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NAVY | DRB | 2006_Navy | ND0600158
Original file (ND0600158.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND06-00158

Applicant’s Request
The application for discharge review was received on 20051103. 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 20060926 . After a thorough review of the available , 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 character of discharg e shall change to UNCHARACTERIZED but the reason for discharge shall remain by reason of convenience of the government due to 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 incident in the six months I was in the service. Nothing else was ever done to try to correct the problem, even though there were other options. Now due to the type of discharge, I am unable to reenlist into the service.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 4)
Ltr from Appl icant, undated

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20031027 - 20040907      COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20040908             Date of Discharge: 20050211

 Length of Service (years, months, days):

         Active: 00 05 04
         Inactive: None

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

 Age at Entry: 19

 Years Contracted: 4 (24-month extension)

 Education Level: 1 2                                  AFQT: 86
Highest Rate: SN

 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): National Defense Service Medal .

* Not A pplica ble


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 :

041207:  Mental Health Clinic Triage/Assessment Form by B. J. C_, PhD:
          Presenting Problem: Anger, Adjustment. Complained of feeling hopeless about being in the Navy – stated that he is not happy being here, but doesn’t know where else to go. Reported that he “broke down in tears during a lab yesterday” and “ feel like crap”
          Diagnostic Impression: Adjustment DO with depressed mood . Applicant assessed as moderate risk for self harm because of stated conflict, hopelessness, & suicidal ideation.
          Plan: Referred to the outpatient Mental Health Clinic as an acute referral based on recent suicidal thinking.
041215:  Naval Hospital, Great Lakes, Psychology 200H by K_ P. B_, PhD :
 Change in Problems: SI less frequent, continued to c/o unhappiness w ith having enlisted. Difficulty concentrating
 Mental Status Exam: Mildly depressed and anxious mood, congruent affect, no abnormal speech or behavior, no SI or HI
Diagnosis: 309.28
 Risk of Harm: N o change in suicide risk factors; risk judged low
Between S ession P lan: D epression self-care.
050102:  North Chicago VAMC:
 Applicant admitted because of SI. Chief complaint: “I want to kill myself by taking pills.”
 History of present illness: Patient reports he came back 5 hours ago from Colorado and he was feeling depressed for a long time, but it became so overwhelming, he decided to kill himself by overdosing on a bunch of pills. He spoke with his supervising officer who sent him to the ER and from there he was sent to NCVA.
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. He reports one when he was 15 years old he tried to overdose on pills. He reports things did not go well on that day and he had a basket ball game and he felt if he took some meds it would give him more adrenalin and he would not feel anything. He reports another time when he was 17, he had drunk alcohol and he decided to kill himself with a gun he owned, but friends intervened and took the gun away.
050103:  North Chicago VAMC:
 Applicant discharged with military escort to parent command to await separation
Diagnosis :
 Axis I:           Adjustment D/O with depressed mood
Axis II:         Personality Disorder NOS with borderline traits
 Axis III:        None
Axis IV:         Severity of psychosocial stressors : 2
Axis V:  60
P lan :
 D ischarge meds : None
 F ollow up with Dr. B_ and as needed for recurring SX or emerging SI in the MHC or ER. Patient also educated about the importance of F/U after separation and was given information about CMH resources in his area.
R ecommend to a bstain from drugs and ETOH .
 The Patient expressed understanding and agreement with above plan.
050103:  Naval Hospital, Great Lakes, Psychology 200H by K_ P. B_, PhD:
                   Change in Problems: SI in reaction to returning to Great Lakes
 Significant events: Returned from holiday leave yesterday, disclosed SI and was hospitalized last night at the DVA Medical C enter in North Chicago; reportedly recommended for Administrati v e Separation by inpatient provider.
 Treatment Response: Treatment not effective in helping patient adapt adequately to the rigors of a military vocation.
 Mental Status Exam: Anxious mood and congruent affect, no abnormal speech or behavior, no SI or HI
Diagnosis: 311, Depressive D/O NOS; V62.2, Occupational Problem
 Risk of Harm: D emographic suicide risk factors as previously noted; acute risk factors included anxiety, SI with potentially lethal plan (“han g [him] self, take pai n-killers”), depressive turmoil.
Walk-in counseling as needed
050211:  DD Form 214: Applicant discharged with a General (Under Honorable Conditions) by reason of 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 20050211 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 im p roper (B ).

According to MILPERSMAN 1910-122, separations based on a personality disorder should be characterized as H onorable unless a n Entry Level Separation (ELS) or General (Under Honorable Conditions) is warranted per MILPERSMAN 1910-300 to 308. Since the Applicant was notified of intended recommendation for discharge within the first 180 days of enlistment, an ELS was warranted per MILPERSMAN 1910-308. This regulation stipulates that eligible members will be described as ELS except when characterization of service as Honorable or Other Than Honorable Conditions is warranted. The Board unanimously determined that the Applicant was in an entry level status, and there were no unusual circumstances regarding his performance or conduct that would merit another characterization of service. The Board concluded that the Applicant’s discharge was improper and unanimously voted to change the character of service to Uncharacterized.

The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge.

The Applicant is advised that 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), 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 .




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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