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NAVY | DRB | 2000_Navy | ND00-01073
Original file (ND00-01073.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND00-01073

Applicant’s Request
The application for discharge review, received 000920, requested that the characterization of service on the discharge be changed to honorable. 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 010329. 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: ENTRY LEVEL SEPARATION/PREGNANCY, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Received discharge due to my pregnancy and inability to complete military obligations. Personnel at NATTC Millington informed me that my discharge would be upgraded to honorable approximately six to eight months after my discharge. To date I have not received any information regarding this issue. I am requesting an upgrade to my discharge to Honorable.

 Documentation
Only the applicant's service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     881115 - 890813  COG

 Period of Service Under Review :
Date of Enlistment: 890814               Date of Discharge: 891215

 Length of Service (years, months, days):

         Active: 00 04 02
         Inactive: None

 Age at Entry: 17(Parental consent)       Years Contracted: 4

Education Level: 12                        AFQT: 66

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: 3.6 (1)                 OTA: 3.50

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

ENTRY LEVEL SEPARATION/PREGNANCY, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

891107:  ER, Naval Hospital, Millington, TN: Symptom - "I've been having emotional problems". 17 year old white female states "she feels like hurting herself", married 1 week ago and husband in San Diego - wanted to cut self last nigh & threw herself down stairs today." "Possible pregnancy " but not despondent over the possibility, does not want to be separated from husband.
         Assessment/Diagnosis: Situation reaction.
         Referred to chaplain, family services, psych, Condition upon release - improved.

891112:  ER, Naval Hospital, Millington, TN: Arrived private vehicle. Pt complains of pain to right foot at ball & heel from stepping on glass on dance floor this p.m.
         Diagnosis: Abrasion fight foot, crutches.

891113:  Branch Clinic, Naval Hospital, Millington: Follow-up - doing very well - States she doesn't need crutches -"Ready to Go"
         Plan: Fit for full duty.
891115:  Mental Health Dept: 17 year old white female with situational reaction. Newly married, separated to go to school (husband AD in San Diego). History of child abuse. Impulsive behavior and has voiced vague suicidal ideation. Pt indicated that she disassembled a disposable razor in a plan to lacerate both of her writs, but changed her mind and subsequently, purposefully fell down a flight of stars. Situational stressors include being newly married, being separated from her husband, relocation for basic training and then to NAS Millington, and the belief that she may be pregnant (Pregnancy test was negative). She also admits to significant family stress recently and of being raised in an atypical family environment. Her first suicide attempt was at age 15 when she attempted to OD o approximately 50 tablets of unknown OTC medication as a result of remembering that a sibling had molested her approximately five times at age six……….Mental status exam was mostly within normal limits. Pt denies use of all psychoactive substances. Pt is characterized by a pervasive pattern of instability of mood, interpersonal relationships, and self-image. She also exhibits a pervasive pattern of dependent and submissive behavior, social discomfort, fear of negative evaluation, and timidity.
         Diagnostic Impression:
         309.40 - Adjustment disorder, disturbance of emotions and conduct
         301.83 - Personality disorder, borderline
         301.82 - Personality disorder, avoidant
         301.60 - Personality disorder, dependent
         307.46 - Parasomnia, sleepwalking (provisional)
         Recommendation: Pt experiencing reaction to psychosocial stressors and this along with her personality disorder is the basis for her present dysfunction. This pt is not mentally ill, her personality disorder will make it more difficult for her to adapt to military service. Pt's personality disorder should be documented by a Page 13 entry. Pt's risk of harming herself or other while not in a sleepwalking state is considered low. Pt's potential for future use in military service is minimal and she is unsuitable for full duty if disorder is validated. In this case, admin separation is recommended. Pending this action, pt should be held accountable and fully responsible for all her actions except while in a parasomnia state.
891203:  Branch Clinic, Naval Hospital, Millington: Pt complains of sinus congestion. Pregnant about 6 weeks.

891205:  ER, Naval Hospital, Millington, TN: Arrival via ambulance, 6 weeks pregnant. Electrical shock from light fixture. Changing of fluorescent light fixture and felt tingling in her hand while doing this. No numbness…..
 Assessment: Pt in no acute distress, no evidence of any burn on left index finger. Chest clear, EGG - within normal limit. Discussed case with Dr. B_ in OB. No worry as long as not bleeding or cramping. Pt not doing either of these.
Plan: 1 - Advised and reassured, 2 - Return to counseling, as necessary, 3 - Follow-up OB as directed - scheduled 26 Dec 89.
891215:  Counseling concerning her discharge due to pregnancy and advised of her right to maternity care upon discharge.

891215:  Signed record entry acknowledging that she was not recommended for reenlistment due to discharge by reason of pregnancy.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 891215 with an Entry Level Separation (uncharacterized) due to pregnancy (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 discharge was proper and equitable (C and D).

 The applicant’s issue states: “Received discharge due to my pregnancy and inability to complete military obligations. Personnel at NATTC Millington informed me that my discharge would be upgraded to honorable approximately six to eight months after my discharge. To date I have not received any information regarding this issue. I am requesting an upgrade to my discharge to Honorable.” The record shows no impropriety or inequity in the discharge. There is nothing in the record stating the discharge would be upgraded automatically (as stated in the applicant’s issue). Since the applicant’s service was less than 180 days, an entry level separation is appropriate. For the character of service to be “Honorable” or “General” the applicant’s service would have to have been so meritorious as to warrant a characterized discharge. There is nothing in the record showing the applicant’s service warranted characterization. Relief is not warranted.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, Change 6, effective 11 Jan 89 until 13 Dec 89), Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT

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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