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NAVY | DRB | 2000_Navy | ND00-00339
Original file (ND00-00339.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND00-00339

Applicant’s Request
The application for discharge review, received 000118, requested that the reason for the discharge be removed. The applicant requested a documentary record discharge review. The applicant designated the Disabled American Veterans Organization as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000824. 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 reason for the discharge shall not change. The discharge shall remain: HONORABLE/ PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620225.

The NDRB did note an administrative error on the original DD Form 214. Block 12c, Net Active Service This Period, should read: “00 07 13” vice “00 08 13”. The original DD Form 214 should be corrected or reissued as appropriate.







PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. My discharge was inequitable because it was based on one deficiency incident in 8 months 13 days of service with no other adverse action.

Submitted by DAV:

After a review of the Former Members (FSM) DD Form 293 application for Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, it is found that Mr. Jones requests a change of the reason code on his Honorable discharge, requesting the narrative reason for separation of personality disorder be removed.

In light of the evidence as described by the FSM we request Clemency be used and that a favorable determination be allowed, and the narrative reason either be removed or changed to read, for the convenience of the government.

We ask for the boards careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Inpatient Psychiatry Discharge Summary dtd 3/18/97
Handwritten DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     960814 - 960821  COG
                  ANG              900726 - 930725  HON

 Period of Service Under Review :
Date of Enlistment: 960822               Date of Discharge: 970404

 Length of Service (years, months, days):

         Active: 00 07 13
         Inactive: None

 Age at Entry: 30                          Years Contracted: 4

Education Level: 12                        AFQT: 35

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620225.

 Chronological Listing of Significant Service Events :

960823:  Retention Warning: Advised of deficiency (despite fraudulent induction as evidenced by failure to disclose required basic enlistment eligibility information - prior service not documented 7/25/90 - 7/25/93), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
970311:  Admitted to Naval Medical Center, San Diego, Psychiatry Dept: 30 year-old singe, Caucasian male with 6 months continuous active duty. Chief Complaint "I've been feeling depressed and I've been thinking about a lot and trying to adapt is hard."
Background: Pt was born and raised on the Waco Compound in Waco, TX to an intact family. He is the 8 th of 12 children and describes his childhood as "strict". He was raised as a 7 th Day Adventist (a Branch Dividian) and reported that, as children and young adults, they "were never allowed to play sports, eat meat, and were mandated to worship every night." He denies abuse of any kind. He denies experiencing academic problems as a child, he claims that he "never really liked school". As he got older (late teens/early twenties), he reports that he became more involved with the Branch Dividian Church. He had many interactions with D_ K_ and, in fact, reported that D_ K_ married his sister when she was 14 years old. When the Pt was 17 years old, he moved to Israel (with 6-7 other Branch Dividian Church officials). He ended up living in Israel for about 2 years, and as a result became fluent in speaking, reading, and writing Hebrew. Although he reports that he "never converted", he claims that he "has a special bond with Jews" and that he "would prefer not to talk about it". When the patient was 24 years old, he joined the National Guard (because he was told it would then be easier to get into the Navy). Approximately 4 years ago, his father and 10 other family members were killed by ATF agents at the Waco Compound. After his father's death, he moved from Seattle back to Waco to live with his mother and "help her through the loss" (she was 1 mile away from the Waco Compound when the ATF agents "attached"). Shortly thereafter, as per her recommendation, the pt enlisted in the navy for "security and direction". The pt reported that one of his brother's has been diagnosed with schizophrenia. He was unable to recall other details. Pt denies drug or alcohol use/abuse currently, as well as in the past. He denies a psychiatric history, although endorsed hearing "occasional voices" instructing him "to join them" (probably referring to his murdered family members). The pt also reports that he has an ongoing class-action lawsuit against the ATF agents for "whey they did" to his family. The pt reports that he thinks about the Waco incident often and stated that he shaves his head for "atonement". He reported that he often feels as if he is to blame for the incident, yet details as to why are often extremely vague and odd.
Mental Status Exam: 30 year old male well groomed and casually dressed in hospital attire. Pt was alert and cooperative throughout the interview. His mood was described as "depressed" and his affect was blunted. His speech was coherent and somewhat goal directed, as he often would halt and change topics altogether. Although there was no evidence of an Axis I psychotic disorder or a formal though disorder, he clearly presented with many vague odd thoughts/beliefs and endorsed some magical thinking. At one point in the interview, he stated that he believed that he was somewhat responsible for the ATF agent "storming" the Waco Compound (where his father and 10 other family members were barricaded) because he had "crossed a street called Federal Street" while traveling in Seattle. Moreover, he reported that he possessed psychic abilities. He denied both suicidal and homicidal ideation, claiming that he "just has confusing thoughts once in a while", and that he would "never act on them". His level of intelligence was estimated to be with the low-average range of functioning. His insight and judgement were found to be fair.
Diagnostic Assessment:
Axis I: (309.9) Adjustment Disorder with Depressed Mood
Axis II: (301.22) Schizotypal Personality Disorder
Axis III: No Diagnosis
Axis IV: military, family loss
Axis V (admission): 11-20 Some danger of hurting self or others
 Axis V (current): 51-60 Moderate symptoms or difficulty in
functioning
 Axis V (highest): 67-70 Some mild symptoms, or some mild
Difficulty in functioning
Plan and Recommendations: Pt is neither suicidal nor homicidal. Pt is not in need of psychiatric medication at this time. Strongly recommend an Administrative Separation based upon a severe Personality Disorder and an exacerbation of chronic suicidality. Although pt is not suicidal or homicidal at this time, he is a continuing risk to self and others if retained on active military service. The pt possesses long-standing, characterological personality features which leave him at continued risk for ongoing interpersonal and work-related conflicts. Recommend pt sees the Chaplain while awaiting the command-decision of the recommendation of an Admin Separation.

 970318:  Discharged from Naval Medical Center Psychiatry Department.
970331:  Commanding Officer (NMCB 40) recommended discharge by reason of convenience of the government due to a medically diagnosed personality disorder.

970402:  COMNAVAIRWARFENCENDIV, China Lake directed the applicant's discharge with an honorable by reason of convenience of the government on the basis of a personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 9704004 with an 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). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the reason for the discharge was proper and equitable (C and D).

 In the applicant’s issue 1, the Board found that no other reason for discharge would be appropriate. The applicant was admitted to Naval Medical Center, San Diego Psychiatry Department for seven days and diagnosed by a qualified medical officer as having a personality disorder. Thus, the Board finds that the Reason for Discharge reflects the applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance. "Personality Disorder" is an accurate narrative description of the reason for the applicant's discharge. No relief will be granted based on this issue.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 1996 until 11 Dec 97, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER.

B. 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.

C. 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.

D. 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.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:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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