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NAVY | DRB | 2005_Navy | ND0501203
Original file (ND0501203.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-SR, USN
Docket No. ND05-01203

Applicant’s Request
The application for discharge review was received on 20050713. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable or general (under honorable conditions). The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060209. 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 and reason for discharge shall not change. The discharge shall remain Uncharacterized by reason of defective enlistment and induction due to erroneous enlistment.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“I went into the service with a disability of Hypothyroidism (under presumption of soundness to be fit for enlistment), my recruiter new of this disability and failed to do the proper waiver that was required for enlistment. I was denied my proper medications and treatments during training, which led to depression, and other medical conditions that were misdiagnosed and resulted in my becoming sick both mentally and physically. The reasoning for my discharge was taken out of my hands, no help was offered, and I was failed by both my recruiter to ensure my paperwork was done correctly to ensure that I was taken care of as well as my chain of command by listening to my valid complaints and ensuring that that I had the proper medical care.

 To whom it may concern,
My name is T_ A. D_(Applicant) and I am requesting an upgrade to the Characterization of Separation from the U.S. Navy on December 20, 2002. I feel the reasons stated for Separation is improper due to medical events, and consequences that I was not made aware of at the time of my enlistment and Separation. I feel the following issues are pertinent to my request.

a. (1) my Recruiter failed to do his job properly.
b. (2) medical station at processing failed to fill my thyroid medication.
c. (3) diagnosed Borderline Personality Disorder

1) In December of 2001, First Class Petty Officer D_ G_ called and wanted to meet with me to explain the benefits that the Navy had to offer. I meet with him twice more before I decided to take the application for Service to the Armed Forces. I had to fill out the application three different times regarding the question “have you ever seen a psychologist, therapist, or councilor” The first time I brought the application home my Mother helped me fill it out. I answered yes to the question, and I put down psychologist, high school councilors, and therapist. I meet with the Recruiter and gave him the application and signed all the proper paper work, including the release of medical information. My recruiter looked it over and informed me that I filled out the application wrong. The second time I filled it out I left out psychologist and put down councilors. The third time my recruiter told me to say no, that the question applied if weather or not I had been in a hospital for any mental illness. I feel the recruiter had me fill out the application many different times until I put the answer he wanted. I was not made aware of the proper procedure of obtaining a waiver for mental status if the Applicant had ever seen a therapist or psychologist, and that it was required for my enlistment, until the time of my discharge. I feel that the my recruiter did not want to take the time to do the proper procedures to get a waiver. I did not understand at the time why he had me fill out the application so many times. I feel that “no waiver for psych “ had a direct impact on the reason for my Discharge as Erroneous Enlistment.

2) On November 21, 2002, I entered the Naval Processing Station. Upon entering processing, all of my civilian items were confiscated. One of which was my medical prescription of Lavoxyl, that is for my thyroid. About the third or fourth day I saw the first doctor for medical processing, and it was noted that I have Hypothyroidism and was given a note to give to my RDC’S to go and see another doctor to have my thyroid checked. The second doctor I was sent to, by the first doctor, only treated me for my cold and gave me pain relievers for my headaches. and never followed through with the first doctors orders to check my thyroid and give me a prescription for thyroid medication. He checked me over and said he was going to let the first doctor fill my thyroid prescription. I got lost in the shuffle and was never issued orders to go back to the first doctor to get my prescription filled. The Processing doctors failed to notify my Recruit Division Commanders that I did not receive a prescription, and with the proper medical knowledge they would need to ensure my physical, and emotional well being. I feel that my RDC’s should have been provided this information for my proper medical treatment and fair evaluation. As each day passed without my medication I began to get physically ill and tired. I became stressed emotionally, depressed, on edge, and mentally slow. I started getting headaches, my chest hurt and my joints and muscles started hurting, especially m right foot. I was sent to the doctor for my foot twice, after the second time the doctor told me he didn’t see any thing wrong with my foot. By this time I had been without my thyroid medication for about 2 and a half weeks. The flue shot was making me sick, and bronchitis had set in. My headaches became more sever. On December 11, 2002 I had a chance to call home, my mother asked me if I was taking my Thyroid medication, I informed her that I was not issued any. The next morning my mother called and talked to the Division Commander First Class Petty Officer Meyers, and told him that I was not receiving my medication and that not having it can make me ill. First Class Petty Officer M_ informed Chief H_ I was not getting my thyroid medication and she came and asked me about my thyroid, she said you haven’t had it since you have been here have you? I told her no. She told me as soon as I get off Ship Duty to go to medical to get a prescription for my thyroid and other medical care that was brought on because of the lack of thyroid medication. The doctor said he would put in orders for a prescription and did not at any time order a blood test to check my thyroid. I went to the pharmacy, they had no prescription on file in the computer, and it would be two weeks before I could get back in to see the doctor. That same day I was scheduled for Separations. I could not be forceful and insist on seeing the doctor because when you are a new recruit you cannot talk unless you are given permission. I never did get my medication. In between getting sick and being sent to Separations, I went to see the Base psychologist, to let off steam, and just to console with someone. I figured that is why they are there, I did not realize the consequences of talking to a psychologist.

3) I believe it was just about the third week of Basic training that I first went to see the Base Psychologist the first time. Being physically ill and emotionally depressed, and upset that I could not talk to my mother about how her cancer treatment was going, on top of being told that my foot might set me back from graduating with my division by two or three weeks, I went to console with someone about how I was feeling. The first Psychologist I saw asked if I was on any medications and I told her I am supposed to be taking thyroid medicine, and I was taking birth control. She asked if I had ever seen a psychologist before, I told her yes. She said that it was not in my paper work and that I should have had a waiver. She asked what was I seen for and what was the diagnosis, I told her stress and anxiety, and was diagnosed with mild depression caused by stress from my job, trying to graduate High School, and baby-sitting friends that could not get along. She asked why I said no on the application for service, about weather or not you have seen a psychologist etc.... I told her my recruiter said to put no because that question meant if you had been in a hospital or mental institution for a mental illness. She said that she was going to send for my civilian medical records and for any psychological treatment or evaluation that I may have had before my enlistment and that she was not too worried about me. I assured her that she had nothing to worry about, I just needed someone to talk to. She wanted to see me again, but she was not there when I went back to see her the second time, so they referred me to another Psychologist. That lady looked over the paper work from the first psychologist and had me take a test. I waited about half an hour for the results, she called me back in and informed me that I was going home and I was going to be sent to Separations. She told me that I should seek professional help when I get home. I didn’t know what to say, I did not know what I was being Separated out on until I was given a copy of all my paper work. I called my mother and let her know what was going on. I was upset and she asked me then if I was taking my thyroid medicine. As I stated before, I told her that I was not receiving it. I told my mother that I had been given a test and was diagnosed with Borderline Personality Disorder. She asked if the psychologist knew that I was not receiving my thyroid medicine, I told her no, it is to late to tell them and I just want to come home I don’t feel good. I feel I did not receive a fair evaluation after taking only one test, and that when both Mental health doctors saw my paper work indicating my hypothyroidism, they should have ordered a blood test to check my thyroid level and consulted with the Nay Base physicians. I feel that the mental health doctors do not understand the complications and side affects of Hypothyroidism. Again, I just thought talking to someone would help. I would have taken different avenues if I thought it was going to get me discharged. My intention was to fulfill my duty in the Navy. I am asking for your leniency in the matter of upgrading my Discharge of Erroneous Enlistment. Please consider this letter and all of the evidence I have sent you. Thank you.

Sincerely,
T_ A. D_(Applicant)
[signed].”

 Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Department of Veterans Affairs VA Form 21-22, Appointment of veterans service organization as claimant’s representative, dtd March 9, 2005
Applicant’s DD Form 214 (2)
Letter from Northern Montana Medical Group, dtd November 17, 2004
Pediatric Endocriology Clinic, dtd November 3, 1999 (2 pages)
Department of Medical Genetics, Cytogenetics Laboratory, lab results, dtd July 22, 1994 (2 pages)
Letter from Deaconess Billings Clinic, dtd February 15, 2005 (2 pages)
Travel certificate, separation without orders, dtd December 17, 2002 (2)
Letter from Northern Montana Medical Group, dtd April 11, 2002
Military entrance processing center, dtd November 20, 2002
Sixty-nine pages from Applicant’s service record
Letter from National Personnel Record Center to the Applicant, dtd May 8, 2003
Progress note, dtd January 22, 2003
Progress note, dtd January 9, 2003
Intake notes, dtd April 10, 2001
Intake evaluation, dtd April 10, 2001 (8 pages)
DSM IV Criteria for borderline personality disorder (6 pages)
Fifty-one pages of medical records
Letter to the Armed Forces MEPS Station, Butte, MT, dtd April 11, 2002
Physician’s office visit notes, dtd January 16, 2002
Patient’s notes, dtd September 6, 2000
Report of medical history, dtd February 28, 2002 (2 of 4 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20020626 - 20021119      COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20021120             Date of Discharge: 20021220

 Length of Service (years, months, days):

         Active: 00 01 01
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence:    None
         Confinement:                       None

 Age at Entry: 20

 Years Contracted: 4

 Education Level: 12                                 AFQT: 35

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                                    Behavior: NA*    OTA: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): None
* Not Available


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

UNCHARACTERIZED/ERRONEOUS ENTRY (OTHER), authority: NAVMILPERSMAN, Article 1910-130.
Chronological Listing of Significant Service Events :

021206:  Medical evaluation by Naval Hospital Great Lakes, Psychiatric Technician Summary:
 First REU assessment. Chief Complaint: “I would like a mood stabilizer or depression pills.” Current symptoms: SR has a desire to go home, is sad, feels hopeless, anxious, thoughts of self harm, decreased sleep, appetite and concentration, has a fear of failure, has low self-esteem, and anger problems. Medical referral: “Patient stated that she has a history of depression in high school. Pt verbalizes possible wanting to harm herself.” SR is a medical referral.

 021211:  Recruit Mental Health administrative separation recommendation. Assessment confirms the following psychiatric diagnosis: AXIS I: Occup Problem. AXIS II: Borderline personality disorder, EPTE with suicidal ideation. Plan and Recommendation: 1. Entry level separation due to disqualify psychiatric condition affecting SR’s potential for performance of expected duties and responsibilities while on active duty. 2. SR was encouraged to seek treatment for this condition(s) upon separation. SR was educated regarding this condition and recommended for care following separation. SR is suitable to report to Separations Division.

021213:  Applicant notified of intended recommendation for discharge by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a borderline personality disorder. Applicant notified that the least favorable characterization of service possible is general (under honorable conditions).
021213:  Applicant advised of rights and having elected not to consult with counsel with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
021216:  Commanding Officer, Recruit Training Center, Great Lakes, IL directed discharge with an uncharacterized service by reason of defective enlistment and induction due to erroneous enlistment as evidenced by a borderline personality disorder. Commanding Officer’s comments: “As evidenced by the listed enclosures, an erroneous enlistment has occurred. I direct Personnel Support Activity Detachment, Recruit Training Command, Great Lakes to separate the subject name member from the naval service within 10 working days after receipt of this letter. Per reference (b), the DD Form 214 will include the following:
 BLK 23: DISCHARGED
BLK 24: UNCHARACTERIZED (ENTRY LEVEL SEPARATION)
BLK 25: MILPERSMAN 1910-130
BLK 26: JFC
BLK 27: RE-4.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20021220 by reason of defective enlistment and induction due to erroneous enlistment (A) with a service characterization of uncharacterized. 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 (B and C). The Board presumed regularity in the conduct of governmental affairs (D).

 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 Applicant was diagnosed with Borderline Personality Disorder with suicidal ideation by competent medical authority 20021211 and was recommended for entry level separation from the Navy based on a disqualifying condition. The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The Board finds that the Reason for Discharge reflects the Applicant's mental health status at the time of her discharge, and was proper and equitable at the time of issuance. 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's DD Form 214, Block 28, Narrative Reason for Separation, indicates she was separated for erroneous entry because of a disqualifying psychiatric condition. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason Separation would be inappropriate. Relief denied.

By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during her less than two months in the military to warrant a change of discharge to honorable. The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

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. The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 02 until Present, Article 1910-130 (formerly 3620280), SEPARATION BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS - ERRONEOUS ENLISTMENT.
B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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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