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NAVY | DRB | 2003_Navy | ND03-00651
Original file (ND03-00651.rtf) Auto-classification: Denied


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

ex-FN, USN
Docket No. ND03-00651

Applicant’s Request
The application for discharge review was received on 20030304. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests 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 20040205. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: ENTRY LEVEL SEPARATION/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

 1. “My discharge was unnecessary and unjust because it was based on one isolated incident in five (5) months of service with no other adverse action. My pre-service civilian conviction, properly listed on my enlistment documents, was also used in the discharge proceedings.
I am requesting reinstatement and an upgrade of my discharge for the following
reasons:

•        Misdiagnosed as having a personality disorder.
•        No pre-service experience or history of depression.
•        Depression was a reaction to the sudden and violent deaths (murder) of 2
childhood friends on June 10, 2002 and my uncle, S_ B_ on July 22, 2002 (Document 4). His death was hard to accept because I considered him to be my father. He raised me from age 7 to 15.
 •        Depression lasted only one week with no adverse actions. It was not severe or chronic.
 •        I was not hospitalized. It was not required or recommended.
 •        During this time, I was having surreal dreams and nightmares of my own death. This occurred for only 3 nights. These were only dreams, not actual thoughts of death or ending my life.
•        Medication prescribed, Celexa, was effective because no increase in dosage or further medicines was required or recommended.”
2. “My achievements during my time of service:

 •        Served as divisional mail Petty Officer at Recruit Training Company without incident. Job was assigned to me by the Recruiting Division
 Commander because of my responsibility and leadership skills.
 •        No disciplinary action of any kind at Recruit Training Company and Naval Training Command.
•        No arrests or incidents with military and civilian personnel on and off military base.
•        Performed my military duties with little or no supervision and without difficulty or incident.
•        Successfully completed Common Core Course #499 with 90% (89.69%), Building 236, telephone number (847) 688-5428.
•        Adept at working with people. I was able to view problems in a positive way and propose solutions.
•        Treated military and civilian personnel and classmates with dignity and the utmost respect.”

 3. “My post service achievements:

•        I have and will maintain health and fitness standards of the U.S. Navy.
•        No police involvement.
•        No arrests, felonies, convictions, warrants or misdemeanors.
•        No use and abuse of drugs or alcohol. They are not a part of my life.

In addition to the reasons listed, I am seeking an A.A.S. degree in lithography by utilizing the Montgomery G.I. Bill. I am involved with the Phoenix Rescue Mission and serve food to the homeless and disadvantage. The medical and health care benefits are also of high importance. I am in excellent health, personable, friendly, high energy, and very reliable. I have strong work ethics and values and a good, positive attitude toward everything in general. I strongly believe that my Native American cultural beliefs were not considered when I was discharged. During the counseling session with the clinic psychologist she never addressed my cultural beliefs and how they played into the grieving process. These are the reasons why I should be reinstated into the U.S. Navy with honor, courage and commitment.”

Any questions or concerns can be directed to me at: (address deleted) (telephone number deleted). E-mail: (email address deleted).
Please accept my sincerest thanks for reviewing my application and I hope that the outcome will be a positive one.
 Sincerely,
G_ B_ (Applicant).”
 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
         
Memorial Service Card for Applicant’s UNCLE
Copy of DD Form 214
Cover Letter from Department of Veteran Affair dated February 14, 2003
Character Reference Letter from N___ Y___ Optician dated January 20, 2003
Character Reference Letter from S_ Y__ District USPS Clerk dated January 13, 2003
Character Reference Letter from D_ J. C___ Supervisor GEL Southwestern Indian Polytechnic Institute dated November 24, 2002
Letter of Recommendation from L__ S___, Training Instructor Offset Lithography
Letter of Evaluation from B___T__, MD Department of Health & Human Services dated January 24, 2003
Summary of Military Courses

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     020128 - 020325  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 020326               Date of Discharge: 020820

 Length of Service (years, months, days):

         Active: 00 04 25
         Inactive: None

 Age at Entry: 31                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 42

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: NOB             OTA: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

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

ENTRY LEVEL SEPARATION/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

 Chronological Listing of Significant Service Events :

020717:  Psychological evaluation: SNM has been evaluated in the Mental Health Department and is considered unsuitable for military service. SNM is diagnosed with the following disorder which existed prior to enlistment. The service member was not diagnosed with this condition prior to enlistment, and had this condition been diagnosed by the Military Entranced Processing Station, SNM would not have been accepted for enlistment. At this time, the condition is sufficiently severe to impair significantly the member’s ability to function effectively in the military environment . This disorder is not considered amenable to effective treatment in the military setting. If the service member is retained he is considered to present a risk for deterioration in functioning and/or a continuing danger to himself or others.

DSM IV Diagnosis:        Axis I: 296.24, Major Depressive Disorder, Single Episode, Severe with Psychotic Features, EPTE
                                     Axis II: 301.6, Dependent Personality Disorder, EPTE.
020725:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible general (under honorable conditions) 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 as evidenced by psychotic evaluation dated July 17, 2002.
020725:  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.
020801:  Commanding Officer recommended discharge with a entry level separation 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020820 with a entry level separation 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 was diagnosed with "Personality Disorder with Major Depressive Disorder, Single Episode, and Severe Psychotic Features, by competent medical authority, and was recommended for expeditious administrative separation from the Navy. "Personality Disorder" is an accurate narrative description of the reason for the applicant's discharge. The contention that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to revise official records that were accurate at the time of issuance. Relief denied.

Issue 2. While the Applicant’s achievements during his short period of service is acknowledged, b y regulation, members discharged within the first 180 days of enlistment are given characterization of service "Uncharacterized" unless there were unusual circumstances regarding performance or conduct, which would merit an "honorable" characterization. Applicant's service record did not contain any unusual circumstances during his less than five months in the military to warrant a change of discharge to "honorable." Relief denied.
Issue 3. The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, the Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board.

The following is provided for the edification of the Applicant. 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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. At this time the Applicant has not submitted sufficient documentation for the Board to consider.

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 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 33, effective
14 Aug 2001 until 21 Aug 2002, 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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