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NAVY | DRB | 2006_Navy | ND0600238
Original file (ND0600238.rtf) Auto-classification: Denied


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

ex-AN, USN
Docket No. ND06-00238

Applicant ’s Request
The application for discharge review was received on 20051116 . 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. T he Applicant designated a civilian counsel as the 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 character of the discharge and reason for discharge shall not change. The discharge shall remain u ncharacterized by reason of convenience of the government due to a physical or mental condition, not a disability.

PART I -

APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant ’s issues, as stated on the application and attached letter:
“To me and my family was a great honor to have enlisted in the United States Marines. This decision went along with a lot of emotions and a great engagement of building a military career. I left everything I had in order to make my dreams come true. This has been to join the navy and becoming a mechanic aviation engenier I also had a goal , this was to become a mechanic teacher. When I enlisted that got to boot camp almost completing my basic training even though it was hard for me because I knew very little English, I understood that my MOS was not the MOS that I had solicitaded before enlisting. They told me that this job was mech. Aviation. As soon as I found out this was not the job I wanted, I got depressed . And starting searching help in every possible office including the chaplin. I did not want to get out of the navy the only thing that I wanted in that moment was for them to give me the job that I was really asking for. In every place that I went to including some leaders in my divition seeking for help indicated me the same thing, That I had to complete my contract in order to reclassify me or change my duties. I got upset falling more into depression. I felt desperate thinking that I had left other options in P.R and by trying to follow my dreams I found deception. I never thought I would do what I did. If it was not for the paramedics that got there on time I would have died. After this assault against myself I lost my ego and kept on falling more and more into depression. I write to you with all my respect to let you know that I really need medical help one that I could not afford at this time. And at the same time Ask you to please change my medical discharge to honorable medical discharge so I could get the help that I need from the Veterans Hospital.

Thanks for your time
G_ R_(Applicant)
[signed]

Translated by K_ V_
(wife) ”
Additional issues submitted by Applicant ’s counsel ( civilian counsel ):

 “ Dear Members of the Board:

 The undersigned attorney has been retained by Mr. G_ R_( Applicant ) for the revision of the discharge process.
Mr. R_( Applicant ) was separated from service October 4, 1999 with an uncharacterized discharge. We are requesting a review of the discharge based on medical conditions. We respectfully request a change of the discharge to honorable.

Enclosed Form 293, form 214, Statement of G_ R_( Applicant ) and K_ V_, the MILPERSMAN FORM 1910-402 and North Chicago VA Medical Center file.

WHEREFORE, it is respectfully requested from this agency to grant our petition.

Sincerely yours,

 [signed]
 C_, C_ & A_
O_ N_ M_, ESQ. ”

 Documentation
In addition to the service and medical record s , the following additional documentation, submitted by the Applicant , was considered:
Applicant ’s DD Form 214 (Member 1 and 4)
Extracts from Applicant ’s service records (7 pages)
Character Reference ltr from K_ V_, Applicant ’s wife, undtd

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19990522 - 19990621       COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 19990622              Date of Discharge: 19991004

Length of Service (years, months, days):

          Active: 00 0 3 13
         Inactive: None

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

Age at Entry: 25

Years Contracted: 4
Education Level: 1 3                                  AFQT: 57

Highest Rate: AN

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): NONE

* Not Available


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

UNCHARACTERIZED (Entry Level Separation)/CONDITION, NOT A DISABILITY, authority: MILPERSMAN, Article 1910-120 (formerly 3620200).
Chronological Listing of Significant Service Events :

990522:  Applicant briefed on Navy's policy of drug and alcohol abuse.
990824:  Medical Entry: Recruit Evaluation Unit, Branch Clinic 1017, Naval Hospital, Great Lakes, IL , J_ E_ D_, Ph.D., Clinical Psychologist/Staff: SR (Applicant) was interviewed and evaluated. On the basis of reported history, interview and assessment data, and behavior observed while at RTC, it has been determined that the SR is returned for a trial of duty/return to duty. Mental Status Exam is within normal limits. Individual was thoroughly assessed to rule out suicidal and homicidal risk and has denied any present thoughts or intended gestures or plans. The SR was educated as to condition this date.
         Diagnosis: Axis I: Acculturation problem. Occupational problem, v62.2.
 Axis II: No diagnosis, v71.09.
         Recommendations: Return to duty.
990920:  Applicant admitted into North Chicago, IL, V.A. Hospital.
         [Extracted from North Chicago, IL, V.A. Hospital entry dtd 990921.]
990921:  Medical Entry: North Chicago, IL, V.A. Hospital, Mental Health Team A , J_ C_, Psychiatry Attending: Confidential information. 26 y.o. male Navy recruit from Puerto Rico was transferred from Navy Hospital after ingested 25 pills of Naproxen and Sudafed. He has been at the Naval Base for three months for training. He complains that he has suffered since his arrival. He wanted to become a airplane mechanics, but he was only trained to do less important job. He missed his son . D ue to the fact he speaks very little English that he failed in the exam. He did not being yelled during the training ( m arch). He felt so desperated that he overdosed with meds. He was unconscious and taken to ER. He was stabilized then transferred to VA, NC for further care. Denies any previous suicide attempt. Denies history of alcohol or drug abuse.
          Insight: He wants to get out of the Navy.
         AXIS I: Adjustment disorder with depressed mood.
         II: None.
         III: Back and leg pain.
         IV: Occupational and family (missing his son) problem.
         V: 20 on admission, 50 now.
         Plan: DC suicidal precaution level II, DC SP Level I in one hour. Will discharge patient to Navy in a day or two.

 990922:  Addendum: North Chicago, IL, V.A. Hospital, Mental Health Team A, J_ C_, Psychiatry Attending: Confidential information. Patient (Applicant) was discharged to Navy this morning. Since the patient is not suffering from major depression therefore psychotropic medication is not indicated. However since he made a very serious suicide attempt, it may not be the best interest for him and Navy to continue in the Navy.
990922:  Medical entry: Recruit Evaluation Unit, Branch Clinic 1017, Naval Hospital, Great Lakes, IL, J_ E_ D_, Ph.D., Clinical Psychologist/Staff : SR comes to REU as a transfer from the inpatient psychiatry ward at North Chicago V.A.. He attempted suicide by taking 25 pills (Naproxen and Sudafed & others). He was found unconscious and taken to the ER. Because there were no beds available in inpatient psychiatry, he was transferred to the V.A.
          SR was interviewed. I agree with the diagnosis given by Dr. C_ in the V.A. discharge summary. SR was interviewed with assistance of HM2 S_, who served as interpreter (HM2 is LPO for REU).
         Recommend ELS for disqualifying psychiatric condition. SR was encouraged to seek treatment. He denies current thoughts or intent to harm self or others.

 990922:  Medical Entry: Recruit Evaluation Unit, Department of Mental Health, Naval Hospital, Great Lakes, IL by J_ E_ D_, Ph.D., Clinical Psychologist/Staff: T ransfer from Naval Hospital 5 East to Ship 1420 . Member (Applicant) was briefed on general information concerning administrative separation processing and daily responsibilities and living at Separations Division, Ship 1420. Member was informed regarding the availability of mental health staff at the AMHU for both routine and emergency psychological concerns. Member verbalizes awareness of above, which includes asking staff or shipmates to ask staff to get the SR psychologically evaluated anytime of day or night. Member assesses as low risk of harm while awaiting separation and safe for Ship 1420 awaiting separation.

990927 :  Applicant notified of intended recommendation for discharge by reason of convenience of the government due to physical or mental conditions as evidenced by an adjustment disorder with the least favorable characterization of service possible as general (under honorable conditions) .

990927 :  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 .
990928:  Commanding Officer, Recruit Training Command, Great Lakes, IL, authorizes separation from the naval service by reason of convenience of the government due to physical or mental conditions as evidenced by an adjustment disorder. Commanding Officer’s comments: “ As evidenced by enclosure (2) [Mental Health evaluation] , the diagnose condition has interfered with this recruit’s assignment to, and performance of duties, or will prevent the member from performing expected duties, or will prevent the member form performing expected duties and responsibilities. I authorize separation from the naval service with an Entry Level Separation. Reentry Code: RE-4. ”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19991004 by reason of convenience of the government due to a physical or mental condition, not a disability (A) with a service characterization of u ncharacterized. 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).

In regards to the Applicant’s request that the reason for discharge be changed to “medical discharge,” and for the edification of the Applicant, the NDRB does not have the authority to change a narrative reason for separation to one for a “medical discharge” as requested. Only the Board for Correction of Naval Records can grant this type of narrative reason change. The Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning relief in this matter. Notwithstanding the forgoing, 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 summary of service clearly documents that convenience of the government due to a condition not a disability was the reason the Applicant was discharged. Since no other Narrative Reason for Separation could more clearly describe why the Applicant was discharged, a change would be inappropriate.

The NDRB did note a technical impropriety in the Applicant’s separation processing. The record indicates that separation processing was initiated before the Applicant had been counseled formally concerning deficiencies and has been afforded an opportunity to overcome those deficiencies as reflected in appropriate counseling or personnel records. Nevertheless, the NDRB is convinced that this procedural error was not prejudicial to the Applicant and therefore affords him no relief. Given the Applicant’s clear desire to get out of the Navy, there is little doubt to the NDRB that the discharge would have remained the same if the error had not been made and thus relief based upon this error is not warranted.

By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during his less than 4 months in the military to warrant a change of discharge to honorable.

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 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), Change 24, effective
20 May 99 until 27 Aug ust 01, Article 1910-120 (formerly 3620200), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.

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

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