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NAVY | DRB | 2002_Navy | ND02-00438
Original file (ND02-00438.rtf) Auto-classification: Denied


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

ex-SN, USNR
Docket No. ND02-00438

Applicant’s Request
The application for discharge review, received 020301, requested that the reason for the discharge be changed to "remove comment section regarding discharge." The Applicant requested a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293. The Applicant subsequently obtained representation from the Veterans of Foreign Wars.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021029. 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/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. When I joined the Navy in 1988, I intended on retiring one day. I went to the Meps station. It was my dream of being in the Navy since I was eleven years old. I have been discharged from the Navy for nine years now and have deeply missed it every since.
I believe that when I was in the military, it was the height of the sexual harassment era.
I was a victim of both sexual and homosexual assault. My attempted suicide was a gesture for help after being raped by two women, not for a way out of the Navy.
The language following in the comment section of my DD-214 was inappropriate as well as the re-enlistment code. I still show pride AND patriotism for a country I willingly served. I am trying to move on with my life and am attending college, pursuing the Nursing Program. This could be a wonderful new chance for me and my children.

 2. Applicant indicated above requested that Veterans of Foreign Wars act as counsel concerning her application. Her records were reviewed on 8/23/2002 and the following comments are hereby submitted: We concur with her contention to remove the comment section regarding reason for separation on her DD 214.

We refer this case to the Board for their careful and compassionate consideration and request the Applicant's discharge be reviewed for removal of the comment regarding reason for separation.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 880325               Date of Discharge: 920312

 Length of Service (years, months, days):

         Active: 03 11 01
         Inactive: 00 00 18

 Age at Entry: 22                          Years Contracted: 8

 Education Level: 12                        AFQT: 46

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.3 (4)     Behavior: 3.4 (4)                 OTA: 3.5

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR(2), Navy "E" Ribbon (2), HSM, MUC,
M-14 Rifle (Marksman), NDSM, SWASM (w/Bronze Star)

 Days of Unauthorized Absence: None

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

HONORABLE/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620225.

 Chronological Listing of Significant Service Events :
880412:  Commenced 36 months of active duty under the Active Mariner Program.
910412:  Extended active duty for additional 12 months.

 911028:  Record of Personal/Professional Counseling: Counseled on professional performance/military behavior (unauthorized absence and making false official statements), awarded following EMI - 500 word essay on professional performance, 500 word essay on unauthorized absence and work two hours extra from 1600-1800, Monday - Friday, until 15 Nov.

911125:  Line of Duty Determination: Suicidal gesture (overdosing on prescription medication), treatment provided by David Grant Medical Center, 1207, 19 Nov 91, was not under the influence of alcohol, not under the influence of a drug, was mentally responsible, has been psychiatrically evaluated. Information placed in medical record.
911129:  David Grant USAFMEDCEN, TRAVIS AFB, CA: Pt admitted to the inpatient Mental Health Service on 20 Nov 1991 due to overdose of medication and she was referred by Dr. M_ V_, MD. This is first inpatient psychiatric hospitalization; pt reports that she had been feeling down since the first of September when she was transferred into her new command at Fallon. She stated she had been on a vessel in the Persian Gulf from April until August 1991. While aboard ship there were several females who were allegedly homosexual and she informed her master chief. The Naval Investigative Service talked to her and after she revealed the information she was transferred to another ship for her own safety…After reporting to command, she was taking an indoctrination course and was under the assumption that after class it would be perfectly alright to go back to her barracks. Was supposed to report back to her command quarters instead. Her Chief sent someone to find her and she lied to the chief, stating that she had to run some errands. (Pt wanted to go back to barracks and be with her boyfriend). The chief became upset and the more she talked the more upset he became. She realized that she had betrayed the chief's trust and it was "like my mom didn't trust me any more." He later told her that her credibility was shot. She reports that from then on he "watched me like a hawk"…She also felt threatened by working in an atmosphere of people who were much higher in rank (there are only two others in the command that were lower in rank than she). She said that she wanted attention and wanted to talk to someone and could not find a way to do it, so she impulsively took the pills.
Course in Hospital: Pt was admitted to 1 East on 20 Nov 1991…She admitted that her act was a rather impulsive one and that she really just wanted some attention since she felt that she was unable to talk with people at her base as to how she felt…She admitted that she really didn't want to die and that being on a very small base made it difficult to converse with people because "everyone would know your business." She also had been upset about the fact that she had a five hour unauthorized absence and that that her whole career was ruined as a result of it. She exhibited some rather immature traits, desiring to please everyone, and often times trying to be perfect…
Final Diagnosis: AXIS I: 309.28, Adjustment disorder with mixed emotional features. AXIS II: V71.09, No Diagnosis, but with immature personality traits. AXIS III: Upper respiratory infection, resolving.
Disposition and Recommendations: At discharge she is not a danger to herself or others. Pt is psychiatrically qualified for continued worldwide duty. At discharge there are no physical restrictions…Pt is competent for pay and records purposes. She will be followed by Dr. V_ at her duty station.

911211:  Retention Warning: Advised of deficiency (personality disorder resulting in an attempted suicide), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

911211:  Retention Warning: Advised of deficiency (personality disorder manifested by inconsistent performance, argumentative behavior, poor impulse control and aggressive behavior), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
920103   Civilian Psychologist report to Medical Clinic NAS Fallon: …I would suggest that her (Applicant) emotional problems and dissatisfaction with Navy life, have in general, made her unfit for duty on an immediate and long term basis. In my opinion discharge from the service is in everyone’s best interest…My diagnostic impression is 309.40 Adjustment Disorder with Mixed Disturbance of Emotions and Conduct.

920116:  Branch Clinic, NAS Fallon, Psych: Pt was interviewed, tested, and military treatment records reviewed. Her civilian treatment records were asked for review but pt was uncooperative (don't know her doctor, did not call back to initiate release, etc.). She is an unreliable historian and a strong manipulator. My eval was mainly based on clinical impression, test data, but no historical corroborative evidence. In essence, this very angry woman bitterly complains of unhappiness and a deep-seated hatred of the Navy, its members and leaders. She is adamant that she is mistreated and it is our duty to make her feel happy, self-fulfilled and successful. She accepts no responsibility or personal involvement to accomplish such goals. She is also convinced that should naval personnel attempt to get her to feel better, they are bound to fail [she will see to it]. Therefore, the only thing acceptable for her is an immediate Honorable discharge. If we are not in compliance with her wishes, she is intent on escalating and resorting to suicidal gestures in the future [mind you this is not an intent of dying but of an act of extortion].
         MSE: The interview was terrible. She is a mean person whom I rapidly learned not to like, despite trying hard to be helpful. She was hostile, demanding, lacking common sense and basic courtesy (she was, however, not violating the letter of naval laws). This reaction was unusual even for the run-of-the-mill problem children visiting my shop…Social judgment was dismally poor. There was no evidence of formal thought disorder, major affective disorder. She is chronically unhappy, frustrated and prone for antisocial and severe passive aggressive behavior. Her motivation for naval service is nil. She is likely to be an unmanageable burden for her supervisors. Pt is not clinically suicidal, but she is unpredictable and has a lack of moral fibers that would not prevent her from doing something embarrassing for her command (both as a way to achieve her own goals and to get back at people).
         IMPRESSION: Severe Passive Aggressive Personality Disorder.
         RECOMMENDATION: Command is strongly urged not to retain her on active duty and award her no re-enlistment. She is totally unsuited for any type of military service. Should admin separated for personality disorder not be an option, then the command may need to prepare for an OTH because it's not the question of whether she gets there, but when.
920221:  Applicant notified of intended recommendation for discharge by reason of convenience of the government due to a personality disorder as evidenced by medical evaluation and unsatisfactory job performance related to the personality disorder. Applicant advised the least favorable characterization of service would be General.
920221:  Applicant advised of 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 this separation.
920221:  Commanding Officer, Strike Fighter Squadron 127, recommended discharge general (under honorable conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder. Commanding Officer’s comments (verbatim): "Since reporting aboard, SN (Applicant)'s emotional instability has continuously affected her performance of duty and has had a disruptive influence on the command and the administrative department. She has demonstrated argumentative behavior and an inability to accept constructive criticism. Easily excitable, SN (Applicant) often fails to concentrate on her assignments and refuses to take responsibility for her actions. I believe that SN (Applicant)'s suicidal gesture indicates an unwillingness to accept the Navy way of life, and I believe that she remains potentially self-destructive. I see no potential for future naval service. Recommend that she be discharged from the naval service under honorable conditions."

920303   BUPERS directed the Applicant's discharge by reason of convenience of the government on the basis of a personality disorder in accordance with NAVMILPERSMAN, Article 3620225 and directed characterization of service as type warranted by service record.

 PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 920312 with an honorable discharge for the 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 records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).

Issue 1: The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The summary of service clearly documents the Applicant’s personality disorder and how it contributed to her performance. The Applicant’s behavior demonstrated she was unsuitable for further service. The reason code, other physical/mental conditions – personality disorders, most accurately describes the reason for the Applicant’s discharge. Relief not warranted.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims at that time. Representation at a personal appearance hearing is recommended but not required.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 04 Mar 1993, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 04 Mar 1993, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - 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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