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NAVY | DRB | 2002_Navy | ND02-00693
Original file (ND02-00693.rtf) Auto-classification: Denied


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

ex-STGSN, USN
Docket No. ND02-00693

Applicant’s Request
The application for discharge review, received 020422, requested that the reason for the discharge be changed to Physical Injury Eustachian Tube dysfunction. 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 030116. 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, as submitted

1. I was diagnosed with a Eustachian tube dysfunction. Therefore my contract was breached by the navy. I was dropped from the EOD and unable to do the job. They dropped ME!

 As far as a Personality disorder goes, the reason is unsubstantiated. This is was used as a way out for the NAVY. A PD (personality disorder) is NON-COMPENSABLE! NOT TO MENTION with it on my record I'm not able to find work with it on my DD214! GET THIS SHIT CLEARED UP ASAP SO I CAN WORK…I'VE GOT A MORTGAGE TO PAY!!!

Thanks for THE HELP (Signed by the Applicant)

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Applicant's application (DD Form 149) to BCNR
 Letter from Attorney (R_ A_ S_) dtd Sep 16, 2002, stating he is not Applicant's representative

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     991014 - 000214  ELS - Refused to Enlist
                                             000414 - 000426  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 000427               Date of Discharge: 010405

 Length of Service (years, months, days):

         Active: 00 11 09
         Inactive: None

 Age at Entry: 28                          Years Contracted: 4

 Education Level: 16                        AFQT: 80

 Highest Rate: STGSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: No Marks    Behavior: 3.00 (3)                OTA: 3.0 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 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 :

010315:  Psychiatry unit, Med Dept, NAVDIVSALVTRACEN, Pensacola: 29 year old white male complains of depressed mood, suicidal ideation, no attempt, no plan - vague thoughts; history of depression treated with Prozac early 1990's, also history of ADD as child; family history of depression, BPD recently dropped from dive training secondary to chronic eustachian tube dysfunction. Intelligent, college educated male. Diagnosis:
         AXIS I: History of Attention Deficit Disorder vs. Attention Deficit
 Hyperactivity Disorder
         R/O Alcohol Abuse vs Dependence
         R/O Cyclothymia
         R/O Occupation Problem
AXIS II: Deferred R/O Personality Disorder
AXIS III: Eustachian Tube dysfunction
Plan: (1) MMPI & MCMI today, (2) Follow-up next week after return of psychological test results.
010320:  MMPI-2 and the MCMI-III testing report, contained in medical record, may suggest a possibility of a bipolar affective disorder or of schizophrenia, paranoid type. This issue will need to be determined based on clinical presentation, which Dr. F_, the patient's psychiatrist, has ruled out. The profile does indicate significant antisocial issues as well as substance abuse problems with a strong possibility of an addictive disorder. These individuals tend to have highly disruptive interpersonal relationships…Pt appears to be a rather cynical individual who feels intensely angry, hostile, and resentful of others. He may have a poor impulse control and may be somewhat conflicted in his sexual identity. He may have contemplated suicide in the past. He has endorsed a number of items reflecting a high degree of anger. He may have shown explosive behaviors at times. He acknowledges antisocial behaviors in the past. Externalization of blame, hostility, mistrust, and lack of introspective abilities make these patients generally unresponsive to insight-oriented psychotherapy. He has a number of attitudes and feelings that could interfere with work adjustment. His acknowledged problems with alcohol or drug use should also be addressed…
010315:  Applicant contracted not to cause harm to self or to others and will contact quarterdeck at NDSTC to speak with duty medical officer if he should have the desire to cause harm to self or others.
010322:  CO, Naval Hospital, Pensacola, FL: Applicant seen for a psychiatric eval at this facility on 20 March 01. Clinical impressions were:
 AXIS I: Occupational Problem
         Past History of Attention Deficit Hyperactivity Disorder, EPTE
         Alcohol Abuse versus Dependence, EPTE
AXIS II: Personality Disorder Not Otherwise Specified with Negativistic
         (Passive Aggressive), Depressive and Sadistic Features,
Severe, EPTE
Clinical opinion is that the member manifests a long standing disorder of character and behavior which is of such severity as to render this individual incapable of serving adequately in the US Navy. Through examinations the patient is considered competent. This member does not require and will not benefit from military hospitalization or psychiatric treatment. PO3 M_ (Applicant) is not considered suitable for access to classified information or for further productive military service.
Expeditious administrative separation is strongly recommended for convenience of the government by reason of severe personality disorder. PO3 M_ (Applicant) most likely will become an increasing administrative burden to his command with deteriorating performance, conduct, reliability, and judgment. The member may become a threat to harm others if retained in the US Navy .

010322:  Commanding Officer, Naval Diving and Salvage Training Center, directed Applicant's discharge with an Honorable by reason of Personality Disorder.

010323:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible of a general (under honorable conditions) by reason of Occupational Problem and Personality Disorder Not Otherwise Specified with Negativistic (Passive Aggressive, Depressive and Sadistic Features, EPTE .
010323:  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.
010406:  Commanding Officer, Naval Diving and Salvage Training Center, advised CNET of Applicant discharge by reason of convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. Commanding Officer’s comments (verbatim): [Service member was seen at Naval Hospital, Pensacola FL on 20 March 2001 for a psychiatric evaluation. The clinical opinion is that the member manifests a long standing disorder of character and behavior which is of such severity as to render this individual incapable of serving adequately in the US Navy. It's the opinion of the clinical Psychologist that the member will not benefit from military hospitalization or psychiatric treatment. Also, member is not considered suitable for access to classified information or fur further productive military service. Member received a General Discharge on 5 April 2001.]
 NOTE: DD Form 214 reflects an Honorable discharge as authorized by the CO's discharge authority letter of 22 Mar 01.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010405 with an honorable discharge for convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. (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 disagrees with the Applicant’s claim that his diagnosed personality disorder is unsubstantiated. The Applicant was diagnosed by competent medical authority with a personality disorder Not Otherwise Specified (NOS), with negativistic (passive aggressive), depressive and sadistic features, severe. Furthermore, it was determined that the Applicant’s personality disorder existed prior to the Applicant entering the service and that the Applicant might become a threat to harm others if retained in the Navy. The Applicant was recommended for an expeditious administrative separation from the Navy for the convenience of the government by reason of his severe personality disorder. 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. 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), Change 27, effective
27 March 2000 until 13 Aug 2001, 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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