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NAVY | DRB | 2005_Navy | ND0501511

Original file (ND0501511.rtf) Auto-classification: Denied

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

FOR OFFICIAL USE ONLY

ex-OSSN, USN
Docket No. ND05-01511

Applicant’s Request

The application for discharge review was received on 20050912. 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 Disabled American Veterans as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060629. 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 General (Under Honorable Conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder .

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“It has been determined that my Klippel Feil Syndrome was worsened by my military service, my neck and back problems due to this condition was aggravated by my service in the U.S. Navy. I have also been diagnosed as suffering from bronchitis with intermittent asthmatic bronchitis; this is secondary to the Klippel Feil Syndrome of my spine. These medical problems significantly impaired my ability to serve. I don’t believe I should have ever been qualified fit for full duty, especially after the diagnoses I was suffering from. I don’t believe it was fair for my personality discharge w/all the documented physical problems. I have always been a hardworking citizen. I wasn’t given proper medical attention while active duty. I had to seek private care for my illnesses. The Navy refused medical care – discharged me adequate case.”

Additional issues submitted by Applicant’s representative (Disabled American Veterans):

“Mr. T_ K_(Applicant) Request the Naval Board upgrade the General Discharge to Honorable; As noted via DD Form 293; dated August 1, 2005; He Has Submitted Additional Evidence To support His contentions; His Medical conditions were the principal Reason For The Discharge Not His Personality Disorder.”

Applicant’s Remarks: (Taken from the DD Form 293.)

I was unaware that the BCMR was available to upgrade my discharge. I have been unable to find counsel until now.

Thank you
Disabled Vet.
T_ S. K_(Applicant)
U.S. Navy

Documentation

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

Letter from Applicant to Senator P_ D_, dtd October 17, 1999
Letter to Senator P_ D_ from J_ P. K_, Applicant’s uncle, dtd October 10, 1999 (2)
Page 2 and 4 of VA decision, not dated
Medical page, dtd November 10,1999 (2)
Applicant’s DD Form 214
Decision from Department of Veterans Affairs, dtd January 28, 2005
TVI Community College, dtd May 24, 2005 (4 pages)
Sailor/Marine American Council on Education Registry Transcript, printed May 15, 2005 (5 pages)
Letter from the Department of Veterans Affairs, dtd December 9, 2004
DD Form 149, dtd July 2, 1999
Medical page, dtd August 13, 2004
Letter from Senator P_ V. D_, dtd October 14, 1999
Record request from State of Nevada, Department of Motor Vehicles, dtd October 8, 2003
Applicant’s Social Security Statement, dtd December 6, 2002
Letter from Household Collections Department, dtd February 19, 2002
Letter to Applicant from B_ M. P_, Ph.D., M.P.A., Director, Psychosocial Rehabilitation, New Mexico VA Health Care System, undtd
Applicant’s W-2 Wage and Tax Statement for 2004
Applicant’s resumé
Team Aspect Job by CCC from January 1, 2000 to January 28, 2000 (page 3 of 5)
Certificate for accomplishments and contributions, dtd May 23, 2001
Certificate of Pace Setter, dtd July 1, 2003
Certificate of “Attitude is everything”, dtd February 23, 2001
Certificate for pride, attitude, commitment and excellence at America Online, dtd October 4, 2002
Certificate for hard work and dedication for the past 2 years with America Online, dtd October 23, 2001

PART II - SUMMARY OF SERVICE

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

         Inactive: USNR (DEP)     19970124 - 19970430      COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 19970501             Date of Discharge: 19990617

Length of Service (years, months, days):

         Active: 02 01 17
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: None
         Confinement:              None

Age at Entry: 21

Years Contracted: Unknown

Education Level: Unknown                           AFQT: 47

Highest Rate: OSSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: 3.0 (2)                       Behavior: 2.5 (2)                 OTA: 3 .00

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Marksman M-16 Ribbon, 9MM Sharpshooter Ribbon, Humanitarian Service 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 :

980818: Applicant diagnosed with anxiety/panic attack. Applicant returned to full duty.

981013: USS JOHN L. HALL (FFG-32) S: Pain in neck and trapezios with exercise. Running, working parties “sharp” and “popping”
         A: Spinal misalignment.
         P: Fit for full duty and full participation in the PRT.
         Referred for further eval of spinal misalignment. Ortho.

981023: Applicant screened by SQN medical officer (SMO) for PRT participation. SMO requests Ortho eval for spinal misalignment. Provisional diagnosis: Spinal misalignment.
         Deny trt

981026: Orthopedic Clinic: Provider’s Notes: Denying a consult on this patient from Dr. R_. Consult states “SMO requests ortho eval for spinal misalignment”. Prior to consulting us there needs to be adequate physical exam, radiographs, and if appropriate, trial of physical therapy. These all need to be documented on the consult along with their results.”

981112: Medical evaluation by K_ R. K_, LT, MC, USNR.
         Impression: Congenital spinal malformation.
         Plan: Consult ortho. Will obtain scoliosis film.

990104: Medical evaluation: Provisional Diagnosis: Scoliosis with multiple spinal abnormalities. Appointment 990304.

990304: Ortho Clinic: A/P: Congenital scoli-stable- Klippel Feil f/u PRN - PT for back tight hardshp. Dr. S_ for TMJ w/u today.

990322: Medical evaluation by K_ K_, LT, MC, USNR.
         Applicant reports feeling depressed “like it’s not worth it” for several weeks. Reports difficulties fiance is having at home. Also with medical problems.
Describes SI with plans (pills, razor blades, LC by ______). Now to point where he felt he needed to talk to someone.
         No plan to drive to New Mexico, just wants to end the pain. “It’s too much” stated on amitryptiline by dentist for jaw pain and sleep.
         Additional Comments: Depressed mood. Sleep change (hyper/insomnia). Fatigue/loss of energy. Inability to concentrate. Suicidal ideation.
         Above present for at least 2 weeks. Has been on amitryptiline for 2 weeks by dentist (for pain and sleep) without improvement. Experiencing systematic losses (fiance with difficulties, medical problems). Symptoms cause significant disruption of daily activities.
         Assessment: Clinically depressed.
         Plan: Given concerns about suicidal ideation will refer to Keesler AFB Mental Health clinic today for evaluation. Leave decision concerning medication to them.

990407: Radiologic Examination Report: Impression: (1) Multiple fusion anomalies at the cervicothoracic levels as described above. (2) Minor curvatures in the upper thoracic spine as discussed related to the vertebral body anomalies. (3) Partial scaral agenesis. (4) Preserved thoracic kyphosis and lumbar lordosis.

990617: DD Form 214: Applicant discharged with a general (under honorable conditions) by reason of convenience of the government due to a personality disorder.

Service Record did not contain the Administrative Discharge package and was missing
elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990617 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 available 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 Applicant contends that he had Klippel Feil Syndrome and bronchitis with intermittent asthmatic bronchitis, which these conditions worsened by his military service, and significantly, impaired his ability to serve in the U.S. Navy. The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that the medical conditions impaired his ability to serve in the U.S. Navy. The Applicant’s statements alone do not overcome the government’s presumption of regularity in this case. In the Applicant’s case, the NDRB found no impropriety or inequity, relief denied.

The Applicant contends that his narrative reason based on personality disorder was unfair due to all of his documented physical problems. The Applicant also contends he did not receive proper medical attention while on active duty. The evidence of record shows that the Applicant was under the care and treatment of competent medical authority from 19970407 to 19981013. The record shows numerous evaluations for physical conditions, however there are two psychological evaluations that assess the Applicant as clinically depressed and suffering from suicidal ideations. 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 evidence reviewed did not persuade the Board that this diagnosis and subsequent reason for administrative separation was improper or inequitable. Relief denied.

On behalf of the Applicant, the Disabled American Veterans requests the NDRB to consider the Applicant’s request for an upgrade of his general discharge characterization to Honorable. The basis for this request is the Applicant’s contention that Medical conditions were the principal reasons for the discharge not his personality disorder. The NDRB advises the Applicant that 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 evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Relief denied.

The Applicant contends he has “always been a hardworking citizen”. There is no law, or regulation, which provides that a discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was found not to mitigate the reason, which precipitated the discharge. Relief 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 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 24, effective
20 May 99 until 26 March 2000, 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

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NAVY | DRB | 2005_Navy | ND0501511

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