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NAVY | DRB | 2004_Navy | ND04-00670
Original file (ND04-00670.rtf) Auto-classification: Denied


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


ex-SN, USN
Docket No. ND04-00670

Applicant’s Request
The application for discharge review was received on 20040317. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington D.C. area. Applicant did not respond.

Decision

A documentary 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 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: UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated
Applicant’s issues, as stated on the application:
1. “I served honorable and it was a medical problem that keep me from doing my first enlistment.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD-214 (Copy 4) (2 copies)
NAVPERS 1070/604, Navy Occupation/Training and Award History (3 pages)
 NAVPERS 1070/603, Enlisted Classification Record
 Applicants History of Assignments (NAVPERS 1070/605)
Administrative Remarks from Recruit Training Command
 Administrative Remarks, NAVPERS Page 13, dated August 12, 1991
 Administrative Remarks, NAVPERS, Page 13, dated September 19, 1991
 Administrative Remarks, NAVPERS, Page 13, dated November 15, 1990
 Administrative Remarks, NAVPERS, Page 13, dated June 05, 1990
Administrative Remarks, dated January 16, 1990
 Administrative Remarks from Commander, Navy Recruiting District, dated August 10, 1989
Applicant’s Enlisted Performance Record (NAVPERS 1070/609)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     890810 - 900116  COG
          Active: USN                        None
Period of Service Under Review :
Date of Enlistment: 900117               Date of Discharge: 910919

 Length of Service (years, months, days):
         Active: 01 08 03
          Inactive: None
Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 32
Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.00 (2)    Behavior: 2.10 (2)                OTA: 2.80

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

901113:  Applicant requested humanitarian reassignment.
901116:  CNMPC approved the humanitarian reassignment.

 910627:  Admitted to Walter Reed Army Medical Center, Psychiatry Ward: Applicant diagnosed with:
 AXIS I: Adjustment Disorder with mixed emotional features, alcohol abuse,
AXIS II: Developmental reading disorder,
AXIS III: S/P strabismus surgery with O.D. iritis,
AXIS IV: Moderate psychosocial stressors,
 AXIS V: GAF 50/70.
 Present condition: The patient exhibits a decreased level of irritability and anger. Applicant demonstrates greater initiative to attend and participate in therapeutic groups and is able to acknowledge his anger, but continues to have difficulty whit insight psychotherapy which is focused on his anger. Applicant is ambivalent about future service in the Navy.
 Recommendation: The psychiatrist recommended separation based on the inability to make plans or work in the Navy or civilian life. No suicidal or homicidal ideations since admission to Psychiatry were noted. The patient has received maximum benefit from the hospitalization
Discharge: He is mentally competent able to manage his own affairs, and can be discharged to his own care. It is recommended that the patient continue in outpatient psychotherapy at a Veterans Administration facility nearest his home. If administrative separation is accomplished, the patient will be transferred to the Newport Naval Hospital, Rhode Island, for further disposition.
910719:  NNMC Psychiatry triage evaluation: Applicant walked into clinic stating that he was going to kill another serviceman in his workplace. Follow-up evaluation 2 days ago patient stated he is ok, can wait 2 days for medical evaluation. Applicant had confrontation with CPO today. Patient was denied a humanitarian discharge from USN and was assigned to a homeport in Newport, RI. Applicant was drinking the equivalent of 12 beers per night around the time of his father’s death. In November, 1990 he received a humanitarian transfer to Indianapolis to be closer to his father. Patient moved frequently during his childhood and marital separation. Several conduct problems including fights, throwing cats from windows, which was resolved by adolescence.
Applicant agreed to follow plan:
 1.) Return to Newport as scheduled on 91July21.
 2.) Seek mental health appointment for further evaluation.
 3.) DAPA evaluation.
Diagnosis:
 1.) AXIS I: Adjustment Development disorder mixed disturbance of emotions and conduct and alcohol abuse.
 2.) AXIS II: deferred.
3.) AXIS III: S/P strabismus repair.

910723:  Medical Officer statement: Applicant was diagnosed with Bereavement versus Adjustment disorder and Alcohol Abuse.
HPIL: He reported a long history since adolescence of antisocial behavior and traits, lying, stealing, picking fights, fights with weapons, torturing cats, being irritable and aggressive and speeding in his car. Since entering into the Navy he apparently was disenrolled from Hospital Corps “A” school and has had conflicts with supervisors. About one year ago, he became frustrated because he feels his command did not support his desire for eye surgery. His father died of cancer 3 months ago – since then he has felt very angry, had low energy, anorexia (without weight loss), headaches, and ruminations about dying. Applicant’s supervisor said she ordered him asking where he could buy a gun. He then went to the Navy Exchange, bought a large knife, returned to Naval Hospital and inflicted 2 superficial lacerations on his left arm. He now say’s he desired to get a gun to “practice shooting.” When asked if he planned to shoot someone, he said, “I can’t remember.” He says he had suicidal thoughts when he cut himself. While at Bethesda recently for strabismus surgery, he had conflicts with peers in Medical Hold and he was seen in emergency psychiatric evaluation on 91July17 after he threatened to kill a peer. Applicant has no illicit drug abuse. Applicant also was diagnosis with:
 AXIS I : Adjustment Disorder with mixed emotional features, alcohol abuse,
AXIS II: Developmental reading disorder,
AXIS III: S/P strabismus surgery with O.D. iritis,
AXIS IV: Moderate psychosocial stressors,
AXIS V: GAF 50/70.
Recommendation: No need for labs, medication, or hospitalization. Applicant is not presently suicidal or homicidal. Counseling and supportive psychotherapy offered. Medical Officer states that Applicant is psychiatrically fit and suitable for full duty, aware of recommendations and responsible for his actions.
910826:  Naval Hospital Newport MHU: Routine follow-up for Applicants alcohol abuse, adjustment disorder, and antisocial personality disorder. Applicant was hospitalized at Walter Reed Army medical center psychiatry from 910627 to 910824 with discharge diagnosis of adjustment disorder; personality, NOS; and was recommended for administrative separation. Applicant broke furniture and attempted to slit his wrist and continued to have poor interpersonal relations with staff. Applicant said he was thinking of killing someone and having bad thoughts of suicide. If Applicant stays in the Navy, he is at very high risk of harming himself and others.
          Impression: Diagnosis on above. I do not feel that he has conditions hallucination but rather is verbalizing his thoughts and that he is malingering in an uncompulative attempt to obtain a medical board.
910812:  Applicant was offered in-patient treatment for alcohol/drug dependency at a VA hospital but declined.
910830:  Medical Officer statement: Routine follow-up for the Applicant was psychiatry fit, but in suitable for full duty because of his personality disorder. Patient requests convalescent leave to take care of personal affairs. He continued to discuss his anger at his perceived mistreatment in the military. He says that he saw Ophthalmology and they did not recommend surgery on a medical board.
Plans:
 1.) Follow-up in one week.
2.) He is not presently suicidal or homicidal and is responsible for his actions.
 3.) If he consumes alcohol, his risk of misconduct, alcohol abuse or abuse of drug increases.
4.) I support routine annual leave, but convalescent leave not indicated. Applicant is not presently suicidal or homicidal and is responsible for his actions. Affects from his disorder may consist of argumentative and confrontational.
910906:  Medical Officer statement: Routine follow-up at Newport MHU for applicant’s Alcohol abuse, Adjustment disorder and Antisocial Personality disorder. Applicant’s supervisor said she ordered him asking where he could buy a gun. He then went to the Navy Exchange, bought a large knife, returned to Naval Hospital and inflicted 2 superficial lacerations on his left arm. He now say’s he desired to get a gun to “practice shooting.” When asked if he planned to shoot someone, he said, “I can’t remember.” He says he had suicidal thoughts when he cut himself. Applicant is not presently suicidal or homicidal; cannot guarantee he will not accidentally or intentionally harm to himself or others. Counseling and support was offered to Applicant.
910912:  Applicant notified of intended recommendation for discharge with a least favorable characterization of under honorable conditions (general) by reason of convenience of the government due to diagnosed personality disorder as evidenced by the psychiatric evaluation dated 910826 from Naval Hospital Newport, Rhode Island.
910912:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. Applicant did not object to this separation.
Undated:         Commanding Officer advised CHNAVPERS of Applicant’s discharge under honorable conditions (general) 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. Commanding Officer’s comments (verbatim): SN M_ (Applicant) has been diagnosed as having an adjustment disorder with mixed emotional features including impairment of occupational an social functioning, personality disorder not other wise specified with displays of intense anger, self-mutilating behavior and destruction of property, as well as alcohol abuse (command provided proper medical documentation). He is rebellious, aggressive and violent toward authority. If his requests are not immediately catered to, he will literally throw a “temper tantrum.” SN M_ (Applicant) is a menace to good order and discipline. These maladaptive behaviors have significantly interfered with his performance of duty. He has no potential for further naval service. Because the medical officer has indicated he may accidentally or intentionally harm himself or others in an attention seeking gesture (medical document provided), I have expeditiously discharged SN M_ (Applicant) on 19 September 1991, with a discharge characterized as type warranted by service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19910919 under honorable conditions (general) 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 and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).
Issue 1: The Applicant’s discharge characterization accurately reflects his service to this country. Normally, to permit relief an impropriety or inequity must have existed during the period of enlistment in question. No impropriety or inequity occurred during the Applicant’s enlistment. The Board found that in the Applicant’s case, the characterization of service should have been the “type warranted by service record.” A review of Applicant’s records indicated his service was properly characterized as under honorable conditions (general). Applicant’s performance and behavior marks were below the standard required for an honorable discharge and there was nothing in the record to suggest that the Applicant’s service was so meritorious that his service otherwise warranted an honorable discharge. Relief denied.

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), effective 15 Aug 1991 until 04 Mar 1993, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 04 Mar 1993, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - BASIS OF PERSONALITY DISORDER.

C. 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.

D. 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.
E. 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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