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NAVY | DRB | 2002_Navy | ND02-00945
Original file (ND02-00945.rtf) Auto-classification: Denied


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

ex-AMSAA, USN
Docket No. ND02-00945

Applicant’s Request
The application for discharge review, received 020618, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030314. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB did discern an impropriety and an inequity in the characterization of the Applicant’s service. The Board’s vote was unanimous that the character and the reason for discharge shall change. The discharge shall change to: HONORABLE/SECRETARY PLENARY AUTHORITY, authority: MILPERSMAN, Article 3630900, and separation code “JFF.”

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. The primary reason for processing my discharge was due to a "personality disorder."

 My separation papers disclosed that I had a "longstanding" disorder of character and behavior.

According to documentation provided by T_ R_, M.D., (the staff physician of the VA hospital in Roseburg, OR) the primary reason for my separation is disputed.

Dr. R_ states that I did not have signs of any personality disorders and found it hard to believe that I would be discharged "so precipitously with a medical discharge."

The Commanding Officer of Naval Air Station North Island (NASNI) Captain D_ states that I was discharged on 30 March 1990 with an "honorable" discharge according to my separation papers.

I believe my discharge was processed too quickly and issued with the, all too often used, "generic excuse" of "personality disorder" for the convenience of the government and showed no real concern for my situation.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Separation Authority letter, dated April 11, 1990
Medical Record Narrative Summary, T_ R_, MD, dated September 17, 1990
Medical Record Narrative Summary, T_ R_, MD, dated September 24, 1990

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     881130 - 890206  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 890207               Date of Discharge: 900330

 Length of Service (years, months, days):

         Active: 01 01 24 (Doesn't exclude lost time.)
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 86

 Highest Rate: AMSAA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.4 (1)     Behavior: 2.8 (1)                 OTA: 3.4

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 14

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

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

900102   Applicant to unauthorized absence (Applicant did not return from scheduled leave.)

900117   Applicant returned from unauthorized absence/surrendered.

900202   Family Service Center, NAS North Island, CA referred Applicant to Branch Medical Clinic, North Island for medical evaluation.

900202:  Naval Medical Clinic, NAS North Island, CA: This 23 year old female technician (Applicant) from Oregon, 12 years formal education, 12 months active duty in the U.S. Navy, married 18 months, unable to [provide] her husband's location, one child from previous relationship is referred to this facility for clinical evaluation following suicidal ideation yesterday and probable suicidal gesture prevented by her roommate. Pt (Applicant) states multiple personal problems generate excessive anxiety, complaining of insomnia, occasional nightmares, accidentally broke her sons framed photograph and with broken glass was about to slash wrists when roommate walked in; pt (Applicant) cries constantly and feels incapable to solve her problems.
         Pt (Applicant) referred to Psychiatry Naval Hospital San Diego for evaluation and/or admission.

900202:  Applicant admitted to the Naval Hospital, San Diego (NHSD), CA (Mental Health).
Applicant Admission Diagnoses: AXIS I - Alcohol dependence, Adjustment disorder with mixed emotional features, Adult Children of Alcoholics syndrome, Adult Molested as a Child; AXIS II - Borderline, Dependent traits, AXIS III - Cervical dysplasia, Condyloma acuminata.
This is the first NHSD admission for this 22 year old Caucasian estranged woman AMSAN with 1 year on continuous active duty, USN, assigned to NAS North Island. She went home in December to see her son by a previous relationship and did not return on time. She went UA to stay with her son in Oregon. After returning to San Diego after 16 days unauthorized absence, she was counseled regarding her charges. She then related she had felt suicidal and was referred to NHSD when admission to psychiatry ensued.
Course of Hospitalization: Pt (Applicant) was admitted to Close Observation Psychiatric Unit 2W for observation for suicidal precautions. The pt (Applicant) voiced no suicidal ideation but related child molestation and maternal alcoholism. Pt (Applicant) related alcohol problems and a Substance Abuse Dept evaluation confirmed the diagnoses of alcohol dependence. The pt (Applicant) refused Level II treatment. Command contact was established and command, concurred with recommendation for administrative separation. The pt (Applicant) voiced no further suicidal or homicidal ideation and had received maximum benefit of hospitalization.

900206:  Discharged from Naval Hospital, San Diego, CA.
 Discharge diagnoses: AXIS I - Alcohol dependence EPTE; AXIS II - No diagnosis ; AXIS III - Cervical dysplasia, Condyloma acuminata; AXIS IV - Moderate.
 Discharge Treatment Plan: 1 - Return to full duty. 2 - Pt (Applicant) is accountable and responsible. 3 - Pt (Applicant) is recommended for administrative separation IAW NMPCINST1910.1C. 4 - Level III treatment is recommended at VA Medical Center at time of discharge.
5 - Pt (Applicant) is advised to abstain from alcohol. 6 - Pt (Applicant) recommended to attend AA/Adult Children of Alcoholics meetings and Adults Molested as Children groups .

900215:  NJP for violation of UCMJ, Article 86: On or about 02JAN90, without authority, absent herself from her organization to wit: NAS North Island, and did remain so absent from unit until on or about 17JAN90.
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 20 days, reduction to E-1 (suspended for 6 months). No indication of appeal in the record.
900314:  Applicant requested name change to A_.

 900319:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service authorized as general under honorable conditions by reason of convenience of the government due to personality disorder as evidenced by Fleet Mental Health Branch Clinic, Naval Station, evaluation of 6 February 1990.
900319:  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 discharge.

900329:  Applicant acknowledged derogatory contents on her Enlisted Performance Evaluation Report for the period 90FEB01 to 90MAR29 and advised of her rights.

900411:  Commanding Officer advised CNMPC of Applicant's discharge with an honorable by reason of convenience of the government on the basis of a diagnosed personality disorder. Commanding Officer’s comments (verbatim): [After her UA period, AMSAA S_ (Applicant) was referred to the psychiatric ward at NAVHOSP San Diego as a result of interview by local Family Services Center. Attending physician LCDR R. M. M_, MC, USN, recommended immediate discharge due to a longstanding disorder of character and behavior. He also indicated AMSAA S_ (Applicant) was dependent on alcohol. AMSAA S_ (Applicant) did not desire VA treatment prior to discharge. However, she indicated she will seek VA Treatment after discharge. She was discharged on 30 March 1990 with an honorable discharge.]

900622:  Name change approved by NMPC.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 900330 with a discharge characterization of under honorable conditions (general) 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 records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was inequitably and improperly processed. (D and E).

Issue 1: The Applicant believes that her discharge was processed too quickly and issued with the, all too often used, “ generic excuse ” of “ personality disorder ” for the convenience of the government and showed no real concern for her situation. Upon careful review of the Applicant ’ s official record and additional documents provided by the Applicant, the Board discerned an impropriety and an inequity in the Applicant ’ s discharge. The Applicant was initially diagnosed, upon admission to the Naval Hospital San Diego, with an AXIS II - Borderline, Dependent traits , Personality Disorder on the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV), Multiaxial Assessment System, however, at the time of her discharge from the hospital, the same attending physician provided a discharge diagnosis to reflect AXIS II - No diagnosis . A properly processed administrative separation would have required a different reason for separation to be used. The Applicant had one NJP for UA, but that alone would not warrant administrative separation of a sailor. There is no indication in the official record that the Applicant was processed for any reason other than the personality disorder, which the records clearly show did not exist. In addition, the Commanding Officer, in his correspondence, to the Commander, Naval Military Personnel Command, regarding the disposition of the Applicant ’ s discharge, clearly indicates the Applicant was processed with an honorable discharge. The records indicate the Applicant had problems adjusting to military life, but because of the apparent impropriety and inequity in this discharge, the Board had no other recourse but to grant the request for relief. Relief granted.


 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 9, effective
14 Dec 89 until 13 Jun 90, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.
B . NAVOP 013/87 (CNO 201614ZFEB87) Delegated authority to Special Court-Martial Convening Authorities (SPCMCA's) to administratively separate enlisted members in certain circumstances. Authority was delegated for separation of enlisted members with Honorable, General, or Entry Level discharges for the following reasons where member does not object to the separation.

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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