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NAVY | DRB | 2006_Navy | ND0600263
Original file (ND0600263.rtf) Auto-classification: Denied


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

ex-FN, USN
Docket No. ND06-00263

Applicant ’s Request
The application for discharge review was received on 20051122 . 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 20061019 . 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 shall not change. The discharge shall remain Uncharacterized b y reason of convenience of the government on the basis of a diagnosed personality disorder .



PART I -

APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant ’s issues, as stated on the application:
“ I was discharged 5 months and 12 days into service due to what the Navy doctor classified as a “personality disorder . ” I was released from my duty station 18 days before my 6 month “ anniversary ”. As I understand it – my paperwork was rushed through so I could be Released before this 6 month deadline I feel my medical treatment was rushed (maybe even my diagnosis) just to keep the paperwork to a minimum (I understand that “Washington” would be involved if I went over 6 months). I feel my condition was aggravated and ignored by a Chaplain. When I went to him for help and advice and he told me in no uncertain terms that I was faking it. The doctor I was assigned to (for less than a month!) wouldn’t address the fact that this Chaplain – who was Catholic (I’m Southern Baptist) – (major theological issues there) – accused me of “faking it.” I was told that I am not allowed to use this time spent in the Navy as a job reference because it was classified as an entry separation. I feel that this decision is unfair. I was offered no medical care post separation (another reason to get it done before 6 months) and no other benefits I could have been offered if they would have waited 18 more days. I was a model seaman I went through boot camp without any problems and the few months I was in Nuclear Power School I was an “A” student with no disciplinary problems. I feel that if I had received a little more medical attention I could have completed my 6 year enlistment. I would like you to know that I learned a great deal during my 5 ½ months in the military and I am saddened that I couldn’t complete my service.
I have not been in any trouble since leaving the Navy nor have I had to seek medical treatment for “this problem” since. I am currently 9 credit hours from my B.S. in Biblical Studies. I will pursue a teaching career in August 2006. Thank you for your time reviewing this matter. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant , was considered:
Applicant ’s DD Form 214 (2)
NAVPERS 4650/ 22 , Travel Certificate, dtd March 14, 1995
 Applicant ’s Certification of Military Service, dtd September 14, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19940423 - 19941016       COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19941017     Date of Discharge: 19950324

Length of Service (years, months, days):

          Active: 00 0 5 0 8
         Inactive: None

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

Age at Entry: 22

Years Contracted: 4 ( 24 -month extension)

Education Level: 1 3                                  AFQT: 99

Highest Rate: FN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3 .0 ( 1 )                       Behavior: 3 .0 ( 1 )                 OTA: 3 . 2 0
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):

UNCHARACTERIZED/ PERSONALITY DISORDER, authority: MILPERSMAN, Article 3620200.
Chronological Listing of Significant Service Events :

950131:  Applicant admitted to Mental Health Department, Naval Hospital, Orlando, FL.
950 203 :  Narrative Summary, Mental Health Department, Naval Hospital, Orlando, F L by R_ V_, CDR, MC, USN:
         HISTORY OF PRESENT ILLNESS: This 23-year-old Caucasian female, single, SN USN with about three months of active military service was admitted to the Psychiatric Unit of the Naval Hospital, Orlando, Florida, for evaluation/treatment of suicide ideation. The patient thought of cutting her wrists with a razor blade. The patient related that she had been contemplating hurting herself over the past week and about the same time she bought a pack of razor blades. She claimed to have been having difficulty coping with military life and training, and adjusting to the military service. About one day prior to her admission, she stated that, “I snapped. I could not longer take it. I was afraid I was going to hurt myself.” Reportedly, she handed her section advisor a pack of razor blades. The patient indicated that she no longer is motivated to remain in the military service.
          PAST HISTORY: The patient is the oldest of two siblings from a broken family from Edgewater, Florida. She described a fairly pleasant home environment and described a close relationship with her mother and stepfather. However, she had a very distant relationship to her biological father whom she described as an alcoholic, drug addict, and abuser. She admitted to having been physically and emotionally abused by her biological father. The patient, however, denied any history of sexual abuse. She described a close relationship with her brother. She described herself as a fairly happy individual, however, lately, she described herself as sad, unhappy, disappointed, helpless and hopeless, jumpy and with vague symptoms such as stomachache and repeated crying. The patient denied any previous personal or family history of psychiatric illness. The patient completed high school, 12th grade, at age 18 with about average scholastic performance. She took about 8 hours of college subjects. She denied any problems with her peers or teachers. She denied any truancy or suspensions. The patient lived with her parents up until coming into the military service. She worked at a grocery store as a sea food manager in the past. She stated that she joined the military service because of the “money and high paying job”. She stated that she was made to believe that she was going to make a lot of money which discovered not to be so. The patient related feeling disappointed and blaming herself for having made a mistake coming into the military service. She denied any use of alcohol or drugs.
         DIAGNOSES: 1) Adjustment Disorder with mixed emotional features.
         2) Personality disorder, not otherwise specified.
         DISPOSITION: Discharged back to her Command with the recommendation for her disenrollment from Nuclear Field A School, transfer to TPD and administrative separation from the military service. Condition improved. No medications.

 950203:  Memorandum from Mental Health Department, Naval Hospital, Orlando, FL, R_ C. V_, CDR, MC, USN:
 Diagnosis: Adjustment disorder with mixed emotional features. Personality disorder not otherwise specified. Applicant not considered mentally ill. She has severe adjustment disorder and personality disorder which has rendered her incapable of adequately serving in the Navy. She has lost any further desire/motivation to return to training or remain in the military service. Although not imminently suicidal or homicidal at this time, she is considered a continuing risk/danger to self or others if retained in the military service. She is therefore, strongly recommended for disenrollment from NFAS, transfer to TPD and administrative separation from the military service in compliance with NAVMILPERSCOMINST 1901.1D and NAVMILPERSCOM 3620225.
950227 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as Entry Level Separation by reason of convenience of the government on the basis of personality disorder.

950227 :  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 .
950308 :  Commanding Officer of Enlisted Personnel, Naval Training Center, Orlando, Florida , recommended discharge by reason of convenience of the government on the basis of personality disorder . Commanding Officer’s comments : “ FN B_( Applicant ) has been under psychiatric care since 3 February 1995. She was diagnosed as having an Adjustment Disorder with Mixed Emotional Features and a Personality Disorder Not Otherwise Specified, which makes her unsuitable for further military service. She has no potential for further naval service. Accordingly, FN B_( Applicant )’s discharge is approved in accordance with reference (a). ”

950322:  Applicant found medically qualified to perform all the duties of his/her rank/rate at sea and on foreign shores.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19950324 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of uncharacterized . A fter 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 Applicant contends that her discharge was improper because her condition was “aggravated and ignored by a Chaplain.” There is no evidence in the record, nor has the Applicant produced any evidence, to support the contention of command misconduct. In the absence of incriminating evidence, the Board concluded that the government’s agents acted in good faith, proceeded within the bounds of the law, and conformed their behavior to appropriate standards during the Applicant’s Naval service and subsequent administrative processing. The Board advises the Applicant that she bears the burden of establishing her issues through the presentation of substantial and credible evidence. The Applicant’s statements alone do not provide sufficient basis to grant relief. Relief denied.

On 19950227 (4 months and 11 days into her enlistment), the command notified the Applicant of intent to separate. 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 service member’s performance or conduct that would merit another 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 her less than 5 months in the military to warrant a higher characterization. No relief is granted.

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 informs the Board that she has “not been in any trouble since leaving the Navy” and that she is “9 credit hours from [her] B.S. in Biblical Studies.” While there is no law or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving service, the Board is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. Evidence of continuing educational pursuits, verifiable employment records, documented community service, and certification of non-involvement with civil authorities are examples of documentation that should have been provided to receive consideration for relief based on post-service conduct. At this time, the Board found that the Applicant’s statements concerning post-service conduct, without documented evidence, do not mitigate the misconduct, which precipitated discharge. No relief is granted on this basis.

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), Change 9, effective 22 Jul 94 until 23 Jun 96, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

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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