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NAVY | DRB | 2006_Navy | ND0600213
Original file (ND0600213.rtf) Auto-classification: Denied


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

ex-YNSR, USN
Docket No. ND06-00213

Applicant’s Request
The application for discharge review was received on 20051116 . The Applicant requests the Narrative Reason for Separation be changed to “ Adjustment Disorder .” 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 2006100 6 . After a thorough review of the records, supporting documents, facts, and circumstances unique to this case , an impropriety in the narrative reason for separation was discovered by the NDRB. The Board’s vote was 4 to 1 t hat t he discharge shall change to: HONORABLE/ CONDITION, NOT A DISABILITY, authority: MILPERSMAN 1910-120 , Separation Code “ K F V .”


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:
“ Because of the fact that my DD 214 lists the reason for separation as a Personality Disorder, it has been hard for me to obtain employment w/State, City, or Government agencies (Please see encls.) ”
Applicant’s Remarks: (Taken from the DD Form 293.)
“ I would just like to say that I think it would only be fair, sir or ma’am, that my DD 214 was corrected to reflect the correct reason for separation from the U.S. Navy so that I might be afforded the same opportunities as others to become gainfully employed. Please take into consideration my Honorable Discharge.
Thanks Sincerely,
[signed] E_ M_(Applicant) ”

 Documentation
In addition to the service and medical record s , the following additional documentation, submitted by the Applicant, was considered:
15 pages from Applicant’s service and medical record s
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19990409 - 19990810       COG
         Active: None

Period of Service Under Review :
Date of Enlistment: 19990811              Date of Discharge: 20000204

Length of Service (years, months, days):

          Active: 00 0 5 2 5
         Inactive: None

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

Age at Entry: 18
Years Contracted: 4
Education Level: 12                                 AFQT: 46

Highest Rate: YNSR

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3 .0 ( 1 )                        Behavior: 1.0 ( 1 )                  OTA: 2 . 2 0
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): NONE.


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 :

000125:  Medical evaluation by K. D_, Cdr, MC, USN, Staff Psychiatrist at Naval Medical Center, Portsmouth, VA.
HPI: Applicant reported history of depressive symptoms for 5 months due to dislike of Navy, and desires separation. Did not bring medical record. Full report to be dictated.
         Diagnosis:
         AXIS I: Occupational problem.
                  Adjustment disorder with depressed mood.
         AXIS II: None.
         AXIS III: None.
         AXIS IV: Routine military service.
         AXIS V: 70/90.
          Recommendations:
         1. Recommend an administrative separation by Reason of Convenience of the Government due to a mental condition (Adjustment Disorder) not constituting a physical disability per DoD Instruction 1332 38 and MILPERSMAN Article 1910-120. The member is not considered mentally ill and returns to full duty. The member’s condition impairs her ability to function effectively in the Naval environment and interferes with the member’s performance of duty. The member understood that separation is a command decision and was not promised by the psychiatrist. In the examiner s opinion, the member does not possess a severe mental disease or defect for purposes of R.C.M. examinations and is considered competent for her actions.
2. There are no psychiatric contraindications to any administrative, disciplinary, or legal action deemed, necessary by the parent command.
3. Follow-up prn.
4. The patient understands that she is to seek medical attention if she becomes suicidal or homicidal and agrees to do so.
5. The point of contact at NMCP psychiatry clinic is CDR D_ at [phone number deleted].

000127:  Applicant requested separation from the Navy based on mental condition not amounting to a physical disability. The medical condition is an adjustment disorder .
 Applicant’s remarks: “I believe this medical condition will limit my potential for continued naval service because I will eventually have an depression-related breakdown or worse, is my fear. Since I’ve been in the Navy, I have often time contemplated doing things to myself and others that’d never crossed my mind before joining.”
000128 :  Commanding Officer, SEAL Team EIGHT , directed Applicant’s honorable discharge by reason of personality disorder . Commanding Officer instructed the Applicant’ s DD214 to be prepared as follows:
 Block 25, separation authority: 1910-1 2 2 (Personality Disorder).
Block 26, separation code: SPD CODE KFX (Personality Disorder, voluntary).
Block 28, narrative reason: Personality Disorder.
 Commanding Officer’s letter included, as a reference :
 MILPERSMAN 1910-120 (Condition not a disability).
 Commanding Officer’s letter ’s enclosures were :
 NAVMEDCEN Portsmouth ltr of 25 Jan 00 .
 Applicant’s ltr of 27 Jan 00.

000204:  Applicant discharged. DD214 reads:
         Separation Authority: MILPERSMAN 1910-120 (Condition, no t a di sability).
          Narrative Reason : Personality Disorder.
          Separation Code: KFX (Personality Disorder, voluntary).
        

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20000204 by reason of convenience of the government on the basis of a 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 the Applicant’s discharge was equitable, but not proper (B and C) .

The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The evidence of record does not show that the Applicant met the criteria for discharge by reason of convenience of the government due to a personality disorder. Therefore, the Board determined that the Applicant’s discharge was improper. The evidence of record shows that the Applicant was evaluated and diagnosed on 20000125 as having an occupational problem and an adjustment disorder. As a result of that evaluation, the Applicant’s administrative separation was recommended by the staff psychiatrist at Naval Medical Center Portsmouth. Subsequently, on 20000127, the Applicant requested separation based on her condition, not a disability. Therefore, the Board determined that “condition, not a disability” most accurately reflects the reason the Applicant was discharged. Relief granted.

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. 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 24, effective
20 May 99 until 26 March 2000, 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 503, Equity .
C. 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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