Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600047
Original file (ND0600047.rtf) Auto-classification: Denied


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

ex-HN, USN
Docket No. ND06-00047

Applicant’s Request
The application for discharge review was received on 20051005. The Applicant requests the Narrative Reason for Separation be changed to “Hardship.” 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 reason for discharge shall not change. The discharge shall remain Honorable 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:

“My discharge was inequitable because it was based on one isolated incident in 33 months of service with no other adverse action.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Character Reference ltr from A_ W_, LT NC USN, dtd September 6, 2005
Character Reference ltr from P. L. C_, LT, NC, USNR, dtd September 1, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20001028 - 20010730      COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20010731             Date of Discharge: 20040513

 Length of Service (years, months, days):

         Active: 02 09 13
         Inactive: None

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

 Age at Entry: 17 (Parental Consent)

 Years Contracted: 4 (12 month extension)
Education Level: 12                                 AFQT: 50

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.5 (2)                       Behavior: 3.0 (2)                 OTA: 3 .34

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal


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

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

011108:  Applicant first evaluated by a military psychologist and diagnosed as having a “pain disorder with psychological factors” [Extracted from Mental Health Services letter dated 040426.]

030827:  Retention Warning: Advised of deficiency (Failure to meet physical readiness test standards.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
040426:  Medical evaluation by H_ A. H_ Ph.D. and K_ L. I_, Capt MC USNR, Staff Psychiatrist, Clinical Psychologist at Mental Health Services, Naval Medical Center, San Diego, CA.
 Applicant diagnosed with personality disorder not otherwise specified with borderline and paranoid features. 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 was considered a continuing risk of harm to self or others.
040503:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as honorable by reason of personality disorder.
040503:  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 and submit a statement.
040517:  Commander, Naval Medical Center, San Diego, CA directed the Applicant's discharge with an honorable by reason of convenience of the government - personality disorder. Commanding Officer’s comments: “After careful review of enclosures (1) through (3) it is clear that Hospitalman K_(Applicant) is unsuitable for further military service due to her personality disorder which interferes with her ability to adequately serve in the United States Navy.
 Hospitalman K_(Applicant) was discharged by reason of Convenience of the Government – Personality Disorder. She received an Honorable characterization of service and was assigned an SPD Code of JFX.”
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20040513 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of honorable. 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 Applicant contends that her discharge was inequitable because it was based on one isolated incident in 33 months of service with no other adverse action. The Board found that the evidence of record showed the Applicant was diagnosed with a "personality disorder not otherwise specified, with borderline and paranoid features, by competent medical authority at Mental Health Services, Naval Medical Center, San Diego, CA. The Applicant was recommended for expeditious administrative separation from the Navy based on a personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. Based on the Applicant’s deliberate overdose (valium and renal), competent medical authority deemed her a continuing risk of harm to self or others.
Thus, the Board finds that the 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 and is considered neither punitive nor adverse but a statement of fact. Relief denied.

For the edification of the Applicant, there is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient post-service documentation for the Board to consider.

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 19 June 2005, 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

Similar Decisions

  • NAVY | DRB | 2001_Navy | ND01-00916

    Original file (ND01-00916.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 970812 with an honorable for convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service. 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 (C and D).The...

  • NAVY | DRB | 2005_Navy | ND0501128

    Original file (ND0501128.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19990324 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). The names, and votes of the members of the Board are recorded on the original of this...

  • NAVY | DRB | 2005_Navy | ND0501171

    Original file (ND0501171.rtf) Auto-classification: Denied

    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 “Medical Discharge.” The Applicant requests a documentary record discharge review. AXIS I: Major depression, recurrent 296.30 EPTE Relationship Problem NOS, V62.81 Bereavement, V62.82 AXIS II: 301.83 Borderline Personality Disorder AXIS III: Has fibroid problems AXIS V: Current Global Assessment of Functioning:...

  • NAVY | DRB | 2001_Navy | ND01-01063

    Original file (ND01-01063.rtf) Auto-classification: Denied

    Pt fit for duty psychiatrically, pt should continue evaluation by neurology for her headaches. Relief based on this issue of propriety is not warranted.The applicant’s second issue states: “This discharge is improper because it clearly states in section i, Personality Disorder in SECNAVINST 1910.4B Part 1 reasons for separation, that a separation is not appropriate when separation is warranted on the basis of unsatisfactory performance or misconduct. The summary of service clearly...

  • NAVY | DRB | 2005_Navy | ND0501476

    Original file (ND0501476.rtf) Auto-classification: Denied

    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). 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...

  • NAVY | DRB | 2005_Navy | ND0500497

    Original file (ND0500497.rtf) Auto-classification: Denied

    After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current General Under Honorable Conditions discharge to Honorable, with a change of the narrative reason to Medical Retirement. J. H_, PHD, Staff Psychologist040209: Medical evaluation by Branch...

  • NAVY | DRB | 2000_Navy | ND00-00339

    Original file (ND00-00339.rtf) Auto-classification: Denied

    My discharge was inequitable because it was based on one deficiency incident in 8 months 13 days of service with no other adverse action.After a review of the Former Members (FSM) DD Form 293 application for Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, it is found that Mr. Jones requests a change of the reason code on his Honorable discharge, requesting the narrative reason for separation of personality disorder be...

  • NAVY | DRB | 2006_Navy | ND0600035

    Original file (ND0600035.rtf) Auto-classification: Denied

    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. 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 summary of service clearly documents that a diagnosed...

  • NAVY | DRB | 1999_Navy | ND99-00451

    Original file (ND99-00451.rtf) Auto-classification: Denied

    4 - patient is judged sane, able to tell right from wrong and to adhere to the right, and to assist capably and adequately in his own defense.960614: Applicant notified of intended recommendation for discharge, type warranted by service record, or the least favorable characterization of general (under honorable conditions) by reason of convenience of the government due to personality disorder as evidenced by diagnosis by competent military medical authority which concluded that the medical...

  • NAVY | DRB | 2000_Navy | ND00-00949

    Original file (ND00-00949.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Comments from American Legion dated January 30, 2001 Copy of applicant's DD Form 214Two pages from applicant's service recordLetter from Department of Veterans Affairs dated February 15, 2000 Copy of medical records (12 pages) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of...