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NAVY | DRB | 2005_Navy | ND0501476
Original file (ND0501476.rtf) Auto-classification: Denied


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

ex-FC3, USN
Docket No. ND05-01476

Applicant’s Request
The application for discharge review was received on 20050908. The Applicant requests the Narrative Reason for Separation be changed to “MILPERSMAN 1910-120.” The Applicant requests a documentary record discharge review. The Applicant designated a private representative as the representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060614. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, an impropriety in the Applicant’s narrative reason for discharge was discovered by the NDRB. The Board’s vote was unanimous that the reason for discharge shall change to: CONDITION, NOT A DISABILITY authority: MILPERSMAN 1910-120, Separation Code “HFV.”

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated

 Applicant’s issues, as stated on the application:

“My discharge was based on Separation by Reason of Convenience of the Government-Personality Disorder. My medical records do not reflect that I have an Axis II Personality Disorder diagnosis and COMNAVPERSCOM records expressly state that I did not qualify for discharge as processed. Please see enclosed highlighted documentation. Since 2001/09/11, I have been conferred a Bachelor of Science degree in Criminal Justice. I am currently enrolled at Jackson State University in Jackson, Mississippi in a Master of Sociology program and I have been awarded a graduate assistance ship. I am also conditionally admitted into the Army ROTC program pending the correction of my military records and serving in the Mississippi Army National Guard. It is my goal to complete the Jackson State University Army ROTC program and receive a commission into the U.S. Army where I may continue to serve my country as a member of the armed forces.”

 Representative submitted no issues.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Thirty-eight pages from Applicant’s service and medical records
Bachelor of Science, dtd August 5, 2004
Associate in Science degree, dtd August 9, 1997
Army Physical/Fitness Test Scorecard
Diploma from US Army for Civil Affairs Specialist, dtd June 28, 2002
Service School Academic Evaluation Report, dtd June 28, 2002
Letter of Appreciation, dtd July 13, 1999
Letter of Appreciation, dtd July 13, 1999
Certificate of Appreciation, undtd
Letter of Commendation, dtd March 15, 1999
Certificate of Completion, dtd July 13, 1999
Certificate of Completion, dtd October 5, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19920831 - 19930706      ELS
         Active: USAR     19950505 – 19981211*     HON*

* Dates and characterization of service extracted from Applicant’s written statement to U.S. Navy recruiters.
Period of Service Under Review :
Date of Enlistment: 19990125             Date of Discharge: 20010911

 Length of Service (years, months, days):

         Active: 02 07 17
         Inactive: None

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

 Age at Entry: 24

 Years Contracted: 4 (12 month extension)

 Education Level: 14                                 AFQT: 80/59

 Highest Rate: FC3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.0 (1)                       Behavior: 3.5 (2)                 OTA: 3 .43

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Armed Forces Expeditionary Medal, Sea Service Deployment Ribbon


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 :

010302:  Medical Department, USS FITZGERALD (DDG 62), Psychological evaluation. Diagnosis: AXIS I: R/O major depression. R/O occupational problem. AXIS II: R/O Alcoholism.
Plan: Refer to FMHU Singapore on return trip. Refer to FMHU San Diego upon return to homeport. Refer to Command DAPA. Above discussed with the patient who understands the plan.
010318:  Commanding Officer, USS FITZGERALD (DDG 62) notified Applicant that he is being referred for a mental health evaluation at Fleet Mental Health, Mount Elizabeth Hospital, Singapore. Reason for referral: a psychological interview with the ships medical department.

010322:  Fleet Mental Health at Mt Elizabeth Medical Centre, Singapore. Medical Report from Doctor L_ C C L_, Consultant Psychiatrist.
 Diagnosis: suffering from depression with alcohol abuse.
010508:  Fleet Mental Health Unit, Branch Medical Clinic, Naval Station, San Diego, CA. Mental Health Consultation Report.
 Diagnosis: Axis I: Major depressive disorder recurrent. Alcohol abuse - early full remission.
Axis II: Deferred.
Axis III: None.
Recommendations: Patient educated regarding diagnosis and disposition. Patient fit for full duty and responsible for his actions. Patient will meet with FMHU psychiatrist to discuss medications. Follow up with Dr. M_ in 4 weeks. Consider group therapy when next depression group starts.








010615:  Fleet Mental Health Unit, Branch Medical Clinic, Naval Station, San Diego, CA. Psychiatric evaluation by C_ D. M_, Ph D., LT/MSC/USNR, Staff Psychologist.
         Primary Diagnosis: Major depressive disorder, recurrent, moderate.
         Primary Recommendation: The member is not considered to be mentally ill (no medically boardable condition), but due to his diagnosis and symptoms is unsuitable for continued active duty. Short-term psychiatric treatment for this condition is of limited benefit, and long-term treatment is not available within the military. It is highly unlikely, due to the routine stressors of the US Navy that this patient’s symptoms will improve while on active duty. Applicant is deemed fit to return to duty for immediate processing for administrative separation, which should be carried out expeditiously in compliance with MILPERSMAN 1910-120. The Applicant should be placed in a non-deployable status pending separation.

010705:  Substance Abuse Rehabilitation Department (SARD), Naval Center San Diego, substance use evaluation by licensed independent provider. Diagnosis: Alcohol abuse. Use causes legal problems.
         Recommendation: Outpatient treatment. Specific recommendation to receive treatment in an Outpatient Half-Day Treatment Program for substance abuse.
010807:  Fleet Mental Health Unit, Branch Medical Clinic, Naval Station, San Diego, CA. Medical evaluation by C_ D. M_, Ph D., LT/MSC/USNR, Staff Psychologist.
Diagnosis: Axis I: Applicant diagnosed with major depressive disorder; alcohol abuse, in early partial remission.
Axis II: No diagnosis.
Axis III: None.
Plan: 1. Patient fit for administrative separation processing.
2. Patient does NOT need to complete SARD treatment prior to separation, and should be separated as soon as the command is able to do so.

010907:  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.
010907:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.


010911:  Commanding Officer, USS FITZGERALD (DDG 62) directed discharge by reason of convenience of the government - personality disorder with a characterization of general (under honorable conditions). Commanding Officer’s comments: “FC3 G_(Applicant) suffered serious mental health problems while onbaord USS FITZGERALD (DDG 62) and it has been determined that he is unsuited for further Naval Service. FC3 G_(Applicant)’s first mental health referral came during deployment during a port visit to Singapore. Due to his symptoms and prognosis, I felt that he still had potential for service at this point. Immediately following our return to San Diego, he was referred to Fleet Mental Unit (FMHU) for follow-up treatment. Although not considered mentally ill FC3 G_(Applicant) was prescribed medication and his condition was monitored by FMHU and ship s medical department. His continued treatment and therapy unfortunately failed to make any progress in improving his condition in the following months. Short term psychiatric treatment for his condition is of limited benefit and long term treatment is not available within the military. Given his diagnosis, symptoms, and poor response to treatment I concur with the medical evaluation and find him unsuitable for continued active duty. It is highly unlikely, due to the routine stress of Naval Service that FC3 G_(Applicant)’s condition will improve while on active duty I feel that due to the severity of the Mental Health Practitioner’s diagnosis and the recommendation of my own medical department that FC3 G_(Applicant) should be processed for immediate administrative separation. Therefore, in accordance with the guidelines in ref (a), I submit the separation of FC3 G_(Applicant) from the Naval Service with a discharge characterization of General (Under Honorable Conditions). ”

010926:  CNPC notified USS FITZGERALD that Applicant did not qualify for discharge as processed. Applicant was diagnosed with major depressive disorder. Per MILPERSMAN 1910-122, a service member must be diagnosed with a personality disorder to be processed under that article. The Appropriate article for ADSEP processing in this case would have been MILPERSMAN 1910-120 (COG-OTHER PHYSICAL AND MENTAL CONDITION). CNPC message states that this information is provided to assist USS FITZGERALD in future processing and that no further action is required in this case.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20010911 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 characterization was proper and equitable but that the narrative reason was improper (B, C, and D).

On 20010508, competent medical authority diagnosed the Applicant with major depressive disorder. On 20010615, a second opinion by a competent medical authority confirmed the diagnosis of major depressive disorder and recommended that the Applicant be processed for administrative separation in compliance with MILPERSMAN 1910-120. MILPERSMAN 1910-120 is the appropriate article for convenience of the government – other physical and mental condition. The Applicant was discharged on 20010911 with a DD Form 214 that listed the separation authority as MILPERSMAN 1910-102 and the narrative reason for separation as personality disorder. On 20010926, the Commander, Navy Personnel Command, notified the USS FITZGERALD that the appropriate article for the Applicant’s administrative separation processing should have been MILPERSMAN 1910-120 (COG – OTHER PHYSICAL AND MENTAL CONDITION) because the Applicant was not diagnosed with a personality disorder. Therefore, the Board’s vote was unanimous to change the narrative reason for discharge to condition, not a disability.

 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), Change 33, effective
14 Aug 2001 until 21 Aug 2002, 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. Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective
28 Aug 01 until 21 Aug 2002, Article 1910-120 (formerly 3620200), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.



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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