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NAVY | DRB | 1999_Navy | ND99-01134
Original file (ND99-01134.rtf) Auto-classification: Denied


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

ex-MS3, USN
Docket No. ND99-01134

Applicant’s Request
The application for discharge review, received 990824, requested that the reason for the discharge be changed to Convenience of Govt. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000427. 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: “NAVMILPERSMAN, Article 3620200” vice “MILPERSMAN 3620225”. The original DD Form 214 should be corrected or reissued as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I would like to ask that the narrative reason for separation be removed as it reads other physical mental conditions - Personality disorder. That narrative reason is unjust and untrue.

2. I had a problem with Phillipinos such as they put me in a chair and they shaved all of my hair completely off due to the fact that they did not like the style and made all kinds of remarks.

3. After the incident happened with the hair I asked the Captains Mass and they advised me if I went to the Captain I would have problems. I then wrote a letter to the NIS and they investigated the case and the people involved had to go to a NR class. That was their only punishment.

4. I was then sent to a psychiatrist in which was Phillipino. I was then discharged from the Navy. I was not finished with my complete hitch of service in which I re-enlisted in 1992 for a total of 5 years in which would have made me get out in 1997.

5. I have also served a previous enlistment period of 4 years and 14 days. That period of service was also with the U.S. Navy. As you can see I was awarded several ribbons, and badges for my conduct with the U.S. Navy.

6. I was planning on making a career with the U.S. Navy. I feel that what was done to me was unfair and feel that I do not deserve the narrative reason that I was given on my final discharge. I do not feel that I have any mental conditions nor any personality disorder.

7. I would appreciate any time & consideration you can give me in regards to my request. Thank you for your consideration as pertaining to my request to have the narrative reason changed.

Please contact me as soon as possible as pertaining to this matter.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        880714 - 920727  HON
         Inactive: USNR (DEP)     880227 - 880715  COG

 Period of Service Under Review :
Date of Enlistment: 920728               Date of Discharge: 931008

 Length of Service (years, months, days):

         Active: 01 02 11
         Inactive: None

 Age at Entry: 22                          Years Contracted: 5

 Education Level: 12                        AFQT: 42

 Highest Rate: MS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.70 (2)    Behavior: 3.60 (2)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: NER, GCM, NDSM, SASM with Bronze Star, SSDR (3), CGMUC, CGSOR

 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 :


921110:  Medical Department USS DIXON: A/P: 1) Suicidal gesture, 2) low suicide risk, 3) Observe on ward tonight, 4) Refer to chaplain and Dr W_ in AM for further discussion, 5) Possible legal involvement - pt has letter from sister detailing father's abusiveness - consider pursuing action to remove daughter from his custody.

921111:  Medical Department USS DIXON: S/P: suicidal gesture last evening at 0025. Pt made several minor cuts on right forearm with glass.A: S/P suicidal gesture due to family problems, low suicide risk. P: Pt to remain on board ship today. - MAA onboard and will hold her ID. F/U in AM for further eval and possible psychiatric evaluation. (Pt is presently against seeing psychiatrist. She relays that she has a "phobia" about psychiatrist ever since she saw a child psychiatrist as a child arranged by her mother.) Pt discussed case with chaplain. Recommended PT to discuss case further with chaplain about single parenting and family advocacy and possible legal involvement to regain custody of child.

921114:  Neuropsychologist evaluation: Diagnostic Impression: 1) R/O ETOH abuse, 2) Mixed personality disorder, traits, with borderline and hysteronic features, R/O disorder. Recommendations: 1) Pt advised to return to ship today with completed consult. 2) At the ship's earliest convenience, recommend that this consent be gone over with you and the patient. 3) In strongest possible terms, recommend that your command legal department write a letter to child protective services and all appropriate social agencies where this member's daughter is. 4) Upon the ship's return to San Diego, January 1993, she should be referred to Balboa Psychiatry and Internal Medicine for their more definitive work-ups. 5) She agrees not to attempt any self-harm until she can be seen at Balboa. If such thoughts occur she agrees to go to medical and have them refer her emergently back to me. 6) I have told her that further suicidal gestures will result in her being referred back medically to CONUS for inpatient treatment. 7) Above discussed with pt, she concurs.

930721:  REU/MHU: Please refer to previous write-up by P.O. S_ for history or presenting problem as well as background information.
         Of note is patient's self-mutilating behavior on two separate overseas deployments (Feb, 1989 - while in Adak; November, 1992 - while stationed in the Persian Gulf.) This patient was recommended for follow-up psychiatric treatment after returning from Bahrein. She never followed through with supportive counseling services. Presently, she reported that "everything if fine" and she doesn't feel she needs counseling services.
 Pt endorses Borderline Personality Disorder features. These include: 1) a pattern of unstable interpersonal relationships; 2) impulsive behavior which includes a history of alcohol and drug use; 3) affective instability; 4) inappropriate angry outbursts; 5) self-mutilating behavior including patient appeared for interview with a nose-ring (two times cutting of her wrists) 6/marked identity disturbance.
MSE above noted. This patient does not believe she could benefit from supportive counseling services.
930722:  MO Note: Discussed with Dr. C_. Dr.C_ relays that he will stand firm with his decision and that a reevaluation with PT is not warranted. He relays that he is standing by his Borderline disorder (severe) diagnosis. He also relayed that borderline personality disorder is a long term disorder and not ammenable to treatment in the US Navy. He relays that although PT may appear to be functioning well presently, she is ________ at risk of having another emotional explosion and may attempt either sui/hom situation. He understands that PT may have difficulty financially is admin sep but in the long run it would be in the best interest to the PT and the Navy if she is admin sep.
930802:  Medical officer statement: Applicant diagnosed with Axis I: alcohol abuse, in remission, Axis II: personality disorder, NOS, with dependent, histrionic and narcissistic features, severe. The psychiatrist recommended separation based on a personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service. Applicant was considered self-destructive and a continuing risk of harm to self or others.

930819:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service as evidenced by Standard Form 600, Chronological Record of Medical Care, of 21 July 1993 and Standard For 513, Consultation Sheet, of 27 July 1993.
930823:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to submit a statement.
930825:  Applicant's written statement is quoted verbatim as follows: To whom it may concern: I'm writing on behalf of my recent evaluation to be discharged from the military.
         As you will be reading in the documents that are attached I have been diagnosed with a personality disorder. I have spent the past five years of my life working hard as a MS giving good customer service, receiving good evaluations and my first good conduct when I reenlisted just one year ago.
 I am being forced out of the military now against my will and I'm writing to ask that my retention in the Navy be granted by you.
Each psychologist I talked to was military and told me they wouldn't go against the other. One in particular said, "If I was your line officer I would let you stay in but I can't go against my fellow DR's". I've never been in any trouble the whole five years in and if necessary I will get treatment every week just so I can stay in. I'm a single parent.
What I did nine months ago was stupid but when it occurred the psychologist found me fit for duty and sent me back. Nothing was done then and he told me that if I didn't do it again I could stay. The only reason this was brought up was because I got orders to Okinawa, Japan. During the overseas screening was when they decided to kick me out. I have a seven page complaint against the division which I have copies of if you would like to review them.
Basically this has happened to six people in the past seven months in our division alone.
Our chain of command by the way they talk to us and treat us brings everyones morale down. USS DIXON S-2 division has the lowest retention in the Navy. So many MS's has wanted to come forth with verbal harrassment and sexual harrassment charges but were intimidated when they were told or threatened that they are the ones that write our evals and determine our future in the Navy so everyone is scared to say anything. One time they (my chain of command) said I had a fadish hair cut and then they took me to the barber shop and shaved it all off illegally.
I want to stay in the Navy more than anything. The division pushed me among others into emotional distress. I'm much stronger now and guarantee no further incidents will occur.
If you would like to see my whole write up on everything illegally they have done I will be more than happy to fax it to you. Thank you very much, (applicant) MS3, USN.
930826:  Commanding officer recommended discharge general (under honorable conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service. Commanding officer’s comments (verbatim): An investigation is in progress concerning SNM's allegations and appropriate administrative/ disciplinary actions will be taken based on results. MS3 (applicant) has been diagnosed as suffering from a severe personality disorder that renders further service harmful to her mental health. Based on her above average work performance, I had a second psychological evaluation ordered to ensure that the diagnosis was accurate. The second psychologist conducted a separate evaluation and also concluded that MS3 (applicant) suffered from a severe personality disorder that warranted immediate separation. I recognize MS3 (applicant's) solid contribution to DIXON. However, I concur with the mental health professionals and recommend expeditious processing.

930831:  Medical entry: S/P: Rape ______ ER XO notified. Pt returned to NAVHOSP ER for more ______ ______.

930901:  Medical entry: S/P Rape yesterday. Pt examined by sexual assault response team at _____ Cibrillo hospital. Pt found to have lacerations on her ____ and cervix. Pt place on post control pill, _______. Dexil assault response team ______ recommend _____ ___ leave. I concur. Pt also with contusion to left shoulder....

930924:  BUPERS directed the applicant's discharge honorable by reason of convenience of the government on the basis of a personality disorder in accordance with NAVMILPERSMAN, Article 3620200.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 931008 honorable for convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service. (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 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 a medically diagnosed 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.

The applicant provided no documentation to support her issues (1-7). The NDRB discerned no improprieties or inequities in her discharge. Relief is 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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