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NAVY | DRB | 2002_Navy | ND02-00966
Original file (ND02-00966.rtf) Auto-classification: Denied


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

ex-AN, USN
Docket No. ND02-00966

Applicant’s Request
The application for discharge review, received 020624, requested that the reason for the discharge be changed to straight honorable. The Applicant requested a documentary record discharge review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030424. 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: HONORABLE/ PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

To whom it may concern;

 I, (Applicant) (Social Security Number deleted), am writing to complain on various subjects stated. I have been, for the past two years now, trying to get help in this matter because I feel I was erroneously (wrongfully) discharged. I gave my all while enlisted, and would be still doing my best, if I would have only been listened to. However, I apologize for the time it has taken me to release this information to you, Mr. B_. Overtime I got started; I got a wave of terrible emotions that would cause me to discontinue any and all letters. In this letter, I have listed several questions that I would like dearly to be answered. Please take the time to read and make any notes of this that needs to be taken of this matter. Thank you.
The questions stated are as follows:

1. Why was I so quickly discharged? The problems I was experiencing with the "home" in due time, would have worked itself out. I was experiencing minor depression, and with classes, like I said, would have helped me over-ride these problems.

2. Why was I treated so badly in the Psychiatric Ward? I thought they were there to help, not fear anyone or cause more problems than fixed. I was placed in a closed room with about thirty or so doctors. In a chair directly in the middle of this doctor's is where I sat being badgered with questions over and over again until I totally broke down. Not an experience I would want to go through ever again. I was over-medicated on the anti-depressant, Cerzone, at 250 mg's. This drug caused me to go into seizure. The doctor's in the hospital stated that it was an allergic reaction, and no further investigation was permitted. A few days later, I was placed on Zoloft. However, not as great of reaction, I suffered from a rash.

3. Why were all benefits taken away from me? I served Honorably and feel I deserve all benefits that anyone else deserves. I have researched and discussed with other ex-military men and women that were discharged after six months of enlistment that still have their benefits. These benefits also include my G.I. Bill. I later found out that I supposedly marked NO on a paper stating I would not like to receive this benefit. I do not recall a form brought up to me on this issue and would like for it is fixed considering I paid in full for this. If not, I want it all refunded. Also, keep in mind that I am receiving VA disability at 10% each month. If I am not a VETERAN, how am I able to receive this? On the above statement (VETERAN), I have discussed further health issues with the VA, and they state I am not a VETERAN so they cannot help me out. WHY?

4. Why are there three separate codes on my DD-214 that are keeping me from law enforcement, postal services, and may very well keep me from becoming a Doctor in the future? These codes are RE-3G, JFX, and Personality Disorder. I would like to do the National Guard and have recently found out that I cannot because of these codes. I was told during my separation from many people that these codes will not do what I am experiencing them doing.

5. Why can I not receive a copy of my service jacket or my psychiatric records? I have requested and requested time and time again for these, and I have yet to receive an answer (no solid proof in letterform due to the fact they don't return them).

6. Why the Borderline Personality Disorder diagnoses is considered non-disabling? For a short summary on what job I have, I work for a mental facility and have gained much knowledge on what "BPD" is. It is considered attention seeking, suicidal ideation, homicidal thought and tendencies, and much more. I have none of these. Warning, papers will state different. My request on this issue is to get granted a Re-evaluation.

7. Why does my doctor's eval and my command eval not coincide? I thought that everything had to agree in order to properly discharge or terminate. Right or wrong?

8. Why was I put into debt? I was sent home without a bus ticket. My mother had to buy me a bus ticket. I had a whole house full of furniture, clothes, and other things I had to leave behind. The DFAS paperwork submitted would show any concerns you have with this matter. My complaint on this is the fact that I would not have been in negative leave if I had been kept in for my full term. Concerns of leave period 991213-991227 for the fact I was still doing well in the military. And last question.

9. Why were my qualifications taken from me right before my discharge? I was very good at my job and I do not understand this in the least.
If I have rambled about anything, I apologize. I expressed earlier that this is very hard for me. I do thank you very much in taking the time to read this against your busy schedule.
 With this letter, I have attached several copies of several different things. These copies, I feel, will benefit toward any and all questions. I do not have solid proof on many of these issues and hope that you can do better with this than I have received prior to your helping me.
If you have any questions or concerns, or need anything else to help out, please contact me at either (telephone numbers deleted). You can also write me at the above addressed or e-mail me at (e-mail address deleted). Thanks again for your time.

Sincerely yours,


Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Congressman, dated February 26, 2002
Letter from Defense Finance and Accounting Services, dated October 25, 2000, with enclosures
Account statement
Applicant's DD Form 214
Thirty-two pages from Applicant's service record
Letter from United States Senate, dated August 17, 2000 and July 26, 2000
Permission statement from Applicant, dated November 13, 2000
Statement from Applicant, dated November 13, 2000
Letter to T. H_, undated
Statement from Applicant
Hand-written note
Letter from Department of Veterans Affairs to Applicant, dated April 30, 2001
Rating decision, dated April 26, 2001
Letter to Applicant from Supervisor, Medical Administration Service, dated July 31, 2000
DD Form 149

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     980716 - 980809  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 980810               Date of Discharge: 000512

 Length of Service (years, months, days):

         Active: 01 09 03
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 33

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (2)    Behavior: 4.00 (2)                OTA: 3.50

 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 :

000302:  Applicant admitted to NMCP.

 000403:  Applicant discharged from NMCP with the following diagnosis: Depressive disorder, alcohol dependence, borderline personality disorder, severe. The psychiatrist recommended separation based on a personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. Applicant was considered a continuing risk of harm to self or others. Recommended Level II treatment.

000501:  Commanding Officer directed discharge with an honorable 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.

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 000512 with an honorable 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 Applicant’s diagnosis qualified her for discharge by reason of convenience of the government on the basis of a personality disorder. Sailors may be separated for personality disorders provided a medical diagnosis is made by competent military medical authority which concludes the Sailor’s disorder is of such severity as to render her incapable of serving adequately in the Naval Service. Immediate processing for administrative separation is required if the medical authority has also evaluated the Sailor as being self-destructive and/or a continuing risk of harm to self or others.

Issue 2: Regarding the Applicant’s treatment in the psychiatric ward, the NDRB does not review the Applicant’s diagnosis or implied incorrect medical treatment. The Applicant was diagnosed with a severe personality disorder and was considered a risk to herself or others. The psychiatric treatment that accompanied her diagnosis was performed by a competent military medical authority.

Issue 3,5 and 6: An individual suffering from a personality disorder is not considered to be mentally ill nor disabled. A personality disorder is an enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual’s culture. It is pervasive and inflexible, has an onset in adolescence or early adulthood, is stable over time, and may lead to distress or impairment. The Applicant was properly diagnosed by competent medical authority. Even though the Applicant has received a 10% disability rating from the VA, it does not mean she is entitled to any additional benefits. The Veteran’s Administration determines eligibility for post-service benefits not the Navy Discharge Review Board (NDRB). The Applicant’s request for a “re-evaluation” does not provide a legitimate basis to alter her narrative reason for separation even if the personality disorder no longer exists or has been overcome. The Board finds that the reason for separation reflects the Applicant’s mental health status at the time of her discharge, and was proper and equitable at the time of issuance. Relief denied. Regarding the Applicant’s request for a copy of her service record, a SF 180 will be included so she may request a copy of it. In order to receive a copy of her psychiatric record, the Applicant must request it from the Department of Psychiatry Naval Medical Center Portsmouth, Va.

Issue 4: The Applicant should be aware that a narrative reason for separation of PERSONALITY DISORDER should not affect nonservice-related administrative matters, i.e., civilian employment, educational pursuits, etc. Additionally, an unfavorable “RE” or separation code is, in itself, a bar to reenlistment. A request for waiver is normally done during the processing of a formal application for enlistment through a recruiter.

Issue 7, 8 and 9: A Sailor diagnosed with a personality disorder of such severity as to render her unsuitable for further naval service and deemed to be a continuing risk to herself or others must be immediately processed for administrative separation. The evaluation by the competent medical authority is used to initiate the administrative processing. The command’s evaluations of the Sailor are used to determine the characterization of service. In the Applicant’s case, she served honorably and faithfully and therefore earned an honorable discharge. The fact that both did not recommend retention in the naval service does not provide grounds upon which the Board may grant relief. When the Applicant was administratively processed for separation, she was found unfit for full duty by medical authority. To protect the Applicant and fellow sailors, her qualifications to perform duties in a hazardous environment were removed. Regarding the Applicant’s incurred debt, regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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 of post-service accomplishments 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), 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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