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NAVY | DRB | 2001_Navy | ND01-00088
Original file (ND01-00088.rtf) Auto-classification: Denied


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

ex-AN, USN
Docket No. ND01-00088

Applicant’s Request
The application for discharge review, received 001023, requested that the reason for the discharge be changed to Convenience of the Government. The applicant requested a documentary record discharge review. The applicant designated the Veterans of Foreign War as his 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 reason for discharge shall not change. The discharge shall remain: HONORABLE/ PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. The reason given for discharge is inequitable because "personality disorder" is so broad that it can not be defined to specify what emotional and/or psychological behavior problem existed at the time of discharge. The diagnosis of "personality disorder" cannot be defined to the extent required to ascertain potential future problems either emotional or psychological. The absence of a clearly defined diagnosis is inequitable. Subsequent to discharge I acquired a non-paid position as a part-time Reserve uniformed police officer with the City of New Rome, Franklin County, Ohio. This position allows for access to the Franklin County Sheriff's training facility and program. At this time I have a full-time position with the Clerk of courts, Municipal Division, in Franklin County, Ohio. On February 27, 2000, J_ C. E_, L.I.S.W. reviewed and evaluated me in relation to the discharge diagnosis which relied on the Navy's medical records. Mr. E_'s evaluation determines that "no diagnosable mental illness" exists on February 27, 2000. A change in the reason for discharge to the "conveyance of the government" is equitable.

2. The stated reason for discharge requires lay persons to determine the extent of any potential psychological problem that existed then or in the future. The reason for separation is defined as "personality disorder". This narrative describes the full spectrum of both potential emotional and psychological problems. The reason for separation is further complicated where the public and potential employer's would have to evaluate the diagnosis. The stated reason for discharge interferes with my employment. I acknowledge that my behavior is the reason for discharge. Central to this factual assessment is that his behavior should not have taken place. This behavior should not be condoned. However, the stated reason for separation without a defined explanation of what "personality disorder" is, requires lay people to evaluate the full range of potential psychotic behavior. A change in the reason for discharge to the "conveyance of the government" is equitable.

3. The stated reason for discharge directly effects my ability to gain employment. Prior, and subsequent, to military service I have been involved with law enforcement. The attachments chronologically list that involvement. The reason for discharge without a defined medical explanation requires a factual determination that I will not be able to seek full time employment as a police officer. The attachments are solely chronologically listed for your convenience. A change in the reason for discharge to the "conveyance of the government" is equitable.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's ltr to Board dtd 10-18-00 designating VFW as counsel
Copy of DD Form 214 (2 copies)
 Pre-Service Documentation Provided:
 Certificate of Completion (Ohio Peace Officer Training Council) dtd 17 Apr 94
High School Diploma dtd Jun 5, 1987
Columbus State Community College Diploma, Associate of Applied Science, dtd * Dec 95
Columbus State Community College Transcript (2 pages)
Certificate of Completion (Hazardous Materials First Responder Awareness Level), Columbus State Community College, dtd Jun 6, 1995
4 ID cards (American Heart Association, Dept. of Education Division of Vocational Education, Columbus State Community College Certificate of Competency, & the Monadnock PR-24, Certificate of Competency
Letter of Appreciation dtd Sep 19, 1995, Dept of Public Safety, Div of Police
National Computer Systems MicroTest Score dtd 2/2/96
Certificate of Completion (Ohio Peace Officer Training Council) dtd 5 Feb 96
Letter to Appointment as a Peace Officer from Columbus State Community College dtd Aug 5, 1995
Oath of Office, Village of Bremen, dtd 2-2-96
Letter of Commendation, (Professional Response to the Oil Spill on Sep 20, 1995) dtd Sep 28, 1995
Certificate of Completion and Competency (Use of Chemical Weapons Pepper Mace and Chemical Mace) dtd 18 Aug 96
Certificate of Recognition (Tactical Baton), dtd Aug 18, 1996
Certificate of Completion (portable fire extinguishers), dtd Feb 16, 1996
Certificate of Appreciation (Partner in Education) dtd 31 May 1996
Letter of Commendation (Investigation and Recovery of Stolen Property), dtd Mar 27, 1996
Oath of Office as Police Officer, Village of Lithopolis, dtd 10 Sep 97
Certificate of Recognition (Tactical Baton), dtd Mar 13, 1997
Certificate of Completion and Competency (Use of Chemical Weapons Pepper Mace and Chemical Mace) dtd 3 Apr 1997
Certificate of Completion (Basic Security Officer Training Series) dtd 11 Apr 97
 Post-Service Documentation:
 Police Record Check (Franklin County), dtd Apr 29, 1999
Nationwide Security Training Certificate (Intro. to Security Firearms & Firearms Training and Qualification) dtd Feb 29, 2000
Letter of Welcome to the Franklin County Municipal Courthouse dtd Mar 31, 2000
Certificate of Training, Franklin County Municipal Court, dtd Mar 31, 2000
Oath of Office as a Police Officer, New Rome Div of Police dtd 21 Jan 2000
Letter from OSU & Harding Behavioral HealthCare & Medicine, J_ C. E_, L.I.S.W. dtd Feb 27, 2000
Letter from L- W. K_ & Assoc, P.C. dtd Jun 21, 1999 concerning applicant's bankruptcy
U.S. Bankruptcy Court, Eastern District of VA, Norfolk Div dtd 06-17-1999
Applicant's Resume (2 pages)
 In-Service Documentation:
 Airman Apprentice Training Program dtd Apr 13, 1998
Airman Apprentice Training Program (Aircraft Cleaning & Corrosion Control Crs) dtd Apr 13, 1998
Final Qualification, Basic Damage Control, WatchStations, Passed, 6/30/98
Evaluation Reports (2)
Awards Service Record Page (NAVPERS 1070/604)
Personal Qualification Standards Service Record Page (NAVPERS 1070/604)
Navy Service Schools/Military Training Courses Service Record Page (NAVPERS 1070/604)
Enlisted Experience Level Service Record Page (NAVPERS 1070/604)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     971223 - 980111  COG

 Period of Service Under Review :
Date of Enlistment: 980112               Date of Discharge: 990312

 Length of Service (years, months, days):

         Active: 01 02 01
         Inactive: None

 Age at Entry: 28                          Years Contracted: 4

Education Level: 14                        AFQT: 49

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (1)    Behavior: 2.00 (1)                OTA: 3.33 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: AFSM

 Days of Unauthorized Absence: None

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

HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

 Chronological Listing of Significant Service Events :

990108:  Admitted to Naval Medical Center, Portsmouth, VA (Psychiatry): Pt's problems began in June of 1998. Pt had problems with the way he was treated by his LPO. He reported to medical he needed to get out of the Navy because he was not adapting well. At this time pt was also seen in medical to treat a broken finger resulting from hitting the wall after a confrontation with his LPO. Pt also began experiencing knee problems in May and a rash beginning in June. Neither of these complaints has been resolved, and pt is frustrated. Recently divorced. He was separated from wife of 2½years in August and the divorce was finalized in November. Pt reports feelings of rage, frustration, feeling like he could explode. Pt reports sleep difficulty for 2 months. Pt frequently cries in rack and feels trapped. He reports having thoughts racing through his head. He feels like he is "freaking out". On 7 Jan 99 Pt wrote a letter which he forwarded to a P.O. in area. The letter expressed his frustrations and included suicidal ideation. Pt currently denies suicidal ideation, but states he does not care what happens to him. Pt also states he might assault his LPO if he had the opportunity.
         Diagnosis/Impression: Pt vague regarding safety and ability to control impulses. Pt's presentation suggest he may be risk for self harm.
         AXIS I: Depressive Disorder Order NOS (provisional)
         AXIS II: Personality Disorder Order NOS (Anti-Social & Borderline Traits)
         AXIS III: Knee Pain, rash
         AXIS IV: Occupational problems
         AXIS V: GAF 70 (current)
 Plan: Pt to follow-up with Admin Sep Group on Fridays, Pt to call TriCare to obtain time and date of Ortho appoint, Recommend expeditious administrative separation, Follow-up with LT L_ crisis management, Pt to go to ER if homicidal/suicidal.
990115:  Discharged from the Naval Medical Center, Portsmouth, VA.
990119:  Commander, Nav Med Center, Portsmouth, advised CO, USS EISEHOWER, based on psychiatrist evaluation, that application be expeditious administratively separated - applicant is considered potentially dangerous.
990205:  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.
990205:  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.
990225:  CO, USS DWIGHT D EISNHOWER advised NMPC applicant's discharge was directed with Honorable by reason of convenience of the government on the basis of a personality disorder and the applicant's discharge date March 12, 1999.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990312 with an Honorable for convenience of the government on the basis of a diagnosed personality disorder. (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 discharge was proper and equitable (C and D).

 In the applicant’s issues 1 through 3, the Board found that t he applicant was diagnosed with "Personality Disorder with anti-social & borderline traits” by competent medical authority at the Mental Health Clinic, Naval Medical Center, Portsmouth, VA, and was recommended for expeditious administrative separation from the Navy. (A, Part IV) pertains. 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. The contention that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to alter history. Additionally, the Board has no obligation to change the applicant’s discharge in order to allow him to obtain employment in law enforcement. No relief will be granted based on these issues.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 21, effective
01 Sep 1998 until 19 May 99, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s)

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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