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NAVY | DRB | 2005_Navy | ND0501403
Original file (ND0501403.rtf) Auto-classification: Denied


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

ex-ET1, USN
Docket No. ND05-01403

Applicant’s Request
The application for discharge review was received on 20050823. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant designated the American Legion as the representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060427. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, impropriety and 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 the reason for discharge shall change to: HONORABLE /SECRETARIAL AUTHORITY, authority: MILPERSMAN 1910-164, Separation Code “JFF.”

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application and attached document/letter:

“-My discharge was inequitable because it was based on one isolated incident in 6 years o service with no other adverse action. -The classification of my discharge should be changed because I handled my emotional distress in the proper manner talking to the chaplain on numerous occasions not letting it affect my job in any adverse way that would lead to disciplinary action. I also spent my time at the naval Hospital in a good light, getting the most out of their services. It was the doctors recommendation that I be discharged. In these ways I feel the nature of my prior service and my actions dealing with my emotional dilemma at the time warrant an Honorable Discharge. Thank you for your time.
[signed]
M_ R. F_(Applicant)”
Additional issues submitted by Applicant’s counsel/representative (American Legion):

 “ Equity Issue : Based on our review of the evidentiary record and on behalf of this former member, we opine that this former member’s overall service record warrants a fully honorable characterization of service.

 Propriety Issue : Based on our review of the evidentiary record and on behalf of this former member, we aver that this former member was separated improperly due to an erroneous reason for discharge. On this basis, we proffer that amendment of the narrative reason to Secretarial Authority is also warranted.

In accordance with Title 32, CFR, Section 724.116 and SECNAVINST 5420.174D, Part I, Paragraph 1.20, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to the Applicant’s petition.

Review of the service record reflects that this former member maintained a satisfactory 3.37 ITA and earned the NGCM and NDSM. He had no NJPs and no adverse counseling entries. On 030813, he received a psychiatric evaluation that diagnosed him with a dependent personality disorder. It was noted that he had a history of suicidal ideation that continues. He was recommended for administrative separation due to his personality disorder. Following due process notifications, he was discharged General (Under Honorable Conditions) due to physical or mental conditions as authorized by NAVMILPERSMAN, Article 1910-120.

Essentially, as noted on DD Form 293, this Applicant is requesting that his discharge be upgraded because he handled is emotional problems in a proper manner and should receive and HD. He has submitted a payroll change form verifying his employment and a VA letter denying him MGIB benefits for consideration.

We strongly opine that this former member’s service record supports a fully honorable characterization of service. We note that he maintained a satisfactory 3.37 ITA, attainted the rate of ET1, earned the NGCM and NDSM, had no NJPs and no adverse counseling entries and served 5 years, 11 months and 12 days of his 6 year contract.

 We further note that he was diagnosed with a dependant personality disorder yet processed for separation due to physical or mental conditions. We found nothing in the record indicating he suffered from somnambulism, enuresis, motion/air sickness, allergies, etc. to support assignment of this reason.

The American Legion’s express purpose in providing this statement and any other submittals or evidence filed is to assist this Applicant in the clarification and resolution of the impropriety or inequity raised. To that end, we rest assured that the NDRB’s final decision will reflect sound equitable principles consistent in law, regulation, policy and discretion as promulgated by Title 10, USC, Section 1553 and set forth in Title 32, CFR, Part 724 and SECNAVINST 5420.174D.

This case is now respectfully submitted for deliberation and disposition. ”
Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Payroll Change for Pacific Gas and Electric Company, dtd June 30, 2005
Letter from Department of Veterans Affairs, dtd June 27, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19970912 - 19971014      COG
          Active: USN      19971015 - 20000309      HON
Period of Service Under Review :
Date of Enlistment: 20000310             Date of Discharge: 20030926

 Length of Service (years, months, days):

         Active: 03 07 06
         Inactive: None

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

 Age at Entry: 21

 Years Contracted: 6

 Education Level: 12                                 AFQT: 99

 Highest Rate: ET1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.8 (5)                       Behavior: 3.0 (5)                 OTA: 3.36

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Navy Good Conduct, National Defense Service Medal.


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

GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION, NOT A DISABILITY, authority: MILPERSMAN, Article 1910-120 (formerly 3620200).
Chronological Listing of Significant Service Events :

000310:  Reenlisted this date for a term of 6 years.
030717:  Medical USS RONALD REAGAN (CVN 76): Applicant escorted by Chaplain for increased depression and suicide gesture yesterday AM while trying to cut left wrist with razor. Assessment: Depression, suicidal gesture. Plan: Discussed with NMCP Psych. Will transport with escort to Bldg 215, 4 th floor for further evaluation.
030729:  Medical evaluation at Department of Psychology, Psychodiagnostic Testing, Naval Medical Center, Portsmouth, VA by G_ R. C_, Psy. D. LCDR MSC USNR. Psychological Evaluation: Diagnosis: AXIS I: Adjustment disorder with disturbance of emotions and conduct. R/O Dysthymic disorder. AXIS II: Dependent personality disorder. AXIS III: No diagnosis (per medical record). Recommendations: 1. Patient would benefit from individual psychotherapy to address aspects of personality that contribute to vulnerability to anxiety and depressive episodes. Applicant would require long-term treatment. 2. Due to Applicant’s personality disorder, the patient may not be suitable for further military service. 3. Follow up appointment on 12 Aug 03 at 1300 with LCDR C) for the purpose of discussing the psychological test results and recommendations. 4. Results and recommendations were discussed with Dr. F_, Psychiatry.

030813:  Medical evaluation at Naval Medical Center, Department of Psychiatry, Portsmouth, VA by A_ E. F_, LT MC USNR, Resident Psychiatrist Assessment: The evaluating psychiatrist found that the patient referred has no psychiatric disease or condition that would be responsive to therapy. However, the patient has a longstanding disorder of character and behavior, a dependent personality disorder, which makes them likely to become or remain a disciplinary or other problem during their time in service and repeatedly interfere with their serving successfully in the Navy. Patient has a pervasive and excessive need to be taken care of that leads to submissive and clinging behavior which makes him unsuitable for further service in the Navy. Patient is chronically dissatisfied being on active duty which leads him to suicidal ideation chronically which has been unresolved by inpatient psychiatric therapy from June 17, 2003 to June 19, 2003. Additionally, patient completed extensive group therapy the following week after hospitalization in our Outpatient Crisis Intervention Program which confirmed the diagnosis of dependent personality disorder. Last, objective psychological testing done by LCDR C_ on 22 July 2003 confirmed patient’s diagnosis and recommendation for separation.
         Recommendation: Patient by administratively separated for unsuitability in accordance with MILPERSMAN 1910-122. Processing for administrative separation requires; in addition to the current diagnosis, documented interference with the performance of duty and documented counseling.
030828:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government - physical or mental conditions.

030828:  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.
030902:  Retention Warning: Advised of deficiency (Dependant personality disorder.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 030917:  Commanding Officer, USS RONALD REAGAN (CVN 76) recommended discharge with a general (under honorable conditions) by reason of convenience of the government - physical or mental conditions. Commanding Officer’s comments: “Petty Officer First Class Electrician Technician F_(Applicant) consented to a psychiatric evaluation, and was diagnosed with dependent personality disorder. He has a pervasive and excessive need to be taken care of that leads to submissive and clinging behavior that makes him unsuitable for further service in the Navy. Petty Officer F_(Applicant) has completed inpatient psychiatric therapy for suicidal ideation from June 17 to June 19, 2003, which was unsuccessful and he was later hospitalized in Portsmouth Naval Hospital for Outpatient Crisis Intervention Program, which confirmed his diagnosis of dependent personality disorder. Per this diagnosis, I separated him due to unsuitability with a general under honorable discharge.”

030923:  Applicant found fit for separation.

031029:  Applicant’s statement concerning adverse evaluation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20030926 for convenience of the government due to a physical or mental condition (A) with a service characterization of general (under honorable conditions). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was both improper and inequitable (B and C).

The Applicant was diagnosed by competent medical authority with a personality disorder and recommended for discharge due to unsuitability in accordance with NAVMILPERSMAN, Article 1910-122, convenience of the government, personality disorder. The mere presence of a personality disorder is not a bar to Naval Service. Members may be separated for personality disorders provided (1) a medical diagnosis is made by competent military medical authority which concludes that member's disorder is of such severity as to render member incapable of serving adequately in the Naval Service; (2) there is documented interference with performance of duty; and (3) counseling in accordance with NAVMILPERSMAN, Article 1910-122 is completed. The Applicant was processed for separation under NAVMILPERSMAN, Article 1910-120, physical or mental conditions. Per this Article, “ involuntary separation processing may not be initiated until the Servicemember has been notified formally with NAVPERS 1070/613, Administrative Remarks concerning performance deficiencies related to the physical/behavioral condition and advised of medical resources (if applicable) that may assist in the member' retention. The Commanding Officer must provide the member reasonable time to overcome deficiencies (if possible) as reflected in appropriate counseling or personnel records.” The Applicant was not counseled until after he had been notified of intended discharge. Additionally, NAVMILPERSMAN, Article 1910-120 states “ specific documentation is required from the medical officer that condition renders the member incapable of completing his/her obligated service (EAOS) in any capacity , e.g., forced conversion, reassignment, etc.” The discharge package did not contain this documentation. The Applicant did not qualify for separation due to a physical or mental conditions because he was not counseled and he was not evaluated as incapable of completing his obligated service; therefore, the discharge was improper. Relief granted.

For discharges based on either physical or mental conditions or personality disorder, the discharge should be honorable unless there exists justification for a general (under honorable conditions), under other than honorable conditions, or entry level separation characterization. The Board found no counselings, nonjudicial punishments or evaluations to warrant a general (under honorable conditions) characterization. The only adverse evaluation was signed by the reporting senior after the Applicant’s discharge and could not have been used to justify the character of service. The adverse evaluation did not contain required comments justifying a “below standards” performance trait mark for military bearing/character, or removal of recommendation for promotion and retention. The Applicant submitted a statement with the evaluation challenging the lack of required comments, which the Commanding Officer forwarded without comment. Therefore, the Board found that the Applicant’s general (under honorable characterization) was inequitable and voted unanimously to change the Applicant’s discharge characterization to honorable. Relief granted.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 2002 until 22 Sep 2004, Article 1910-120 (formerly 3620200), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.

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 .

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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