomiting which led him to the VACM emergency room on 4 July. Was at ER for 5 hrs, discharged to his ship which was due to change homeport on 5 July to San Diego. Pt reported to his ship had a bout of dizziness three days later, which led to him falling while going thru the hatch - he was going to the head to vomit. He returned to post that day and was removed from the ship and referred back here with the question of suitability for further service .
         Diagnosis: AXIS I: 316.00 - Psychological factors affecting physical
condition.
                  AXIS II: 301.60 - Dependent Personality Disorder, manifest
         Physical symptoms which interfere with
performance of duty.
         AXIS III: Headaches & Dizziness
Plan/Recommendations: 1 - Fit for full duty, 2 - Not suitable for full duty, 3 - Return to clinic for follow-up (Pt return as necessary), 4 - It is highly recommended that command consider Administrative Separation IAW MILPERSMAN 3620200 due to the severity of his Dependent personality Disorder, 5 - He is considered to be at risk of harming himself accidentally, therefore, it is suggested that expeditious processing be considered. If routine processing is preferred, suggest pt be removed from the ship while awaiting processing.

940718:  Branch Medical Clinic, San Diego, CA (Separation Physical) made reference to "history of chronic headaches and vertigo.

940721:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder as evidenced by psychiatric evaluation on 11 July 94.

940721:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to submit statement and the right to obtain copies of the documents used to support the basis for the separation. Applicant did not object to the separation.
940815:  Commanding officer advised BUPERS that the applicant's discharge was directed with an Honorable by reason of convenience of the government on the basis of a diagnosed personality disorder as evidenced by psychiatric evaluation dated 11 July 1994 and applicant was discharged on 21 July 1994.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940721 with an honorable for convenience of the government on the basis of a diagnosed personality disorder. (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

 The applicant’s issue is that he was discharged for a vertigo problem when in fact he was discharged for personality disorder that was diagnosed on 940711. The NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents that personality disorder was the reason the applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason Separation would be inappropriate. Relief not warranted.

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. Naval Military Personnel Manual, (NAVPERS 15560C, Change 5, effective 930305 - 940721), Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT ON THE BASIS OF PERSONALITY DISORDER.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

E. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  Washington Navy Yard
                  720 Kennon St SE Rm 309
                  Washington, D.C. 20374-5023     


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