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NAVY | DRB | 2006_Navy | ND0600033
Original file (ND0600033.rtf) Auto-classification: Denied


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

ex-OSSR, USN
Docket No. ND06-00033

Applicant’s Request
The application for discharge review was received on 20051004. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “Eligible for Reenlist”. 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 20060717. 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 shall not change. The character of discharge shall remain General (Under Honorable Conditions). The Board’s vote was unanimous that the reason for discharge shall change to: 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 the attached document/letter:

“Was never seen by a military or civilian doctor or treated for this condition (personality disorder) never given a separation physical prior to discharge. How can I pass all of medical testing and then get a separation code of HFX?”

“To Whom It May Concern:

I E_ D. B_ respectively request this Separation Code of HFX and the Separation Reason for Personality Disorder be changed. I have never been seen or treated for this type of condition. It was brought to my attention when I spoke with an Air Force Recruiter when was looking about going back in the Service to support my Country. When I was discharged from the Navy it took approximately two weeks to process my separation and was never given a separation physical. I did contact the VA and was told I had to have medical documentation about the personality disorder in order to file for VA and there was nothing supposedly in my Military Medical records, so how can I be given that type of code? Plus if I have this type of disorder why haven’t I been compensated for this from VA since it supposedly happened while I was out a sea?

Any help in this matter to get this cleared up and straightened out would greatly be appreciated.

 Sincerely,
[signed] E_ D. B_ (Applicant) ”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Travel Certificate
HIV/Sea Duty/Pregnancy Testing verification memorandum dtd May 26, 1999
Permanent Change of Station Transfer dtd August 13, 1999
Diver Screening dtd June 9, 1999
Explosive Ordnance Disposal Training Information

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19990115 – 19990131               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19990201                      Date of Discharge: 20000609

 Length of Service (years, months, days):

         Active: 01 04 09
         Inactive: None

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

 Age at Entry: 20

 Years Contracted: 4 (12 month extension)

 Education Level: 12                                 AFQT: 62

 Highest Rate: OSSR

 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):

GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION, NOT A DISABILITY , authority: MILPERSMAN, Article 1910-120.

Chronological Listing of Significant Service Events :

990406:  Report of Medical Examination, R. E. M_, PhD, Clinical Psychologist: Psychologically evaluated and determined to be qualified for diving duty.

000111:  Branch Medical Clinic, Pascagoula, K_ R. K_, LT, MC, USNR: Applicant evaluated for depression based on statements. “I can’t take this anymore.” Unhappy with life in Navy, misses parents and family in Oklahoma. Applicant denies suicidal and homicidal ideation. Applicant stated: “I’ll do whatever I have to, to get out of the Navy.”
         Diagnosis/Plan: Situational Adjustment Difficulties. Not currently danger to self or others. Fit for duty

000523:  Keesler Medical Center, Triage, D_ R. L_, CAPT, MC, USAF: Applicant stated: “I can’t take it anymore. I’ll kill anyone who crosses my path the wrong way. I’ve thought of crashing my car to kill myself.” Applicant assessed for weapons, none suspected. Looked through personal bag, no weapons. Applicant filled out mental health questionnaire.
         Assessment/Diagnosis: Adjustment D/O with Depressed Mood.
         Disposition: Full duty.

000523:  Keesler Medical Center Consultation Report by Clinical Social Worker, H_ J. R_: Applicant presented to ER with thoughts of harming self and problems adjusting to the Navy. Safety plan arranged with CC, Col M_ and SW. Applicant to return to Life Skills Enhancement Center 24 May 00 @ 0700. Return if any feelings of suicidal ideations. Applicant staying night with friend. Applicant medically cleared by H_ J. R_.

000609:  Report of Medical Assessment, R_ R. B_, LT, MC, USNR: Applicant had trouble adjusting to military life. He became depressed and suicidal. Hospitalized at Keesler AFB and diagnosed with adjustment disorder with depressed mood. Applicant discharge from Navy for same. History of ADD in youth. Prescription for Ritalin age 14.

000609:  DD Form 214: Applicant discharged General (Under Honorable Conditions) due to Personality Disorder.

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

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20000609 by reason of convenience of the government due to physical or mental conditions, not a disability (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 and equitable (B and C). The Board presumed regularity in the conduct of governmental affairs (D).

 The Applicant contends his discharge should be honorable. Under applicable regulations, separations by reason of convenience of the government due to condition, not a disability should be honorable unless a general (under honorable conditions) or an entry-level separation is warranted. A general discharge may be warranted if the Applicant’s service contains records of nonjudicial punishments, disciplinary actions, or if other significant negative aspects existed, which outweighed the positive aspects of the member’s period of service. Additionally, a general discharge may be warranted if the Applicant’s performance evaluation averages are not sufficient to merit an honorable discharge. In the absence of a complete summary of service, the Board presumed that the Applicant’ s performance and conduct during this enlistment met the criteria for a general discharge. The Applicant bears the burden to provide substantial and credible evidence to support his contention. The Applicant did not provide any documentary evidence to challenge the propriety or equity of the discharge. Therefore, the Board considered the Applicant’s characterization of service to be proper and equitable. Relief on this basis is denied.

The Applicant contends that he was never seen or treated for personality disorder. Competent medical authorities evaluated the Applicant on 19990406, 20000111, 20000523, and 20000609. On 19990406, the Applicant was found psychologically qualified for dive duty. On 20001111, the Applicant was diagnosed with Situational Adjustment Difficulties and found fit for duty. On 20000523, the Applicant was diagnosed with Adjustment Disorder with Depressed Mood and returned to full duty. Finally, on 20000609, the Applicant’s separation physical clearly indicated that the Applicant was being separated due to adjustment disorder with depressed mood. Based on this review, the Board presumed that the Applicant was properly notified, processed and discharged in accordance with MILPERSMAN 1910120 and that “HFX” and “PERSONALITY DISORDER” were erroneously placed on the Applicant’s DD Form 214. The NDRB only recommends changes to the Separation Code and Narrative Reason if, during the course of review, they are determined to be in error. In the absence of a discharge package, the Board could not determine with any degree of certainty what the appropriate Separation Code and Narrative Reason should be. Therefore, the Board unanimously voted to change the Separation Code and Narrative Reason to “JFF” and “Secretarial Authority,” respectively. Relief on this basis is granted.

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 post-service accomplishments or any other evidence related to the discharge at that time. 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 27 Aug 01, 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 .

 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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