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NAVY | DRB | 2001_Navy | ND01-00049
Original file (ND01-00049.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND01-00049

Applicant’s Request
The application for discharge review, received 001011, requested that the characterization of service on the discharge be changed to Honorable. The applicant requested a documentary record discharge review. The applicant designated the American Legion as her representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010406. 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 change to: HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. (Equity Issue) In accordance with NAVMILPERSMAN guidance, this former member proffers that her GD is inequitable because she had no derogatory entries in her service record and maintained a 4.0 OTA enlisted performance record. On this basis, she petitions the Board's relief with recharacterization of her service period to fully honorable.

2. (Equity Issue) Based on the additional documentation submitted, this former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of the application.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
American Legion's ltr of 31 Oct 2000 to the applicant
Ohio Department of Health ltr dtd 11/1/2000 (Applicant's Nurse Aide Registry)
Certificate of Completion (Absolute Health Care) dtd 26 Aug 2000
 Certificate of Achievement (Dept of Navy - Navy Child Development Home Provider Training Program) dtd Oct 5, 2000
Letter of Appreciation to the Applicant from CO, NAS Sigonella dtd 19 Oct 2000 concerning completion of the Navy Child Development Home Program Training Program
Letter of Appreciation, CO, NAS Sigonella, for support during Freedom Fest 1999
Letter of Appreciation, CO, NAS Sigonella, for NASSIG Child Development Cents' annual inspection (scoring 97 out of a potential 100 points)
Letter of Appreciation, CO, NAS Sigonella, for support during MWR "Autumn Fest 1999
Absolute Health Services TCEP grade sheet
Ohio Department of Health registration as long-term care facility nurse aide dtd 10/24/00
Copy of DD Form 214
Service Record pages, including discharge processing package (11)
Copy of MILPERSMAN Articles 1910-122, 1910-300, 1910-302,1910-304, 1910-306, 1910-308
Certificate of Achievement (PRE-K), DTD 29 May 1998
DD Form 149 (Application for Correction of Military Record) dtd 5-17-00
Reference Letter from P_ R_, Dir, Child Development Center undtd
Reference Letter from G_ A_, MWR, Training and Curriculum Specialist undtd
Letter of Appreciation to the Applicant from CO, NAS Sigonella dtd 7 Jul 1998 concerning completion of the 13 Navy Standardized Caregiver Taining Modules
Certificate of Appreciation from CDPA, Child Development Center during May 1998 BUPERS inspection.
Certificate of Appreciation (Navy - Marine Corps Relief Society) dtd Apr 21, 1999
Letter of Volunteer at the Signonella Auxiliary from Apr 1998 to Dec 1999
BCNR information ltr to Applicant dtd Aug 2, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     920429 - 920511  COG

 Period of Service Under Review :
Date of Enlistment: 920512               Date of Discharge: 931215

 Length of Service (years, months, days):

         Active: 01 07 04
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 56

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.0 (1)     Behavior: 4.0 (1)                 OTA: 3.96

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, SWASM

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

931118:  Admission to Naval Medical Center, Portsmouth, VA (Psychiatric): Chief Compliant: "I took an overdose". First admission for this 22 year old married white female, SN, with one-and-a-half years of continuous active service assigned to the USS PUGET SOUND. Pt transferred from DePaul Hospital where she was initially treated for multiple drug ingestion. Pt was in usual state of good health until about one month prior to admission, when she began to experience symptoms of daily crying spells, depressed mood, appetite disturbance, middle insomnia, decreased concentration, decreased libido, and low energy. She described "missing time" secondary to poor concentration as well as fainting spells. She cited stressors to include conflict with her boyfriend, marital separation, financial problems, unhappiness in the navy, and recently treated urinary tract and upper respiratory tract infections. On the night prior to her admission, she ingested multiple medications including Tylenol, aspirin, Wellbutrin, and Ciprofloxacin in a self-professed attempt to separate from her allegedly abusive boyfriend. She denied a wish to kill herself. She immediately called for help. Pt was transferred to Navy Medical Center Portsmouth after being medically cleared at a civilian emergency room. Pt was seen by a psychiatrist in Almera, Spain for issues surrounding the date of her mother in Oct 1992. She denied a history of past suicide attempts. There is no family history of psychiatric illness, suicidal behavior to drug/alcohol abuse/dependence. Pt admitted to Ward 3-F, afforded individual, group, and milieu therapy. She participated well in these modalities…Although the pt did not present a management problem while on the ward, it was clear that she was motivated for further service in the Navy; combined with her diagnosis of underlying personality disorder, this lack of motivation and commitment makes it very unlikely that she will return to her command as a full and productive service member. She was considered competent to participate in discharge planning and did so actively. At time of discharge, pt was not suicidal, homicidal, or psychotic, and had received maximum benefits of inpatient hospitalization.
Discharge Diagnosis: Axis I: None; Axis II: Personality disorder, not otherwise specified with borderline and immature features, EPTE; Axis III: 1) Pregnancy, 2) Status-post multi-drug overdose, nontoxic, 3) Herpes Simplex type II; Axis IV: Routine military service; Axis V: 68/80.
Discharge Disposition: 1) To parent command; medically and psychiatrically fit for full duty, but conditionally unsuitable for further military service; 2) Advises expeditious administrative separation. Although not imminently suicidal or homicidal, she is a continuing risk to do harm to herself or others; 3) No psychiatric contraindications to any administrative, disciplinary or legal actions deemed necessary by parent command; 4) Recommend pt contact Family Services Center for individual counseling for marital difficulties……...

931123:  Discharged from Naval Medical Center, Portsmouth, VA.

 931202:  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.

931202:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. Applicant did not object to the separation.
940211:  Commanding Officer, USS PUGET SOUND, advised BUPERS that applicant was discharged with a General (under Honorable conditions) by reason of Convenience of the government on the basis of a diagnosed Personality disorder. Commanding officer’s comments (verbatim): "Seaman (Applicant) was diagnosed with having a personality disorder; not otherwise specified with borderline and immature features, EPTE on 23 November 1993 after a suicide attempt. The attending psychiatrist recommended an expeditious administrative separation based on her personality disorder. She was not considered suicidal or homicidal, she was a continuing risk to do harm to herself or others. She was returned to full duty on 23 November 1993. I concurred with the attending psychiatrist's recommendation for an expeditious administrative separation. Accordingly, Seaman (Applicant) was separated from the Naval Service on 15 December 1993."

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 931215 with a General (under Honorable conditions) 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 applicant’s service record, supporting documents, facts, and circumstances unique to this case, and in conjunction with consideration of the factors listed in SECNAVINST 5420.174c, the Board determined that relief is warranted under equitable grounds (D and E). With exception of her attempted suicide, the applicant was never involved in any misconduct during her abbreviated career and her performance marks were 4.0/4.0/3.96 on a scale of 4.0. Relief granted.

 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 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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