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NAVY | DRB | 2004_Navy | ND04-01033
Original file (ND04-01033.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND04-01033

Applicant’s Request
The application for discharge review was received on 20040614. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “other designated physical or mental conditions.” The Applicant requests a personal appearance discharge review before a traveling panel. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington, D.C. area. The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary review was conducted in Washington, D.C. on 20041222. 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. However, an impropriety was discovered in the Narrative Reason for Separation. The discharge shall change to: GENERAL (UNDER HONORABLE CONDITIONS)/SECRETARIAL AUTHORITY, authority: NAVMILPERSMAN, Article 1910-164 (formerly 3630900).


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on her letter:

1. “I S_ R_ A_, Docket Number ND04-01033, submitted an application for a request of characterization of separation from general under honorable conditions to honorable. I also requested a change in the reason for my separation. Currently, on my DD-214 the reason for my separation states personality disorder as the narrative reason, which I was never diagnosed with. When I originally submitted an application I requested reason for separation be changed to other designated physical or mental condition. Since, then I have done a little research and would like to request a physical disability separation. I feel that I am entitled to a physical disability separation because I am currently receiving 50% service connected disability from the VA for Migraines and Depression. I feel that my narrative reason on my DD-214 should be relative to my disabilities. I also strongly feel that my disability should have been my reason for separation from the military.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214 (2 copies)
Service Record Documents (20 pages)
Certificate of Live Birth
Custodial Designation and Appointment of Guardian (3 pages))
PCS Orders (8 pages)
Service Record Documents (27 pages)
Southern Guilford High School Diploma
Copy of Social Security Card
Copy of North Carolina State Driver’s License
Copy of Service Record Documents (13 pages)
Memorandum from H_ M. K_, M.D., Board Certified Psychiatrist (4 pages)
Mental Health Evaluation in the case of SR S_ A_ (Applicant) (4 pages)
Department of Veterans Affairs, Decision on Claim for Service Connected Compensation (11 pages)
Letter from Applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     020131 - 020409  COG
         Active:                            None

 Period of Service Under Review :
Date of Enlistment: 020410               Date of Discharge: 021024

 Length of Service (years, months, days):

         Active: 00 06 15
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 59

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

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

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 :

021003:  Applicant attempts suicide by cutting her wrists.

 021004:  Applicant diagnosed with Adjustment Disorder with depressed mood. The psychiatrist recommended separation based on the Applicant’s diagnosis that does not meet retention standards for continued military service. The Applicant’s ability to function in the military environment is significantly impaired on a long-term basis. Applicant was considered potentially dangerous as she reported suicidal thoughts in the past and has made a serious suicide attempt. The Applicant was seen as an imminent risk of harm to self or others under times of stress, and represents a definite liability risk for the Navy. Attempt at rehabilitation would probably prove futile and potentially dangerous.

021008:  Applicant notified of intended recommendation for discharge with a least favorable characterization of 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 59 th MDW/MMCUI, Lackland Air Force Base, Texas, evaluation of 021004.
021008:  Applicant advised of rights and having elected not to consult 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.
021009:  Commanding Officer directed the Applicant's discharge with a general (under honorable conditions) by reason of convenience of the government on the basis of a personality disorder.

031205:  Veteran’s Administration determines that the Applicant’s dysthymic disorder and migraine headaches are service connected. Applicant is granted an overall combined rating of 50%.

Complete discharge package unavailable

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20021024 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). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this, the Board found that the discharge was proper and equitable, however the Board also found that the Narrative reason for Separation was inequitable (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1: The Applicant contends that she was suffering from a mental or physical disability as opposed to a personality disorder. The Applicant was diagnosed with an adjustment disorder vice a personality disorder by a competent medical authority on 021004. As a result, the evidence of record indicates that the Applicant’s Narrative Reason for Separation, personality disorder, is inappropriate. In cases where no other reason for separation set forth in the Naval Military Personnel Manual is appropriate, but where separation of a member is considered to be in the best interest of the service, the Secretary of the Navy has the authority to direct the separation of any member prior to the expiration of their term of service. Therefore, the NDRB determined that the reason for the Applicant’s discharge shall change to Secretarial Authority. Relief granted.

In the Applicant’s case, the characterization of service should be the “type warranted by service record.” Based upon her service record, the Applicant had no disciplinary history during her active duty time and had committed no misconduct. She was rated on her enlisted performance evaluation with an overall trait average of “2.00”. Current regulations require the separating authority review the overall service record of the member to determine an appropriate characterization of service. An overall trait average of “2.49” or below is sufficient to justify the award of a general discharge at the end of a members obligated term of service. Furthermore, nothing in the Applicant’s service record is of such a meritorious nature that would require an honorable discharge as the only appropriate characterization of her service. Thus, based upon her overall trait average of “2.00”, a general discharge is an appropriate characterization of the Applicant’s service. The Board presumes regularity and finds the discharge proper and equitable. Therefore, relief is 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. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to her discharge 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), re-issued October 2002, effective 22 Aug 2002 until Present, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorders.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .
C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .
D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.


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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023


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