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NAVY | DRB | 2004_Navy | ND04-00668
Original file (ND04-00668.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND04-00668

Applicant’s Request
The application for discharge review was received on 20040316. The Applicant requests the narrative reason for the discharge be changed to “Navy Expeditious Discharge.” 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 20041008. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the narrative reason of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the narrative reason 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 stated

Applicant’s issues, as stated on the application:

1. “My discharge was “Inequitable” because it was based on one isolated incident, and the reason of my discharge was not recommended by my Medical Officer cause it was no longer an issue. I was discharged for a medical reason which no longer existed. The reason of my discharge is not consistent with the policies and traditions of the service.
My discharge was “Inequitable” because it was based on one isolated incident.

I was discharged from the service, by the recommendation of the Physician from the Naval Hospital at Portsmouth, VA. Which recommended “EXPIDITIOUS” administrative separation for “UNSUITABILITY” in my TRANSDISCIPLINARY DISCHARGE FORM. (Which I took the liberty to highlight).

Which means my separation code was suppose to be: “JHD” (Navy Expeditious Discharge) or “BHK” (Unsuitability, Substandard Performance).
But instead, the Medical Department of my ship (USS BATAAN LHD-5) put JFX (Personality Disorder) on my record. Why? I guess because my Medical records from Portsmouth happen to mention certain “Traits” of Personality Disorder, which was banal, cause it wasn’t nothing permanent, nothing a simple therapy could not fix (which was the case). And the Doctors firmly state that: “The patient made significant improvement and did show any Personality Disorder Behavior”. I was return to Full Duty after treatment.
Maybe the Medical department of my ship didn’t take notice I was completely treated and did not show any signs of Personality Disorder.

Why I was discharge so fast without been referred for further evaluation?
Why my reason for separation was Personality Disorder, which no longer had after my therapy? Why I was discharge anyway, if I was fit for Full Duty?

The Doctor at Portsmouth never recommended a discharge for Personality disorder.
Why my command, discharge me for a medical reason which no longer existed?
I didn’t show any sign of personality disorder after treatment, that’s why I was release from the Hospital in the first place.

The reason of my discharge is not consistent with the policies and traditions of the service.”

Sincerely,
M_JL_ (Applicant)





 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copies of DD Form 214 (2)
Copy of Evaluation Report & Counseling Record (2)
Copy of Transdisciplinary Discharge Form
Copies of Medical Documents (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     010723 - 010730  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010731               Date of Discharge: 021216

 Length of Service (years, months, days):

         Active: 01 04 15
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 42

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (2)    Behavior: 3.00 (2)                OTA: 2.75

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, BATTLE “E”, NDSM, NUC

 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 :

021122:  Senior Medical Officer: FA J_ was evaluated by NMCP Psychiatrist and diagnosed with Occupational Problems, Alcohol Dependence, and Personality Disorder with Borderline Antisocial & Narcissistic Traits. His condition is a longstanding disorder of character and behavior, which is of such severity to interfere with serving adequately in the military. Although not imminently suicidal or homicidal, he is a continuing risk of harming himself and others due to impulsive destructive behavior. The patient was evaluated by staff psychiatrist, LT C_, MC USNR who recommended that he be expeditiously administratively separated from the service on the basis of the above listed diagnosis for the convenience of the government per MILPERSMAN 1910-122.

021126:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of convenience of the government on the basis of a diagnosed unspecified personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service as evidenced by medical officer evaluation dated 021122.
021126:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
021218:  Commanding Officer directed discharge with a honorable by reason of convenience of the government on the basis of a diagnosed unspecified personality disorder. Commanding Officer comments: In the psychiatrist’s opinion, he is a continuing danger to himself or others and unsuitable for further military service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20021216 with a 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 stated that his discharge was inequitable since it was based on an isolated incident. After reviewing the Applicant's entire service record, the Board found that the characterization of the Applicant's discharge as other than honorable was equitable. T he Board finds that the narrative reason for discharge reflects the Applicant's mental health status at the time of his discharge, as diagnosed by a properly credentialed medical provider. The Applicant posed a risk of harm to himself or others and was therefore expeditiously processed for administrative separation in accordance with DOD and DON regulations. "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.

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. 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), re-issued October 2002, effective 22 Aug 2002 until Present, 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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