Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-01296
Original file (ND02-01296.rtf) Auto-classification: Denied


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

ex-DCFA, USN
Docket No. ND02-01296

Applicant’s Request
The application for discharge review, received 020911, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030722. 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 requested counseling on multiple occasions due to inability to sleep in limited quarters and for short periods of time. I was evaluated by Navy Psych Department while I had been deprived of sleep for many days and then labeled as having a "Personality Disorder". Please review the attached letter from my long time physician and consider omitting "Personality Disorder" from my DD 214 #28 and change my discharge to Honorable. I have suffered man lost opportunities because I have been unfairly labeled. I have no such problems, and have never had a personality disorder. I am now 20 years old, healthy-as my physician states,

Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION." None were found.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
DD Form 149, dated June 10, 2002
Letter from medical doctor, dated October 17, 2000
Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     990120 - 990331  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 990401                        Date of Discharge: 000508

 Length of Service (years, months, days):

         Active: 01 01 08
         Inactive: None

 Age at Entry: 17 Parental Consent                Years Contracted: 4

 Education Level: 12                                 AFQT: 61

 Highest Rate: DCFA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 1.00 (1)                OTA: 2.00

 Military Decorations: None

 Unit/Campaign/Service Awards: BEA

 Days of Unauthorized Absence: None

 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 :

990723:  Applicant referred to this office by his LPO. Applicant is currently attending DC "A" School and maintaining a 86% average. Applicant states that he went to see a chaplain but "all he did was tell me that I needed God in my life". Applicant states he has "been on own" since age 15. Applicant states that his mother had him when she was 16 y.o. and that she & his father divorced when he was approx 2 yrs. old. He states not seeing his father again until he was 11-12 yrs old. He has moved around many times - living in Florida, Mass & Mich. Moving several time between Mich & Florida. Applicant's mother lives in Florida and father in MI. He has lived with his grandmother at times and in "runaway shelters". He has had at least 6 different jobs since age 15 - the longest one lasting 2 months, He reports a history of self mutilation (chewing/biting his finger and on at least one occasion driving a staple into his arm). Applicant states that he used cocaine and cannabis "a lot" from the ages of 13-14 to 16. He states being suicidal on 2 different occasions around age 16. He denies current SI or HI. He denies ever attempting suicide. He denies ever being arrested. He denies history of fighting. He states punching walls and "My mother said I threw a lot of fits when I was a kid". Applicant states attending family counseling with his mother/stepfather at age 7-9 and again with his real father at age 12-13 years. Applicant states that he manipulates people a lot and justifies to himself why he does it. He appears insightful to what he is doing but continues to "justify" why he does it. "I get bored easy once I figure someone out." Applicant related manipulating many people to include teachers, counselors, health care professional, etc. He has a law tolerance for "boredom" and has moved, quiet jobs, and dropped out of school over it ___. Applicant quit school and obtained his GED at ages 15 and 16. Applicant is currently stable and low risk for harm. He is to return for 1 on 1 session Monday, 26 July 99 as 1000 hours.

990730:  Applicant verbalized his feelings about "justification" and how he does this frequently. "I'm glad I've had these experiences because I learned a lot from them." Our experiences make up who we are." Applicant was given feed back concerning his experiences (as mentioned above) and how we do learn from difficult situations in our lives but we also develop problems, etc. when raised with a lot of dysfunction and develop ineffective coping skills. Applicant was somewhat receptive to feedback concerning his manipulative and irresponsible history. When read the criteria for antisocial PD. Applicant agreed that some of the criteria described him but he did not agree that there is anything wrong or needing to be changed. Applicant denies SI or HI. He is currently stable and low risk for harm. Applicant reports continued success in school. Applicant was offered continuation of 1 on 1 sessions and declined. He was instructed on AMH services and encouraged to return if so needed or desired in the future.

991107:  Applicant has history of taking anti-depressants and now complains of being depressed and not being able to cope sociably. Please evaluate.

991116:  Medical Department: Applicant requesting a consult for psych due to "feeling depressed". Applicant states as a child his mother would give him anti-depressants because she felt he was depressed. Applicant states he feels he can't talk to people and people don't understand him. Applicant has talked to the Chaplain and the Chaplain has setup classes with family service center. A: R/O depression. P/O: Routine consult to psych sent with Applicant having a scheduled appointment on 2Dec99. Applicant contracted for safety.

000104:  Applicant notes a recurrent problem of liking people or job for while and then "feeling miserable" and wanting to move away. Although he dislikes his USN duties, he states he is doing well enough. He denies any persistent SI, no history attempts. When he made appointment he had in mind that he might get anti-depressant medication. (Note: was on Zoloft for several months at age 14 at urging of his mother, an RN; he thought it was ineffective). Recommend RTFD. Recommend OCIP at NMCP. Applicant sent for screening immediately following this meeting….

000118:  Applicant diagnosis with occupational problem and borderline traits (See SF 513 dated 4Jan). Applicant reported 1 percent stressor dissatisfied with naval service. Applicant recognized a pattern in his life where he starts something (like a new job) but then grows to hate it and wants to move away. Applicant describe chaotic upbringing with disruption in family by divorce, uncertain paternity and abuse. Applicant consequently has struggles with identity, trust in other, and feels unable to get close to others in relationships. He is motivated to change these things but uncertain how which is why he has enrolled in the program. He admitted to fleeting SI since teen but no intent or attempt. No ETOH abuse/dep. He does have past history of illicit drug use PTE, none since. Plan: Enroll in OCIP x 5 days.

000121:  Applicant reports life script of depressive episodes where he feels hopeless and unhappy. He describes a childhood of emotional and physical abuse at hands of step father. He was forced to live with his natural, divorced father whose wife was emotional abusive father. After this, he was shipped from one living situation to another. Now he experiences general feelings of distrust/insecurity. The patient presents as honest and intelligent. I feel that his is motivated to learn and grow.

000121:  NMCP OCIP completion Note: Dx: Axis I: Occupational problem. Axis II: borderline personality traits. Recommendations: 1: Return to full duty, psychiatrically fit for the same. 2. F/U with Dr. W_ as scheduled. 3. Continue individual counseling through NFSC. 4. NMCP POC psychiatrist Dr. W_.

000127:  Applicant returns upon completing OCIP. On the whole he found the program "boring" but did find some group sessions useful. He has not followed through with their recommendation to continue individual counseling at NFSC. In the context, Applicant notes that he is "kind of tired of talking to people." I advise Applicant to resume sessions with his individual counselor. Applicant understands he may return here if circumstances change.

000424:  Medical Department: Applicant sent to medical today after trying to kill himself by taking Excedrin pills on Thursday of last week. Applicant states he took 12-13 pills at around 12 or 1 am. Applicant states that he felt numb the next morning and the rest of the day. I sat down with Applicant and talked with him about the night in question. He stated that he just felt mad and depressed and felt like this was the thing to do. Applicant doesn’t' want to contract and feels if these feelings happen again that he would probably try again. I feel that he should be seen by psychology department Naval Hospital Portsmouth VA. Applicant seems angry and edgy when talking to him. He also gets very aggressive sometimes.

000424:  Department of Psychiatry: Diagnostic Impressions: Axis I: Adjustment disorder. Axis II: Personality disorder NOS, with antisocial and borderline traits. Axis III: None reported. Axis IV: Occupational stressors.
000427:  Division of Psychiatry: Diagnosis: Axis I: Adjustment disorder with mixed disturbance of emotions and conduct. Axis II: Personality disorder and with borderline antisocial features. Axis III: No diagnosis. Axis IV: Routine stressors of military life.
000427:  Retention Warning: Advised of deficiency (1 - Inability to adjust to military life. 2 - Inability to display an attitude conducive to Repair Locker and Damage Control Training during General Quarters Drills. 3 - Inability to work in a positive manner with Repair Locker personnel during General Quarters Drill as evident with you removal from your repair locker during today's drill, notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
000508:  DD Form 214: Applicant discharged with a general (under honorable conditions) by reason of convenience of the government on the basis of a personality disorder.

Discharge package missing from service record.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 000508 with a general (under honorable conditions) 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).
A characterization of service of general (under honorable) conditions is warranted when the member’s performance constitutes a departure from that expected of a Sailor. The Applicant’s service was blemished by poor performance as it was reflected on his performance evaluations. The Applicant’s performance and conduct, which form the primary basis for determining the character of his service, reflect his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. Relief denied.

Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. Relief denied.

Regarding changing the narrative reason for separation, 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 was suffering from a personality disorder which is the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the he was discharged. To change the Narrative Reason for Separation would be inappropriate. Relief denied. The Applicant may petition to the Board of Correction of Naval Records (BCNR) if he believes the medical evaluation to be incorrect.

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. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. Evidence of continuing educational pursuits, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.

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

Similar Decisions

  • USMC | DRB | 2006_Marine | MD0600069

    Original file (MD0600069.rtf) Auto-classification: Denied

    MD06-00069 Applicant’s Request The application for discharge review was received on 20051004. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 1) Orthopedic Status Report, dtd October 22, 1999 Applicant’s State of Texas – Academic Achievement Record Applicant’s Employment activities Character Reference ltr from L_ P. S_ (Applicant’s mother), undated (7 pages) PART II - SUMMARY...

  • NAVY | DRB | 2001_Navy | ND01-00083

    Original file (ND01-00083.rtf) Auto-classification: Denied

    ND01-00083 Applicant’s Request The application for discharge review, received 001020, requested that the characterization of service on the discharge be changed to honorable. Pt denied any suicidal/homicidal ideation or history of same. Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective 20 May 99 until 26 March 2000, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s) B.

  • NAVY | DRB | 2006_Navy | ND0600203

    Original file (ND0600203.rtf) Auto-classification: Denied

    ND06-00203 Applicant’s Request The application for discharge review was received on 20051116. This was known throughout my department and that was the reason DTI P_ advised me to report to the off base hospital instead of our ship that night. Denied knowledge of (family psychiatric) history.

  • AF | PDBR | CY2014 | PD-2014-01598

    Original file (PD-2014-01598.rtf) Auto-classification: Approved

    SEPARATION DATE: 20081107 The CI was also diagnosed with an adjustment disorder and a personality disorder that the PEB “found to be not compensable, although they may be administratively unfitting.” This case is eligible for review under the stipulations of the MH and Review Program as elaborated in the Scope above and, in accordance with VASRD 4.130 (mental disorders), only one disability rating may be provided for MH (except eating disorders) based upon total social and occupational...

  • NAVY | DRB | 2002_Navy | ND02-01017

    Original file (ND02-01017.rtf) Auto-classification: Denied

    I want to be proud of joining the Navy but it's difficult and painful. I am Navy and Unfortunately, this issue does not serve to provide foundation upon which the Board can grant relief.

  • NAVY | DRB | 2000_Navy | ND00-00339

    Original file (ND00-00339.rtf) Auto-classification: Denied

    My discharge was inequitable because it was based on one deficiency incident in 8 months 13 days of service with no other adverse action.After a review of the Former Members (FSM) DD Form 293 application for Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, it is found that Mr. Jones requests a change of the reason code on his Honorable discharge, requesting the narrative reason for separation of personality disorder be...

  • NAVY | DRB | 2006_Navy | ND0600189

    Original file (ND0600189.rtf) Auto-classification: Denied

    ND06-00189 Applicant’s Request The application for discharge review was received on 20051107. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Treatment Plan: 8 months LIMDU away for stressor, Depakote for treatment of impulse control/lability, Individual psychotheraphy @ Fleet and Family services, NMCP outpatient crisis intervention program Limitations: Shore duty only – no weekends, nights, or rotating shifts.

  • NAVY | DRB | 2006_Navy | ND0600056

    Original file (ND0600056.rtf) Auto-classification: Denied

    Applicant is not currently suicidal. Plan: (1) Applicant readily agrees to present to corpsman on ship if suicidal ideations recur. Regarding the presumption of regularity in government affairs, in the absence of the administrative separation package, the Board presumed that the Applicant was properly notified of the proposed separation, afforded the opportunity to elect or waive his applicable rights, and that the separation authority approved the basis for discharge and characterization...

  • AF | PDBR | CY2014 | PD2014 01020

    Original file (PD2014 01020.rtf) Auto-classification: Approved

    The DDForm 2808, Report of Medical Examination, listed PTSD with anxiety disorder; the psych NARSUM listed PTSD and depression, NOS. The MEB forwarded PTSD and depression which was adjudicated by the PEB as PTSD with depression.Since the service acknowledged and rated the PTSD condition and offered separation in compliance with §4.129, as noted above, this case did not appear to meet the inclusion criteria in the Terms of Reference of the MH Review Project. RECOMMENDATION : The Board...

  • AF | PDBR | CY2013 | PD-2013-01338

    Original file (PD-2013-01338.rtf) Auto-classification: Denied

    On admission the CI reported worsening depression and anxiety symptoms, auditory hallucinations of people calling her name and anger episodes involving hurting herself, though she denied SI or homicidal ideation (HI). BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were inconsistent with the VASRD in effect at the time of the adjudication.The Board did not...