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


FOR OFFICIAL USE ONLY


ex-STGSA, USN
Docket No. ND06-00035

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 “UNFIT TO MILITARY LIFE.” 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 20060810. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB determined that the characterization of the Applicant’s service was inequitable. The Board’s vote was unanimous that the character of the discharge shall change to HONORABLE but the reason for discharge shall remain convenience of the government due to personality disorder.

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“I have previously applied to a several law enforcement agencies and have been denied due to the fact that they require an honorable discharge. therefore, my career options are very limited .”

Documentation

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

Applicant’s DD Form 214
Applicant’s Associate of Science, Criminal Justice, Remington College, dtd April 14, 2005
Ltr from Applicant, dtd August 14, 2005 (2 pages)
Character Reference ltr from C_ F_, dtd August 14, 2005

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PART II - SUMMARY OF SERVICE

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

         Inactive: USNR (DEP)     19980413 – 19980803               COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 19980804             Date of Discharge: 19990319

Length of Service (years, months, days):

         Active: 00 07 16
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: None
         Confinement:              None

Age at Entry: 19

Years Contracted: 4

Education Level: 12                                 AFQT: 68

Highest Rate: E-2

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 Applicable

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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 :

990128:  Mental Health Services, Naval Training Center, San Diego, CA by J. H. K_, Psy. D., Staff Psychologist : Applicant referred by Chaplain via sick call with complaints of insomnia, loss of appetite, loneliness, anhedonia, and dislike of service. Provisional diagnosis was Adjustment Disorder.

HISTORY OF PRESENT ILLNESS: This Applicant reported having felt unable to satisfactorily and comfortably adjust to military service since enlistment, but wanted to keep trying and overcome if possible. She has experienced increasing symptoms of depression, loneliness and homesickness with some suicidal rumination. She feels increasingly depressed and unable to adjust, and is worried about deteriorating to suicidal propensity. She denied any prior psychological intervention, but on re-questioning later in the interview admitted a prior suicide gesture or attempt at age 15.

DIAGNOSTIC IMPRESSIONS:
AXIS I: Adjustment Disorder with depressed mood 309.28
AXIS II: Personality Disorder, NOS with immature and dependent features 301.90
AXIS III: None known
AXIS IV: Stressors None apparent or reported Routine military training
AXIS V: GAF: 70 Impaired functioning and emotional discomfort with suicidal ideation in context of history of at least one EPTE suicide gesture or attempt.
FINDINGS:
1. Applicant is judged to be unfit and unsuitable for retention by virtue of unacceptable suicidal risk and inability/failure to adapt.
2. Applicant is judged fit for return to duty for ELS (Entry Level Separation) for inability/failure to adapt to the daily routine of military service. She has poor prognosis for improvement, and shows little potential for making significant contribution to the Naval Service.
3. Recommend ELS under NAVMILPERSMAN 3620225, Chapter 36.
4. Suicidal risk is judged acceptable at this time, but is likely to escalate to unacceptable proportions if member is retained on active duty.

980208:  Retention Warning: Advised of deficiency (Failure to adapt to the military environment.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990222:           Medical evaluation by A.J. G_, Ph. D., Staff Psychologist: Applicant referred for “re-evaluation” and restatement of recommendations.

                           Previous NTC MHU evaluation was done on 1/28/99 and was reviewed.

SA C_ (Applicant) said she was here because, “They said I need another evaluation.” She said that since her first visit she had been working in Legal. She said it was a good job, but I just don’t like it.” She said she was “hyperactive,” or the kind of person who can’t just be sitting in an office. I like to be on the outside. I like freedom.” She reported some improvement in concentration, sleep and appetite, and said she was crying less in the past 2 weeks. She also reported beginning to be able to enjoy things again. She reported getting tired and angry easily and headaches. She smokes 1 or 2 cigarettes occasionally, denied problems with drugs and denied current homicidal/suicidal ideation, plan or intent.

Past History : See SF 600 dated 1/28/99. SA C_ (Applicant) was dropped from class and is working in Legal. She had no civilian or military legal or disciplinary problems. She displayed an extremely negative attitude for continued military service.

Diagnostic Impression:   
Axis I   1. Adjustment Disorder with Depressed Mood 309.0, improved
         2. Occupational Problem V62 2
Axis II  1. Personality Disorder, NOS, with Dependent and Immature Features, 301.9, severe
Axis III         1. None known
Axis IV  1. Problems with primary support group - sudden death of father of heart attack 2
         years ago; Problems related to the social environment – difficulty with acculturation; Occupational problems - job dissatisfaction;
Axis V            GAF = 70 (in past 3 months)

Recommendations :

1. The member is not considered mentally ill but manifests a longstanding disorder of character and behavior, which is of such severity as to render the individual incapable of serving adequately in the Navy. The member does not presently require and will not benefit from (further) hospitalization or psychiatric treatment. Although the member is not presently considered suicidal or homicidal, she is judged to represent a continuing danger to self or others if retained in the naval service. The member is deemed fit for return to duty only for the purpose of immediate processing for administrative separation, which should be initiated expeditiously by her command compliance with MILPERSCOMINST 1910 ID and OPNAV 013.87/2B. (NAVMILPERS Manual Chapter 36-[3620225])
2. May attend Coping Skills Group NTC MHU on Fridays 1400 weekly, which will begin 3/5/99.

990301:  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.

990301:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

990308:  Commanding Officer, Fleet Anti-Submarine Warfare Training Center , directed the Applicant’s discharge with a general (under honorable conditions) by reason of convenience of the government – personality disorder.

990504:  Commanding Officer, Fleet Anti-Submarine Warfare Training Center, advised Navy Personnel Command that the Applicant was discharged with a general (under honorable conditions) by reason of convenience of the government – personality disorder. Commanding Officer’s comments: “STGSA C_ (Applicant) has not adapted well to the military way of life. She received a Mental Health Evaluation diagnosing her with a personality disorder, but it did not state that she was judge to represent a danger to self or others if retained on active duty. Therefore, she was issued an Administrative Counseling/Warning with recommendations for corrective action. On 22 February 1999, STGSA C_ (Applicant) was reevaluated and diagnosed as having a personality disorder and judged to represent a continuing danger to herself or others if retained in the Naval Service. I separated her from the Navy based on that evaluation.”

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990319 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 Applicant contends h er discharge should be honorable. Under applicable regulations, separations based on a personality disorder 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. The Applicant’s record contains no evidence of NJP, disciplinary actions, or performance evaluations. In light of this evidence, the NDRB unanimously concluded that the Applicant’s discharge was inequitable characterized. The Board voted to change the Applicant ’s characterization of discharge to Honorable. Partial relief granted.

The Applicant requests a Narrative Reason for Separation change to “UNFIT TO MILITARY LIFE.” Under its responsibility to examine the propriety and equity of the Applicant's discharge, the NDRB will change the reason for discharge if such a change is warranted. The summary of service clearly documents that a diagnosed personality disorder was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Therefore changing the Narrative Reason for Separation would be inappropriate. Relief on this basis is denied.

The Applicant is advised that the Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits or enhancing employment and educational opportunities. Additionally, the Board has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Since these issues do not serve to provide a foundation upon which the Board can grant relief, relief on this basis is not warranted.

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 21, effective
01 Sep 1998 until 19 May 99, 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 .


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