Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600120
Original file (ND0600120.rtf) Auto-classification: Denied


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

ex-BM3, USN
Docket No. ND06-00120

Applicant’s Request
The application for discharge review was received on 20051026. 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 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, impropriety in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the discharge and the reason for discharge shall change to: HONORABLE/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:

“I believe my discharge should be upgraded to an honorable discharge because although I only served 17 months I served my time honorably. I took the BM3 test 3 months on board and was advanced. I made every stride possible to be an outstanding sailor; including but not limited to, volunteering at Seatack Elementary School, qualifying myself as high as possible, I helped with a Toy Drive for underprivileged children, and I helped with training for my entire division. I only wish I was capable of still serving so I could help more sailors. However, since I cannot I would like to return to school and finish my education so that I can better my life as a civilian and hopefully better the life of others by making a contribution of my own to the world.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Applicant’s DD Form 214 (Member 1 copy)
Evaluation Report & Counseling Record (5 pgs)
Reference ltr from ENS B_ E. M_, USNR Combat Information Center Officer, dtd January 21, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20021211 - 20030901      COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20030902             Date of Discharge: 20050121

 Length of Service (years, months, days):

          Active: 01 04 20
         Inactive: None

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

 Age at Entry: 21

 Years Contracted: 4

Education Level: 12                                 AFQT: 75

 Highest Rate: BM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.0 (3)              Behavior: 3.3 (3)                          OTA: 3 .35

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):

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

041025:  Consultation Request to psychiatry from USS O AK HILL for repeated panic attacks/crying spells while underway.
                   Diagnostic Impression: Panic attacks/Major Depression D/O
                   Patient being seen by psychiatry at N aval Medical Center Portsmouth
041208:  Individual Therapy
         Diagnostic Impression:
 AXIS I: v62.82 Beravement; 309.28 Adjustment Disorder with mixed Anxiety and Depressed Mood.
          AXIS II: V71.09
         AXIS III: Denied
         AXIS IV: GAF 70
         Treatment Plan: 1. Patient fit for full duty; return to command 2. Patient contracted for safety; no current danger to self or others, and agrees to seek medical assistance if safety status changes. 3. Treatment issues discussed and agreed to by patient (mentally competent to take part in treatment planning). 4. Pt referred to Anxiety workshop by Dr. W_. 5. Patient to continue therapy with B_ B_, LCSW.

050102:          Referral for Emergency Evaluation by Psychiatry NMCP
         Diagnosis:
 AXIS I: Adjustment Disorder with Depressed and Anxious Mood.
          AXIS II: Deferred.
         AXIS III: None.
         Plan:
1. The patient is psychiatrically fit for full duty
          2. The patient is highly recommended for a routine Administrative Separation as per MILPERSMAN Article 1910-122. The patient has severe inability to adjust to the demands of military service. She is considered unsuitable for service.
1. Follow up with LCDR W_ this week. The clinic phone number is ----. LCDR W_ and LT A_ are the points of contact for this patient.
2. The case was discussed with CDR S_, attending psychiatrist, who concurs with the plan
3. T he patient is to seek medical attention or call 911 immediately if the patient becomes suicidal, homicidal, or experience s hallucinations or delusions.
4. The plan was reviewed with the patient and the patient's escort, who conveyed understanding .

050106:  Medical evaluation by LCDR/MC/USNR J_ W_, Psychiatry, NMC Portsmouth.
          AXIS I: Adjustment Disorder with Mixed Anxiety and Depression.
         AXIS II: No diagnosis.
         AXIS III: None.
         AXIS IV: History of sexual assault.
         AXIS V: 50 (serious symptoms limited to shipboard environment).
          Plan: 1) Given the increasing severity of her symptoms limited to duty aboard ship, I concur with the previous recommendation of Administrative Separation. It is unlikely, given the severity of her traumatic history, th at she will improve and be able to carry out her military duties.
                  2) Provide referral information to Avalon Women’s Outreach for support groups.
                  3) Continue individual therapy with Ms B_.
                  4) Follow as needed with Psychiatry.
                  5) Case seen with Capt B_, staff psychiatrist who concurs.
050118:  Medical Officer USS OAK HIL L (LSD 51) determined Applicant qualified for separation from active duty.

 050121:  DD Form 214: Applicant discharged general (under honorable conditions) by reason of convenience of the government-personality disorder.

Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20050121 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 impr oper and unequitable (B and C). The Board presumed regularity in the conduct of governmental affairs (D).

In the Applicant’s case relief has been granted. The A pplicant requested that her discharge be upgraded to Honorable because she served her 17 months in the military honorably. For discharges based on personality disorder, the discharge should be honorable unless there exists justification for a general (under honorable conditions). The Board found no counselings, nonjudicial punishments or evaluations to warrant a general (under honorable conditions) characterization. Therefore, the Board found that the Applicant’s general (under honorable characterization) was inequitable and voted unanimously to change the Applicant’s discharge characterization to honorable. Relief granted.

Although not complained of by the Applicant, the B oard also found impropriety in the Applicant’s case. The Applicant was improperly discharged for personality disorder. Members may be separated for personality disorders provided (1) a medical diagnosis is made by competent military medical authority which concludes that member's disorder is of such severity as to render member incapable of serving adequately in the Naval Service; (2) there is documented interference with performance of duty; and (3) counseling per reference A is completed. Counseling is not required in cases where the military medical authority has evaluated the member as being self-destructive and/or a continuing danger to him or herself and others. In these cases, immediate processing for administrative separation may be initiated. This does not imply automatic approval of the discharge request, only expeditious consideration. The Applicant did not qualify for separation due to a diagnosis of personality disorder because the Applicant received a medical diagnosis of adjustment disorder; therefore, her discharge by reason of personality disorder was improper.

In cases where no other reason for separation set forth in the Naval Military Personnel Manual is appropriate, but where separation of a member is considered to be in the best interest of the service, the Secretary of the Navy has the authority to direct the separation of any member prior to the expiration of their term of service. The Applicant’s Commanding Officer determined the Applicant had no potential for further naval service. The basis for his determination is clearly documented in the service record. There is no other narrative reason for separation which accurately describes the reason the Applicant was separated. Therefore, the NDRB determined that the reason for the Applicant’s discharge shall change to Secretarial Authority.

The Applicant requested an upgrade in part because she wants to go to school and finish her education. 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 and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Relief on this basis is 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), 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 .

 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

Similar Decisions

  • NAVY | DRB | 2006_Navy | ND0600189

    Original file (ND0600189.rtf) Auto-classification: Denied

    ND06-00189 Applicant’s Request The application for discharge review was received on 20051107. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Treatment Plan: 8 months LIMDU away for stressor, Depakote for treatment of impulse control/lability, Individual psychotheraphy @ Fleet and Family services, NMCP outpatient crisis intervention program Limitations: Shore duty only – no weekends, nights, or rotating shifts.

  • NAVY | DRB | 2005_Navy | ND0501403

    Original file (ND0501403.rtf) Auto-classification: Denied

    On this basis, we proffer that amendment of the narrative reason to Secretarial Authority is also warranted.In accordance with Title 32, CFR, Section 724.116 and SECNAVINST 5420.174D, Part I, Paragraph 1.20, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to the Applicant’s petition. Due to Applicant’s personality disorder, the patient may not be suitable for further military service. The Applicant was...

  • USMC | DRB | 2006_Marine | MD0600255

    Original file (MD0600255.rtf) Auto-classification: Denied

    and pt. Naval Hospital, Okinawa, M. W_: S: Pt (Applicant) seen in follow up denying any further suicidal/homicidal ideation or depressive symptoms since last appointment. In the Applicant’s issue that the narrative reason for discharge should be depression instead of personality disorder, the Board found that the Applicant was diagnosed with " Personality Disorder Not Otherwise Specified with Passive/Aggressive Traits " by competent medical authority at the Psychiatric Clinic, U. S. Naval...

  • USMC | DRB | 2006_Marine | MD0600226

    Original file (MD0600226.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 “Secretarial Authority.” The Applicant requests a personal appearance hearing before the Board in the Washington, D.C. Metropolitan area. The patient denied symptoms of psychosis, including auditory and visual hallucinations, paranoia, ideas of reference, or an active delusional system. The Applicant provided one...

  • NAVY | DRB | 2006_Navy | ND0600424

    Original file (ND0600424.rtf) Auto-classification: Denied

    ND06-00424 Applicant’s Request The application for discharge review was received on 20060126. APPLICANT’S ISSUES AND DOCUMENTATION Issues, as stated Applicant’s issues, as stated on the application: “ At the time of my discharge, I had some serious personal problems that made it difficult for me to focus on my job as a Navy Hospital Corpsman. Whatever happens, thank you for your time & consideration.” Documentation In addition to the service and medical records, the following additional...

  • NAVY | DRB | 2006_Navy | ND0600203

    Original file (ND0600203.rtf) Auto-classification: Denied

    ND06-00203 Applicant’s Request The application for discharge review was received on 20051116. This was known throughout my department and that was the reason DTI P_ advised me to report to the off base hospital instead of our ship that night. Denied knowledge of (family psychiatric) history.

  • NAVY | DRB | 2006_Navy | ND0600158

    Original file (ND0600158.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Past Psychiatric History: Patient reports although this is the first time he has seen a psychiatrist, he was feeling depressed and was asked to see Dr. B_ in the Navy, who told him he had depression and did not put him on any meds. After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that...

  • NAVY | DRB | 2005_Navy | ND0500958

    Original file (ND0500958.rtf) Auto-classification: Denied

    ND05-00958 Applicant’s Request The application for discharge review was received on 20050516. B_ (Applicant) request the Bad Conduct Discharge be upgraded to a General Discharge due to clemency; along with his psychiatric condition he suffers from Schizophrenia, Paranoid Type; Axis I, 295.34; since military service was responsible for his Bad Conduct Discharge. 706 board.

  • NAVY | DRB | 2005_Navy | ND0500741

    Original file (ND0500741.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.” The Applicant requests a documentary record discharge review. Issues, as stated Applicant’s issues, as stated on the application:“I was discharged for medical reasons and I feel that my discharge should be honorable for medical reasons. The record indicates that separation was directed by the Commanding...

  • NAVY | DRB | 2006_Navy | ND0600148

    Original file (ND0600148.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. APPLICANT’S ISSUES AND DOCUMENTATION Issues, as stated Applicant’s issues, as stated on the application and/or attached document/letter: “ Dear NDRB,The following issues are the reasons I believe my discharge should be upgraded to Honorable and the reenlistment code be changed to RE-1 with corresponding Separation Program Number/designator. If I was considered such...