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NAVY | DRB | 2002_Navy | ND02-01232
Original file (ND02-01232.rtf) Auto-classification: Denied


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

ex-GSMFA, USN
Docket No. ND02-01232

Applicant’s Request
The application for discharge review, received 020828, requested that the characterization of service on the discharge be changed to honorable or entry level separation or uncharacterized. The Applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region. The Applicant did not designate a representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030612. 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: GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. I made a mistake when I left the service. I dream of going back to the service of my country. I do not see myself doing anything else in the future. There is not a day that does by that I do not think about going back. When I left, I left for the wrong reasons; I was young and love sick and I wanted to go to school so that I could come back to the Navy as a commissioned officer. Now, I have a two year degree. I am more mature and all I can think about is serving my country and going back to the Navy. I always had the intention of going back to the Navy. I was unaware that when I tried to go back, I would find myself unable to go back, with the recent attacks on America I have even more desire to go fight for my country. Every time I remember those horrible events my teeth crench and my chest gets pumped with emotion. It stirs a feeling inside me that tells me that I should be out there with those young men and women that are fighting and defending our country. Therefore, I beg you, I implore you to please change my re-entry code to RE-3 so that I may have a chance at getting back to what I believe is my God given destiny. I desire nothing more than to serve my heavenly Father and to serve my country as best I can. I weep from listening to the Star Spangled Banner being played during the 4 th of July. I would gladly serve and die for my country and join the ranks of those who have done so throughout history. I will not make the same mistake twice. Sincerely Yours. God Bless You. God Bless America. (Signed by the Applicant)

 Documentation
Only the service and medical records were reviewed, as the Applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     970814 - 980222  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 980223               Date of Discharge: 981105

 Length of Service (years, months, days):

         Active: 00 08 13
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 84

 Highest Rate: GSMFA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

*No Marks Found in Service Record.

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

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

 Chronological Listing of Significant Service Events :

980830:  From Emergency Room to Psych Dept: Symptom – “I’ve been feeling angry and violent. I’ve been feeling like I’m about to blow up.”
         “I feel like the Navy has taken away anything I ever wanted. “They told me they were going to send me to a ship. That’s the worst thing they could do to me is send me to a ship.” He is angry that his recruiter misled him regarding citizenship application to the SEALS and ultimately for the Naval Academy. He completed some of the qualifications for BDS training, but was disqualified because he is not a citizen. He wanted to become a SEAL officer; “Now, they’ve taken all that away from me.” “There’s no way I want to go to a ship. I respect the people that go to ships and work hard.” What he would be doing in GSM does not interest him.
         Provisional Diagnosis: Situational Anxiety
980903:  NavHosp, Great Lakes, IL: Symptom – “I want to get out of the Navy.”
         It was explained to pt that his options are not truly lost but delayed. “That’s what everybody’s telling me.” “They don’t see my perspective….I just don’t want to go to a ship.” He cannot adjust to the idea that his wish to go BUDS/SEALS is delayed. He understands that there would be no guarantee he would make it, now or them. He is scheduled to transfer today. “I’m not going to transfer. If I do transfer, I’m not going to a ship.” “They’re trying to cage me in. They’re trying to back me up to a wall.” Pt was counseled on how he is backing himself into a wall over his rigidity regarding his personal plans. Pt became agitated, punching furniture and kicking his coat. He also began punching doors. He acknowledged he also had fleeting suicidal ideation without intent or plan. Pt acknowledges his temper problem has been worse “as I’ve gotten older, I’ve tried to control it.”
         Assessment: Personality disorder N.O.S., with narcissistic features.
         Recommend administrative separation. Placed on medical hold.
980908:  Mental Health, NavHosp, Great Lakes, IL: This 20 year old, single, Hispanic male with seven months continuous active duty was referred to the Mental Health Clinic of Great Lakes Naval Hospital because of fears that he would lose control. As he described himself, he was felling “angry and violent.” He had become acutely upset over discovering that he would not be able to pursue his goal of becoming a Navy SEAL. He had enlisted in the navy for six years specifically for that purpose. He felt misled by his recruiter regarding the citizenship requirement since both the Navy SEALs and the Naval Academy requires US citizenship. He currently is a resident alien. As he described it, “I feel like the Navy has taken away anything I ever wanted.” He had been enrolled in GSM “A” School which did not interest him, and he indicated “there is no way I want to go to a ship.” He spent a lot of time pursuing resolution of this problem and talked to several government agencies, including the Immigration and Naturalization Service, but felt that no one was able to help him. While he could recognize intellectually that only approximately one in four people graduate the BUDS/SEALS program, he still believed he would have made it. “I would much rather have died than quit.” He also was considering a career in the Navy, “but not as an enlisted man.” At the time of his evaluation, he denied thoughts of harming himself, but worried about angry outbursts toward others; “I feel unpredictable sometimes. I feel this anger sort of coming out of me.” While he had no prior history of psychiatric care or counseling, he described a long history of problems with anger. He explained that at the ages of 13, 16, and 20, he had hit things that could hurt him, and he would bang his head on the wall when angry. He indicated a history of problems behaving and problems of loss of control in dealing with other people and in adjusting to different circumstances.
         MENTAL STATUS: On examination, he was alert, oriented and cooperative. There were no psychosis or gross cognitive impairment. He was overtly angry with gross motor restlessness, rapidly pacing the office during the session, and making loud verbal outbursts. He kicked his coat around the office, and also punched the walls and a closet door during the session. His speech was clear, coherent, and pertinent. His eye contact was good. His judgment and insight were considered poor.
         FINAL DIAGNOSIS: PERSONALITY DISORDER, Not Otherwise Specified.
         RECOMMENDATION: Because of his personality disorder, he is disqualified from further useful Naval service, and he is recommended for Administrative Separation on that basis. In the interim, he has been placed on Medical Hold from orders transferring him to his ship.
980910:  Naval Hospital, Great Lakes, IL: Diagnosis: Axis II: Personality Disorder, NOS (301.9). Presents a continuing risk of harm to self or others. Recommend administrative separation.
980922:  Naval Hospital, Great Lakes, IL: “I’m all right.” “The thought of being able to go home gives me hope, I’m not happy.” He gets depressed “especially on the weekends,” missing his family. “I feel like I don’t have any friends here.” The feeling of depression and being lonely makes him “angry.” Sometimes, he still punches things “to get some of that frustration out.” He has bruised his knuckles. He has checked with legal department and has been told to get his separation physical. He feels he can handle the few weeks it will take for the separation process.
         Assessment: Holding on.
         Plan: Leave will be endorsed to help relieve some pressure. Return to counseling 1 month.
980928:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of convenience of the government on the basis of a diagnosed personality disorder as evidenced by diagnosis of personality disorder, not otherwise specified, by a medical officer on 10 September 1998.
980928:  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.
980930:  Commanding Officer, Service School Command, Great Lakes, IL, advised BUPERS of Applicant’s discharge under honorable conditions (general) by reason of convenience of the government on the basis of a diagnosed personality disorder, not otherwise specified, by a clinical psychologist on 10 September 1998.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 981105 under honorable conditions (general) for convenience of the government on the basis of a diagnosed personality disorder (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 in the Applicant’s case, the characterization of service should have been the “type warranted by service record.” The Applicant’s behavior and performance average markings could not be determined upon review of his service record and the documentation provided by the Applicant. Therefore, the Board presumed that the Applicant’s behavior and performance average markings were below the average required for honorable service. Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.

The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. Relief not warranted.

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. 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 21, effective
01 Sep 1998 until 19 May 99, 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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