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


FOR OFFICIAL USE ONLY


ex-AA, USNR
Docket No. ND05-01450

Applicant’s Request

The application for discharge review was received on 20050829. The Applicant requests the Narrative Reason for Separation be changed to “Good of the Service.” The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area. The Applicant designated the Veterans of Foreign Wars as the representative on the DD Form 293. Subsequent to submission of the application, the applicant requested her application be reviewed as a documentary review.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060524. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the character of discharge shall change to HONORABLE. The reason for discharge shall remain convenience of the government on the basis of a diagnosed personality disorder.

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

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

“The separation code and narrative of Personality Disorder is inequitable because it was based on a single isolated incident. The narrative reflection of my character is not correct and this judgment was based on incorrect information in the medical record.

The issue is discussed in my written statement starting on page one under ISSUE, said statement being incorporated herein.

As part of my future career goals it became necessary for me to obtain a copy of my DD-214. I requested the assistance of the VFW representative in Sioux Falls, SD. I explained to the representative the circumstance surrounding my discharge and what it was that I want to accomplish. In an effort to realize my goals I discovered that while my discharge was general under honorable conditions, the separation code of JFX, and narrative reason being Convenience of the Government-Personality Disorder. I believe this characterization is inequitable and without merit as the reason for my discharge was based on a single isolated incident. I have been informed that my DD-214 with the current separation code and narrative reason will significantly limit my employability in law enforcement or obtaining a job with the County, State or Federal government.

I have been working on getting my degree in criminal justice and I anticipate graduating in December 2005. However it would appear that because of my DD-214 I might not ever be able to obtain employment based on my education achievements.

ISSUE

I am requesting that my military discharge be changed in item 26 for separation code, and in the alternative replace the current JFX code with KNL, thus changing the narrative in item 28 of DD-214, where the words “personality disorder” appear to state “Good of the Service”. I respectfully request these changes be made as the characterization of “Personality Disorder” is unjust and because it does not accurately describe me, further it is inequitable because it was based on one isolated incident during the course of my service. It further leads a reader to a false conclusion, that I am mentally unsound.

HISTORY

My decision to join was based on many factors but above all I wanted to serve my country with honor.

After the completion of basic training I was sent to Pensacola Florida to attend ASA1 School. During the course of that training, I was not only Class Leader but I also participated in a variety of community service projects such as the Clean and Green Community and the Ronald McDonald House. I graduated 2 ^nd in my class and by all appearances my Naval Career was off to a promising start. (Attached are letters of appreciation for outstanding performance while attending the Aviation Support Equipment Technician Course and letter of appreciation for outstanding contribution to the Clean and Green Community.)

During the course of my training Petty Officer V_ was my Unit 1 instructor. One evening after having the completion of the Unit 1 section, I was out with some friends and we ran into Petty Officer V_. A conversation got started. During the course of that conversation Petty Officer V_ suggested that I go on a date with him. I knew that dating an instructor was against the rules and that fraternization was not allowed. I expressed these concerns with Petty Officer V_ and he assured me that we would not be caught and that other instructors had done the same thing. He also stated that I needed to loosen up and have a little fun. I was young and I trusted Petty Officer V_ and his more than 7 years experience in the Navy. Not long after our conversation we went on a date. What started out as dinner and a movie quickly grew into something much deeper. After completion of A school, I was transferred to New Orleans. Petty Officer V_ and I believed that because I was no longer in A school and under a different command that our relationship would no longer be an issue, however we were both wrong. Petty Officer V_ had told a friend who was a Gunnery Sergeant in the Marine Corps about our relationship and how it had started while I was still attending A school. The Gunnery Sergeant reported the relationship to the Pensacola Command.

I learned of this when Petty Officer V_ showed up in New Orleans one early morning. He was very upset and sure that he would be discharged over our relationship. I felt responsible and feared that Petty Officer V_ Naval career was ruined and he would be discharged.

EVENTS OF MAY 27, 2003

The following weekend I drove to Pensacola to see Petty Officer V_. When I went to return to New Orleans I discovered my car had a flat tire. It was very early in the morning and there was no place open to repair the tire. Under the advise of Petty Officer V_, I contacted my command to inform them that I would not be in that morning.

Petty Officer V_, left work early that day in order to pick me up and take me to get my tire repaired. During the drive, Petty Officer V_ received a phone call from his Senior Chief and we were both ordered to report to his office immediately. Upon arriving we were greeted by my former Chief, Senior Chief, and my class Petty Officer, the Lieutenant and another Petty Officer.

Petty Officer V_ began to explain the situation but was quickly interrupted by the Senior Chief. Senior Chief began yelling at the top of his lungs at Petty Officer V_. Senior Chief stated that he would make sure that Petty Officer V_ would be assigned to a ship for 9 months of sea duty. Senior Chief continued to yell louder each time, in fact, at one point I thought he might strike Petty Officer V_.

I had never been in any trouble before and had no experience with the way the Senior Chief handled this matter. After yelling at Petty Officer V_, Senior Chief started yelling at me, I was so terrified that I couldn’t even speak. My former Class Petty Officer stated he was disappointed in me and that I should have made a better decision because now Petty Officer V_’s career was in jeopardy. Once we were dismissed, Petty Officer V_ drove us back to his house and told me to have a drink to calm me down. He then left to fix my tire. I have never been a big drinker but started drinking that night heavily. I felt so terrible about what had happened and felt responsible for causing trouble for Petty Officer V_ and myself. I recall drinking almost an entire bottle of vodka in a short amount of time.

My next memory was waking up in an emergency room, not knowing why I was there and discovering I was tied down to a bed. I was intoxicated, confused and angry. I just wanted to go home and I kept telling the hospital staff that. There were so many questions being asked of me that I just felt more confused. I was informed that against my specific request my parents had been contacted and informed that I had attempted to kill myself, which only added to my stress and my feelings of guilt.

Later the following morning Captain F_ visited with me briefly at some point. In my estimation it was about a fifteen minute visit. During the course of this brief encounter Captain F_ told me that the Navy was not for everyone and that I would be better off in a civilian society.

I was taken to the West Florida Hospital’s mental health unit call the Pavilion, on May 28, 2003, where I attended some of the group sessions and I was discharged on May 30, 2003.

The day I returned to my command in New Orleans, I was taken into an office and informed I was being discharged that day. I was directed to sign my name and or initial in several areas of some forms. I was not informed that I had options nor was I afforded the time to read carefully what the documents stated. I have since reviewed these and other documents surrounding my discharge and the events leading up to that discharge. What I have found is a lot of misinformation about me and my past prior to the May 27, 2003 incident.

CONTENTIONS WITH THE FORMAL RECORD

I will address the most serious of accusations from Captain F_ in her handwritten report dated May 28, 2003, following her short visit with me while I was at the Naval hospital

During this short visit, Captain F_ diagnosed me with several serious conditions for which there is no substantiation or true bases for. Captain F_ report first discusses several incidences of attempts upon my own life. For instance in her report she states that at the age of 15, I attempted to kill myself by ingesting pills. This did not happen. In fact when I was 15 my mother made an attempt on her own life by overdose(which is later discussed in Captain F_ the report). Again Captain F_ reports that at age 15, I cut my wrists and further goes on to state that I have cut my wrists on 4 occasions. I assure you this information is incorrect and can not be substantiated. The only history of any type of wrist cutting was from the events of May 27, 2003, as you will see in the attached photo’s there are no scars(See the enclosed photo)

Captain F_ states in her report that I developed Bulimia at age 13 and that I attended 5 years of therapy. I do not now nor have I ever had an eating disorder. I most certainly did not attend 5 years of therapy in my early teens. (Please see statement from my mother.)

Captain F_ states that my first alcohol abuse (“ETOH”) was at age 13, it is stated that I needed hospital treatment and that I have blacked out over a hundred times and that I drank daily. Captain F_ has further stated that I would drink 14 beers plus shots and mixed drinks. It is reported that on occasions I would start drinking at 10 or 11 am. This is also not true. I am a small framed woman weighing between 115 and 125 lbs. currently. If I ingested that amount of alcohol I would not be alive, I would have most certainly died of alcohol poisoning especially at the age of 13. The statements that Captain F_ makes in regard to ETOH are exaggerated and have no basis in reality. Captain F_ states that I had 2 DUI’s prior to entering the Navy. This is also false. The only drinking charges that have ever been placed upon me were underage consumption charges and were in fact reported on my enlistment documents. Prior to May 27, 2003, my medical records indicate that I am not a heavy drinker also, I reported on medical reports that I only drink on a rare occasion and never drink much. It is reported as 3 drinks a month. My health screens do not show potential for alcohol abuse prior to May 27, 2003, nor do they indicate any problems with my personality.

Captain F_ report goes on to discuss marijuana use. I am reported as having smoked marijuana on many occasions. It is stated that I said I had to have it two or three times a day and that my friends and I would go to the beach instead of school to do drugs. This is also false. As stated on my enlistment medical history, I experimented one time with marijuana in April 2002. I did not like it and never did it again. The report goes into a discussion of cocaine use, which is stated as cocaine (x10) in Captain F_ report. I have not ever experimented with cocaine. My sister was addicted to cocaine at one time in her life, I have seen first hand the effects of cocaine use and I have never had even a small desire to try cocaine. Captain F_ notes the fact of my sister’s addiction in her report later, but it appears as though in the discussion of cocaine that was the only thing stated in her report that is in fact true.

In this report I am reported as saying I had used yellow jackets, stackers and some other pills (hand written report illegible) this is also false information. I have never smoked cigarettes nor have I taken acid.

Captain F_ report goes on to discuss issues of driving 110 mph, fear of the dark and fear of ghosts. Non of this information is true.

It is reported that I was restrained in the ER for being combative. I do not remember being violent. I do recall waking up in the hospital strapped to a bed and not knowing where I was or what had happened. A possible side affect of ETOH poisoning is combativeness and confusion. Captain F_ states I appeared sober but that my speech was sparse, often quits, vague, avoidant and tearful. Captain F_ ends her report by stating I could not contract for safety. Please note that the nursing notes from West Florida Hospital states that at 1230 hours the same day, I could and did in fact contract for safety, this was within 2 hours of Captain F_ hand written report.

Worth noting is that this hand written report of Captain F_ never appeared in my official Service Medical Records or my Service Personnel file. The report was only discovered through the review of the West Florida Hospital admittance report written by J_ C. F_. Apparently it was faxed to the Florida Hospital from all indication on May 28, 2003 at 9:13 A.M.

After reading this report and the admit and discharge report from the Florida Hospital it became painfully clear that the Doctor at the private hospital basically regurgitated the incorrect and false information provided by Captain F_ based on professional courtesy. Because of the very nature of the information reported in Captain F_ handwritten report and how this information passed hands to the private sector but never remained a part of my official service records, it leads one to wonder why and leads to further questions about this information as being necessary for an expedited discharge. Further, I would call your attention to the large packet of documents that effectively discharged me. According to form NAVPERS 1910/32, I was given this packet on June 4, 2003, then immediately discharged the same day. The day I received these documents I was pushed through the paperwork, being instructed to sign in the proper areas and initial in others, I again would like to place emphasis in the fact that I was not afforded the time to review the documents. Nor was I aware at that time I had avenues that could be pursued to remain in the Navy.

I am not proud of what I did on May 27, 2003, it was completely out of character for my personality. I truly feel and believe that this was a situational issue and there has not been anything remotely similar since that time. The lack of maturity and experience on my part played a large part in the way I handled the consequences of my relationship with Petty Officer V_. The Pensacola command’s reaction affected me profoundly and at the time I was told and felt that I was solely to blame for both Petty Officer V_ and my Naval careers being destroyed.

I have grown in many ways since being in the Navy. I feel that it is unfair and unjust to place a notation of “Personality Disorder” upon my discharge further limiting me in my future. This type of characterization should be carefully weighed before permanently placing such a comment on an official document. While I realize that it is the goal of any armed force to retain only the best to defend this country, I am also painfully aware that in the pursuit of this elite group someone like myself can be mischaracterized and easily overlooked in the effort to save time and expense. I think that the Out come of such characterization should be weighted carefully as to not mark a person for life for an isolated incident.

In support of my request I am enclosing the records I have with regard to my Service Medical Records, my Service Personnel Records and the private hospital records for your review. In addition, I am submitting statements from my husband, former Petty Office V_, my mother, past and present instructors from college, photographs of my arms and a report of physiological testing that I voluntarily submitted to in support of my request to change my official discharge document.

I believe that the supporting documentation and definitive evidence clearly shows that the information relied on to diagnose and label me with a personality disorder were premature and unjustified.

ACTIONS REQUESTED

Based on the evidence provided, I am requesting the following actions:

1. Change item 26 Separation Code of the DD-2 14, from JFX to KNL; and

2. Change item 28 of the DD-214 from Convenience of the Government-Personality Disorder to “Good of the Service”.

These changes will adequately state the reason for my discharge and correct the inequity and stigma based on an isolated incidence. Thank you for your time and consideration

Sincerely,

N_ D. V_ (applicant) f/k/a N_ D. C_(applicant).
[signed] ”

Additional issues submitted by Applicant’s representative (Veterans of Foreign Wars):

“Propriety or Equity Issue(s): The applicant’s discharge separation code and narrative are inequitable in light of new medical evidence.

Statement: In accordance with 32 CFR § 724, and SECNAVINST 5420.1 74D, the Veterans of Foreign Wars submits to the Naval Discharge Review Board (NDRB) the above issue and following statement in supplement to the Applicant’s petition.

The applicant feels that her discharge is inequitable in light of the evidence submitted by civilian health care authorities and applicant requests that applicant’s DD214, block 26, separation code JFX(Personality Disorder), be changed to KNL(Good of the Service) and that block 27, narrative be changed to “good of the service”.

The Veterans of Foreign Wars’ 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 § 1553, and set forth in 32 CFR § 724 and SECNAVINST 54 2 0. 174D.

This case is now respectfully submitted for deliberation and disposition.”

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Letter from J_ A. S_, Veterans Service Officer, dtd August 19, 2005
Applicant’s DD Form 214 (2)
Twenty-nine pages from applicant’s service record
Letter from Department of Veterans Affairs, VA Medical and Regional Office Center, dtd March 23, 2005
Ninety-six pages from applicant’s medical record
Letter from J_ A. S_, Veterans Service Officer, Department of Military and Veterans Affairs, dtd April 13, 2005
Twenty-three pages from applicant’s private hospital record
Report of Psychological Evaluation by C_ M_, Ph. D., Licensed Psychologist, dtd June 21, 2005 (2 pages)
Grade Report Final from Mount Marty College, Spring 2004
Character Reference ltr from J_ T_, Adjunct Instructor, Mount Marty College, dtd April 25, 2005
Character Reference ltr from Mr. M. L. W_, dtd July 5, 2005
Lake Area Technical Institute transcript, dtd May 17, 2005
Character Reference ltr from J_ T_, NCC, LPC, LATI, dtd April 14, 2005
Character Reference ltr from D_ V_, applicant’s husband, undtd
Statement from M_ C_, applicant’s mother, dtd June 3, 2005
Letter from J_ S_, Veterans Service Officer, Department of Military and Veterans Affairs, dtd August 19, 2005
Cover letter to DD Form 293 from J_ A. S_, Veterans Service Officer, Department of Military and Veterans Affairs, dtd August 19, 2005

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PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Inactive: None
         Active: None

Period of Service Under Review :

Date of Enlistment: 20020814             Date of Discharge: 20030604

Length of Service (years, months, days):

         Active: 00 09 07
         Inactive: 00 00 14

Time Lost During This Period (days):

         Unauthorized absence: None
         Confinement:              None

Age at Entry: 20

Years Contracted: 8

Education Level: 12                                 AFQT: 63

Highest Rate: AA

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

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

GENERAL (UNDER HONORABLE CONDITIONS)/ PERSONALITY DISORDER, authority: MILPERSMAN, Article 1910-122 (formerly 3620225).
Chronological Listing of Significant Service Events :

030528:  Medical evaluation at Naval Hospital, Pensacola, FL by H. A. F_
Medical officer statement. Applicant diagnosed with Axis I: 1. Alcohol Dependence. 2. Polysubstance Dependence. 3. Bulimia Nervosa. 4. Occupational Problem. 5. R/O Adjustment Disorder with depressed and Angry Mood versus Major Depressive Disorder, Recurrent. Axis II: Borderline Personality Disorder. Axis III: 1. Self Inflicted lacerations. 2. Alcohol intoxication. The psychiatrist recommended separation based on a personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. Applicant may become a threat to harm self or others if retained in the US Navy.

030604:  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 - personality disorder.

030604:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

030604:  Commanding Officer, Naval Air Station, Joint Reserve Base, New Orleans, LA directed discharge with a general (under honorable conditions) by reason of convenience of the government - personality disorder.

030624:  Commanding Officer, Naval Air Station, Joint Reserve Base, New Orleans, LA forwarded the administrative discharge package to CNPC. Commanding Officer’s comments: “AA C_(applicant) enlisted in the Naval Reserve on 14 August 2002. On 28 May 2003, AA C_(applicant) was seen by a Staff Psychiatrist at the Naval Hospital, Pensacola for an Acute psychiatric evaluation. She was diagnosed with Axis I: Alcohol Dependence, Polysubstance Dependence, Bulimia Nervosa, Occupational Problem, R/O Adjustment Disorder with depressed and Angry Mood versus Major Depressive Disorder, Recurrent; Axis II: Borderline Personality Disorder; and Axis III: Self Inflicted lacerations and Alcohol intoxication. AA C_(applicant) was found to be a possible threat to herself or others and I have ordered her Honorable Discharge. AA C_(applicant) was discharged on 4 June 2003 with an Honorable Discharge due to convenience of the government - Personality Disorder. AA C_(applicant) is not recommended for reenlistment.”

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030604 by reason of convenience of the government on the basis of a diagnosed personality disorder (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 proper but inequitable (B and C).

The Board noted the following disparity in the assignment of the Applicant’s character of service. Commanding Officer, Naval Air Station, Joint Reserve Base, New Orleans, LA letter dated 030624 stated that he had ordered the Applicant’s “Honorable Discharge.” The DD Form 214 produced by that command listed the character of service as “general (under honorable conditions).” Having reviewed the complete and accurate service record, the Board considered the propriety and equity of the Applicant’s discharge. When a member is separated in accordance with reference (A), the character of service shall be honorable, unless general (under honorable conditions) is warranted by the service record. The Applicant’s service record contained no adverse entries. Therefore, the most appropriate characterization of service is honorable. Relief granted.

The Applicant was diagnosed with a personality disorder by competent medical authority at the Naval Hospital, Pensacola, FL, and was recommended for expeditious administrative separation from the Navy. The diagnosis was made during the Applicants hospitalization following an alcohol related incident that included a suicidal gesture. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board found that the Applicant’s reason for discharge was appropriate. Thus, the Board finds that the Narrative 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. "Personality Disorder" is an accurate narrative description of the reason for the Applicant's discharge. Further, the Applicants contention, supported by a current psychological evaluation, that the personality disorder no longer exists does not provide a legitimate basis to revise official records that were accurate at the time of issuance. Relief denied.

For the information of the Applicant, the narrative reason for separation, “Personality Disorder,” is an accurate narrative description of the reason for the Applicant’s discharge and is considered neither punitive nor adverse but a statement of fact.

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 additional evidence related to this 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 5420.174D 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