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NAVY | DRB | 2001_Navy | ND01-01087
Original file (ND01-01087.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND01-01087

Applicant’s Request
The application for discharge review, received 010815, 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 designated a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020328. 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: UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/ CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. In 1995, I was separated from active duty on the basis of claustrophobia. The claustrophobia is non-existence in my life today. My DD 214 form states my discharge as being uncharacterized and I am requesting that it be changed to show as being an Honorable Discharge. While serving & awaiting separation, I showed loyal conduct to the military. My uncharacterized discharge is delaying me from purchasing a home for my wife & children. I am currently in the process of being reconsidered to return to the Navy Reserves. I have been & can/still be an asset to the Navy.
Thank you sincerely for your time.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
 Applicant's Statement of Awareness and Request For, or Waiver Of, Privileges dtd 29 Sep 95

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     950309 - 950424  COG

 Period of Service Under Review :
Date of Enlistment: 950425               Date of Discharge: 951107

 Length of Service (years, months, days):

         Active: 00 06 13
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 41

 Highest Rate: FR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

*No Marks Found in service record.

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNCHARACTERIZED (ENTRY LEVEL SEPARATION)/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

950720:  Medical Evaluation: This 18 year old male with 3 months active duty ……….was seen in the ER yesterday for feeling of Depression/Anxiety and referred to clinic today for eval. Pt is a single hispanic male who is engaged to be married. From CA, family intact………….Pt denies history of physical or sexual abuse. States lst alcohol drink was age 16 - two beers, denies ever being drunk, denies history of drug use, denies ever seeing a Mental Health Professional. Pt major complaint of wanting to go home. States he thinks is is claustrophobia, complains of not "liking small spaces, elevators, or his barracks". States he gets nervous/scared when placed in these situations, "sweaty and heart races". This pt focused on wanting out of Navy & to go home………States he likes to be alone now and stays away from people ………Pt claims to experience A/V hallucinations since age 12 of seeing people which are not there and hearing voices - someone yelling his name, knocks at doors & footsteps.
         Assessment:
AXIS I - Rule/out Specific Phobia, Situational Type - 303.20
         Rule/out Adjustment Disorder with Depressed Mood, 309.0
AXIS II - Rule/out Schizotypal Personality Disorder - 301.22
Pt's self-report and behavior often inconsistent as evidence of claustrophobia. Also, it is unclear to what extent his complaints are motivated by a desire to be discharged or a sign of compromised intellectual facility. At present he is not psychotic, and there is doubt that he has even been. He is a low risk for harm………
Plan: 1 - Referred to 6E for full eval for possible ELS. 2 - Provided emergency conduct information. 3 - Appointment with Dr. L_. and 4 - No need to hospitalize.
950927:  Staff Psychiatrist, Naval Hospital, Great Lakes: Pt diagnosed with the 1) Claustrophobia (300.29) and 2) Generalized Anxiety Disorder (300.02). He continues under treatment at the MHU and will do so until his separation, which needs to be expedited.
950929:  Applicant notified of intended recommendation for entry level separation by reason of convenience of the government due conditions not a disability (claustrophobia) and on the basis of a personality disorder as evidenced by the Chronological Record of Medical Care.

950929:          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.
951016:  CO, SSC, Great Lakes advised BUPERS applicant was discharged with an
uncharacterized (entry level separation) by reason of convenience of the government due to a condition, not a disability (claustrophobia) .

 PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 951107 with an Uncharacterized service for convenience of the government due to condition, not a disability (claustrophobia). (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).

Issue 1. The Board found that a characterization of service of Entry Level Separation was warranted in this case, as the applicant was processed for separation prior to serving six months on active duty. The fact that the applicant claims he no longer suffers from claustrophobia has no bearing on his characterization of service during the period he previously served. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. The applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.


Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 22 Jul 94 until 23 Jun 96), Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF 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 “ afls10.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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