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


FOR OFFICIAL USE ONLY


ex-AN, USN
Docket No. ND06-00203

Applicant’s Request

The application for discharge review was received on 20051116 . The Applicant requests the Narrative Reason for Separation be changed . 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 20061006 . 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 .

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the attached letter , dtd August 27, 2005 :

“To Whom It May Concern:

I am respectfully requesting permission to have the following issue regarding my discharge to be reviewed and amended. I have received several letters by mail notifying and instructing me to pay back half of my military enlistment bonus. I strongly feel that I should not have had to reimburse this fund for several reasons including the fact that I am still confused about the reason for my honorable discharge. I am seeking a solution and information through this process in hope of having this issue solved and I am also considering the pursuit of legal aid/representation from a lawyer. This discharge has and is affecting my present and possibly my future advancements in many ways.
I have always conducted myself in a reverential manner and I never received any abysmal evaluations. I became a “striker” for the Dental Department because of my hard work and dedication to become a DT although I was an undesignated Airman. The only difficulty that I may have displayed was not above the mediocre and did not occur frequently (example: being late or shiny boots for uniform inspection).
In the vicinity of 8 or 9pm on October 25th 2003, I was advised by a dental Petty Officer (DTI P_) to speak with a counselor at the off base military hospital due to a argument that occurred over the phone between my mother and I. When I reported to the off base hospital, the CVN-72 ship’s counselor (Lt. R_) was there due to a serious incident that had occurred with a fellow shipmate from our ship. Before this night, I had spoken with some members in my chain of command (Dental Department) in reference to Lt. R_ behavior toward me; I honestly felt as if she had a fixed opposition towards me/my character. 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. I was seen by Lt. R_ against my request but I cooperatively began revealing the stressors that had me there. Some of the stressors that I exposed to her involved a Dental Tech “A” school that I had been waiting to go to for almost a year from the time I began working as an OJT (on the job trained) Dental Tech. I felt that my Senior Chief (Senior Chief C_) was treating me in a manner that was unethical. For example, when the Dental department would muster for uniform inspection, Senior Chief C_ would comment loudly that if someone’s boots where shinier than mines or if he “couldn’t see his face in the waxed floors” that I would go back to the Air Department to “choc and chain” (airman duty). He would always threaten me with these sort of issues. I addressed these issues along with several other allegations to the attention of my chain of command, enlisted and officers of higher rank in other divisions. After the consultation with Lt. R_, I was given a urinalysis by the off base hospital to ensure that during this brief stressful moment I did/had not tried to harm myself (something that I had never attempted) by illegal substance or drug overdose. My urinalysis was negative and Lt. R_ (female) informed me that I would be able to go back to work the following day and everything would be routine. After waiting for hours to be released, I was picked up by a shipmate from the dental department and he informed me that he was instructed to drive me back on base (although I drove my own vehicle to the off base hospital) and that I had to sleep on the ship for the night (even though I lived in a barracks room on base). The following morning I met with the Lt. R_ and Senior Chief C_ in his office in the Dental Department. The arrangement was very brief consisting of me being ordered to pack my possessions because I was being discharged under both the Lt. R_ and Senior Chief C_’s best interest. The reimbursement for my military career concise was an honorable discharge with all benefits and the opportunity to join any other branch in the military. I did not agree with the decision and I immediately requested a conference with the ship’s Chaplin. The ship’s Chaplin determined that my explanation was believable and rational and he set me with an appointment to speak with the ship’s Commanding Officer within the same hour. After explaining the situation at hand and including the other issues that I was having with Senior Chief C_, the ship’s Commanding Officer told me that in his opinion, my mental state was fine. He also stated that his statement/opinion could only be taken as an opinion because he was not a psychiatrist and he could not discard what Lt. R_ had disclosed because if he went against her judgment and he was wrong, he would be in a great deal of trouble. The Commanding Officer reassured me that he would speak with Lt. R_ and try with great effort to get her to converse with me again or evaluate me. I did not receive any other conferences with anyone else and within a matter of 3 days from the time that I spoke with the Lt. R_, I was discharged from the military. I did not go through the routine procedures for military separation. I was grudgingly put out of the military, something I never expected nor was I prepared for. A night discussing some minor stressors was made to look like a night of mental therapy. I was never evaluated for personality or any disorders of that matter. I profoundly believe that my discharge came about because Lt. R_ ostracized my character and because I was reporting about the misconduct and mistreatment in the dental department. I am still in disarray about how I can have a personality disorder but not have a mental illness? This diagnosis was given after speaking with the Lt. R_ only on this one occasion. Even after my devotion to serving my country, on one of the first aircraft carriers (CVN-72) to perform duties during the war Enduring Iraqi Freedom, as the years progress it seems as if all of my commitment to the U.S. Navy was in vain. This discharge (personality disorder) has molded my life into secrecy because of embarrassment. I was told that I would still be able to receive all of my military veteran benefits and that I would be eligible to join any other branch of the military, but time and rejection has proven this reassurance to be incorrect. After attempting to join the Army, Air Force, and even Navy Reserves, I was notified by several recruiters in those branches that because of the type of discharge that I have, I am ineligible to join any branch. I also did not receive my DD214 until this year (2005), which made it very difficult and sometimes impossible for me to receive any veterans benefits for school and health care. When I filed my income tax this year (2005), a disclosed amount was seized because I had to pay back half of my military enlistment bonus. I joined the military with dreams and hopes of success and achievement with the U.S. Navy and I left nothing to show for it. I was not even allowed to keep my military I.D. (it was cut in half and disposed of). I left with labels of “personality disorder”, discharge, and a deficient career. After several calls, I was advised by the Board of Corrections to send this letter attached with the DD Form 293. I am seeking justice for this unjust decision so that I can continue my military career and support my country during this dreadful era. I am requesting to be refunded for half of my enlistment bonus that was taken from my 2005 Federal Income Tax. I would also like the opportunity to continue my service in the U.S. Navy starting from the time I was discharged. I only want the opportunity to be reinstated if I am given the Dental Tech “A” school that I was only promised and deservingly earned. I am also requesting to complete my military term on shore duty since I had already completed my sea duty time. I am anticipating that there will be some sort of compromise. The order that I was given to complete this process was to have the code changed by Navy Council of Review Board and then file a DO Form 149 and request reinstatement.

Thank You In Advance,
C_ B_ (Applicant)
SS# XXX-XX-XXXX”

Documentation

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

Applicant’s DD Form 214 (member 1)
Applicant’s DD Form 215 (member 1)
Applicant’s DD Form 214 (member 4)
Applicant’s DD Form 215 (member 1)
Evaluation Report & Counseling Record , covering period July 16, 2002 to July 15, 2003
Evaluation Report & Counseling Record, covering period July 16, 2003 to October 29, 2003
Defense Finance and Accounting Service , Denver Center, l tr dtd October 20, 2004 ( 3 pgs)

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PART II - SUMMARY OF SERVICE

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

         Inactive: USNR (DEP)     20020131 - 20020211       COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 20020212              Date of Discharge: 20031029

Length of Service (years, months, days):

         Active: 0 1 0 8 18
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: none
         Confinement:              none

Age at Entry: 1 9

Years Contracted: 4

Education Level: 12                                 AFQT: 44 /55

Highest Rate: AN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: 3 .0 ( 2 )              Behavior: 3 .0 ( 2 )                 OTA: 3 .00

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Navy Unit Commendation, Navy “E” Ribbon, National Defense Service Medal, Armed Forces Expeditionary Medal, Sea Service Deployment Ribbon .

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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 :

010206:  Medical Entry: Applicant’s Enlistment Report of Medical History. Applicant denies depression, counseling, hospitalization or treatment for any mental conditions.

021109:  Medical Entry (time - 0050) : Medical Department, USS ABRAHAM LINCOLN (CVN-72), HM2 T_ W. C_, Jr., USN, Neuropsychiatric Technician : Pt (Applicant) is a 19 y/o single AN /USN/AD African American female currently stationed onboard the U SS Abraham Lincoln. Pt. reported that she feels depressed all the ti me . She state d that no one likes her and that the one friend that she does have is angry with her. Pt. reported that most people think that she is cra z y and moody. Pt. reported that she experiences erratic mood swings, crying spells, and depressed mood. Pt. reported no significant stressors at this time. Pt. reported that she is tired and doesn’t want to live any longer. She reported she is unable to sleep at night and also experiences nightmares. She denied HI, A/V hallucinations but reported vague SI without specific plan. MSE-WNL. Eye contact – tearful. Speech – moderate in rate and tone, low in volume. Mood – dysphoric with flat appropriate affect. Thoug h t content/process L/L without s/s of psychosis. Judgement/impulse control – fair. A and O x 3. Memory/reality testing – intact. Pt. reported a past of history of being seen by a counselor when she was 8 y/o for depression. She also disclosed the fact of attempting to kill herself when she was 17 y/o by overdosing on pills.
         Provisional Dx: Axis I: Deferred
         Axis II: Cluster B traits
         Axis III: None reported
         Axis IV: friendship
         Axis V: 65
         Plan: Case staffed with Dr. R_. Dr. R_ enroute to screen the patient and render final disposition.

021109:  Medical Entry (time - 0130): Medical Department, USS ABRAHAM LINCOLN (CVN-72), LT R_ E. R_, Ph.D., MSC, USNR: Concur with above report. Pt appeared tearful, but was reluctant to discuss stresses going on in her life. She briefly mentioned work related stresses related to being on FSA and conflict w/her immediate supervisors. Pt was mildly distressed. Good eye contact but acted immaturely in her presentation. Pt was considered a low risk for suicide. She agreed to be seen in AM for full evaluation.

0211 10 :  Mental Health Consultation Report: Medical Department , USS ABRAHAM LINCOLN (CVN-72) , LT R_ E. R_, Ph.D., MSC, USNR: Patient (Applicant) seen on 021109. This is first evaluation for this 19 year old single, African-American female AN/USN/AD with 10 months CAD currently stationed onboard USS Abraham Lincoln. Patient reported that she is very unhappy and depressed. Pt reported that she was sent TAD from U-Z to Dental for some OJT. Pt. reported that she does not get a long well with her MS2 because she stated that she thinks the MS2 is crazy because alledgedly the MS2 carries on conversations with her ownself. She reported that she has been experiencing trouble within her berthing because she stated that 4 Deck dept girls do not like her and have been lying on her. Pt. reported that she broke up with her significant other yesterday due to these above mentioned stressors causing problems between them. Pt. reported that she was seen by a counselor when she was 8 y/o 5 times a week for an unremembered amount of time for depression and anger. She reported that she attempted to overdose on aspirins when she was 17 y/o. She reported she fainted and her mother took her to the hospital and had her stomach lavaged. Past History: Reliability considered Fair. Education History, reported that she dropped out of high school one time due to death in the family. Finished HS. Frequent fighting and conflicts with authority. Vocational History , worked as exotic dancer when she was 17 y/o; frequent problems with peers and co-workers. Military History, currently cranking, assigned TAD to Dental also has DT “A” school scheduled in April ’03; wants to be an orthodontist. Family, biological parents never married. Mother, described a chaotic relationship with mother. Father, never knew biological father—currently in prison; step-father and she had frequent verbal and physical altercations due to personality difference and his use of drugs. She is oldes t o f 3 sibl ings —she is not fully related to either sibling; reported she is very close to both sisters especially her youngest one. Lived with grandparents a large portion of her childhood due to her differences with her step-father. Denied knowledge of (family psychiatric) history. Reported that she fin d s it very difficult to make and maintain relationship s with other people; very small support system on ship. Recently terminated a relationship with a S/O; no history of children abortions, and/or miscarriages. Physical fights with mother and step-father. Denied sexual abuse. Emotional abuse, mother and step-father. Acohol, denied use. Drug abuse denied. Tobacco, denied. Caffeine, 1-2 per day. No known allergies or medications. Suicidal/Homicidal Risk As s essment and History: vague without specific plan. Duration S/H ideation: 3-4 days. No specific plan. Precipitant: peers. Current assessment: Low.
Provisional Diagnosis:
Axis I: Occupational Problems, PRP
Axis II: Deferred
Axis III: None Reported
Axis IV: Peer relations, supervisor, PRP
Axis V: 55
Recommendation: The patient was educated regarding her diagnoses and disposition. Patient did indicate and understanding of the same. Pt to f/u with HM2 C_ on 14NOV02.

021114:  Medical Entry : Medical Department, USS ABRAHAM LINCOLN (CVN-72) , HM2(SW) T_ W. C_, Jr., USN, Neuropsychiatric Tech: Applicant did not show for scheduled appointment.

031022:  Medical Entry (time – 0200): Emergency Room, Bremerton Naval Hospital, LCDR L_ A. B_, MC, USNR: Applicant Chief Complaint, “I don’t know what I’m going to do.” Assessment/Diagnosis: Eval suicidal ideation. 20 yo AD female came to ER at advice of her LPO whom she called tonight. Pt broke up with boyfriend tis evening and spoke with her mother on phone. Mother “puts her down.” Describes poor family situation, has mother with drug abuse. 1 sib ran away. Pt bought Tylenol and was contemplating ingestion. Currently denies SI “I don’t want to die” but states “Everything is falling apart.” Positive n/o suicide attempts in past most recently about 1 year ago. Did not take any pills tonight. Positive n/o mental health hospitalization age 17. Followed by psychology on USS Lincoln . ROS: positive feels depressed “forever.” Lower abd cramping off/on x 1 year. Positive Chlamydia in past, did not pick up meds. (Illegible) 3 d ago, nl. Positive auditory/visual hallucinations. Young and tearful @ times. (Illegible.) Alert, cooperative, negative pressured (illegible) and eye contact. AD x 11/2 yr. Strker for dental tech (stressful), denies ETOH, denies illicit drugs. (Illegible.) Pt contracts convincingly for safety. I feel she is low risk for self harm. Ship’s psychologist Dr. R_ is present in ED & will eval. Pt has no urgent medical condition which would preclude psychiatric eval and treatment. See psychiatric eval. Disposition: Full Duty. Condition Upon Release: Improved. Instructions to Patient: FU Dr. R_ as arranged with her. Stay with escort as arranged. Return if worse.


031022:  Medical entry (referral from ER, LCDR L_ A. B_, MC, USNR. Provisional Diagnosis, Suicidal Ideation) : Medical Department, USS ABRAHAM LINCOLN (CVN-72), LT R_ E. R_, Ph.D., MSC, USNR , Clinical Psychologist : 20 yo AA single female AD/E3/USN stationed aboard USS Abraham Lincoln. Well known to psych for several low lethality overdoses. CC: “stressed and depressed .” 2 ^o to work, family, and significant other problems. BF broke up w/her tonight, mother called and was verbally abusive and earlier in day had received disappointing news at work. Tonight, left BEQ w/plan to purchase OTC medication for suicide attempt. She purchased Tyleno l , but called LPO rather than take them. She followed his guidance and dro v e self to ER. PT denies current SI/intent stating “I just want to stop feeling like this.” MSE: A&O x 4, mildly distressed, resting quietly w/occasional tears. Mood mildly dysphoric affect: congruent w/intact sense of humor. Cooperative. Future oriented, but cautiously optimistic. TP:LLGD TC: negative SI/HI negativ e AH/UH. I&J poor IC fair.
         Dx: II: Personality D/O NOS B traits V: 51
         Plan: (1) Not fit for full duty
(2) RTN to ship w/escort
(3) 1:1 until re-eval in AM.

031022:  Ltr from LT R_ E. R_, Ph.D., MC, USNR, Clinical Psychologist, Medical Department, USS ABRAHAM LINCOLN (CVN 72) to Commanding Officer, USS ABRAHAM LINCOLN (CVN 72), subject: Recommendation for Expeditious Administrative Separation, Case of C_ B_ AD/E3/USN (SSN) (Applicant). Applicant diagnosed with Borderline Personality Disorder (EPTE). The member is not considered to be mentally ill (no medically boardable condition), but manifest a long-standing disorder of character and behavior which is of severity as to render this individual unsuitable for continued military service in the U.S. Navy. She does not presently require, and will not benefit from hospitalization. Short term psychiatric treatment for this condition is of limited benefit, and long term treatment is not available with the military. Although the service member is not imminently suicidal, this member i s judged to represent a significant risk to self if retained on active duty. She is deemed fit to return to duty for immediate processing for administrative separation, which should be carried out expeditiously in compliance with NAVMILPERSMAN 1910-122. Although not acutely suicidal, the service member is at continuing risk to become dangerous to self or others in the context of routine military duties and stressors. This may happen unpredictably and with little provocation. Due to the nature of the sailor’s personality disorder and his (sic) life circumstances, there appears to be a realistic threat that delays in the processing of an administrative separation may provoke behavior that is harmful to others or the equipment. Therefore, the requirements of a documented further trial of service in accordance with MILPERSMAN 1910-122 are waived. It is recommended that the command expeditiously administratively separate the sailor due to unsuitability.

031024 :  Applicant notified of intended recommendation for discharge by reason of Convenience of the Government-Personality Disorder with the least favorable characterization of service as G eneral ( U nder H onorable C onditions) .

0 31024 :  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 .

031024 :  Commanding Officer, USS ABRAHAM LINCOLN (CVN 72) discharge s Applicant with an honorable characterization of service by reason of C onvenience of the G overnment- P ersonality D isorder . Commanding Officer’s comments : “ AN B_ (Applicant) is to be discharged from the naval service on the basis of Convenience of the Government-Personality Disorder with a characterization of service as Honorable .”

031024:  Applicant physically qualified for separation.

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20031029 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 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).

In the Applicant’s issue, the Board found that t he documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The Applicant was diagnosed with a personality disorder by a competent medical authority on 20031022. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. The Applicant’s narrative reason for separation, “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.

The Applicant suggests that her diagnosis of personality disorder was not the result of proper medical evaluation but the result of a “fixed opposition towards [her] character” on the part of the Clinical Psychologist who offered the diagnosis. The government enjoys a presumption of regularity in the conduct of its affairs. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support her issue. There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention that the Clinical Psychologist misdiagnosed her. The Applicant’s statements alone do not overcome the government’s presumption of regularity in this case. Relief denied.

Regulations limit the NDRB’s review to a determination on the propriety and equity of the discharge. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces. Reenlistment policy of the naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Similarly, the NDRB has no any authority to determine personnel assignments within the Navy or to address tax disputes. Relief 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 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 Present, 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 .

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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