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NAVY | DRB | 2006_Navy | ND0600360
Original file (ND0600360.rtf) Auto-classification: Denied


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

ex-YN3, USN
Docket No. ND06-00360

Applicant ’s Request
The application for discharge review was received on 20051228 . 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 “ completed 4 year enlistment: “expiration of active obligated service” EAOS .” 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 20061116 . 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 General (Under Honorable Conditions) by 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:
“ My discharge was inequitable because it was based on one isolated incident in 41 months of service with no adverse action. I submit my evals, med & phys evaluation, DD214 and assorted letters of commendation as evidence of my claim of inequitable standing. In addition, I received a final individual trait average of (2.00 or higher) in the current enlistment. 2.43 eval signed by CO. on 27Apr01. ”
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)
Evaluation Report and Counseling Record from June 16, 2000 to 30 April 2001
Evaluation Report and Counseling Record from June 16, 1999 to June 15, 2000
Evaluation Report and Counseling Record from September 10, 1998 to June 15, 1999
 Evaluation Report and Counseling Record from December 12, 1997 to Jun 15, 1998
Evaluation Report and Counseling Record from December 7, 1996 to July 15, 1997
Evaluation Report and Counseling Record from July 16, 1997 to December 11, 1997
 Seventeen pages from Applicant ’s service record
 Applicant ’s Letter of Appreciation, dtd May 22, 2001
Evaluation Report and Counseling Record from June 15, 2000 to December 15, 2000
 Applicant ’s Letter of Appreciation, dtd January 27, 1999
 Applicant ’s Certificate of Appreciation, dtd June 4, 1998
 Applicant ’s NATO Certificate for June 17, 1998 to June 10, 1999
 Page 13 entry, Enlisted Aviation Warfare Specialist Qualification award
 Applicant ’s Meritorious Unit Commendation for June 10, 1998 to December 10, 1998
 Applicant ’s University of Maryland University College, Official Student Grade Report, dtd April 15, 1998
 Applicant ’s University of Maryland University College, Official Student Grade Report, dtd June 23, 1998
 Applicant ’s University of Maryland University College, Official Student Grade Report, dtd September 10, 1998
 Applicant ’s University of Maryland University College, Official Student Grade Report, dtd January 29, 1999
 Applicant ’s University of Maryland University College, Official Student Grade Report, dtd November 13, 1998
Positions Inc, Executive and Administrative Search, Reference Check Form for Applicant , dtd June 12, 2001
Positions Inc, Executive and Administrative Search, Reference Check Form for Applicant , undtd

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19960702 - 19960930       COG
         Active: None

Period of Service Under Review :
Date of Enlistment: 19961001              Date of Discharge: 20010430

Length of Service (years, months, days):

         Active: 0 4 0 7 00 (Does not exclude lost time.)
         Inactive: None

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

Age at Entry: 34

Years Contracted: 4 ( 7 -month extension)

Education Level: 1 6                                  AFQT: 69

Highest Rate: YN 3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 ( 7 )                        Behavior: 2 . 7 1 ( 7)                 OTA: 2 . 91

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Armed Forces Service Medal; NATO Medal; Armed Forces Expeditionary Medal; First Good Conduct Award ending 00Oct09; Overseas Service Ribbon(2); Sea Service Deployment Ribbon(2); Meritorious Unit Commendation; Battle “E” Ribbon(2); KOSOVO Campaign Medal; Navy Unit Commendation


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 :

990511 :  Psychologist evaluation at Alcohol Treatment Facility , at U.S. Naval Hospital, Rota, Spain. Applicant referred to ATF, Rota for evaluation due to command concerns about possible alcohol-related occupational problems. History was obtained from the patient and available medical records and was considered reliable. The patient was initially uncertain as to the reason for her alcohol evaluation. She noted three episodes of presenting late to work, none of which were reportedly alcohol related. In addition, she noted one occasion in December 1998 when she was informally counseled after presenting to work smelling of alcohol. The patient received formal counseling in March 1999 after allegedly demonstrating “behavior unbecoming of a Petty Officer” while on detachment. The patient adamantly denied inappropriate behavior of any kind, and adamantly denied alcohol-related behavior difficulties. She denied a history of alcohol-related incidents or legal difficulties. She noted one episode (again in December 1998) of driving at a Christmas party. She denied additional drinking and driving. The patient’s typical alcohol consumption was “two weekend nights a month, three to five [8oz] tintos.” She noted increased stress in the context of occupational demands, but denied additional psychiatric symptoms including neurovegetative symptoms of depression. She adamantly denied suicidal or homicidal ideation, plan, or intent.
                  Diagnosis: AXIS I: No diagnosis.
                  AXIS II: None
                  AXIS III: None
          At time of evaluation the patient was not suicidal, homicidal, or psychotic. She is competent and fully accountable for her actions.
                   Recommendations:
          1. The patient would benefit from general lifestyle education via PREVENT 2000 program.
         2. The patient was educated about the importance of managing alcohol intake.
         3. The patient was informed of the results of this evaluation and appeared amendable to recommendation.
010216 :  NJP for violation of UCMJ, Article 91: (Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer).
         Violation of UCMJ, Article 134: (Threat, communicating).
         Violation of UCMJ, Article 86: (Absence without leave).
         Violation of UCMJ, Article 92: (Failure to obey order or regulation).
         Award: Forfeiture of $ 788.0 0 per month for 1 month, restriction and extra duty for 3 0 days, oral reprimand . No indication of appeal in the record. [Partial information extracted from NAVPERS 1070/613, Administrative Remarks.]

010304:  Medical evaluation at Emergency Care and Treatment, U.S. Naval Hospital, Rota, Spain by R. C_, LT MCFS.
         38 year old female YN on restriction for several issues. She has been followed by FSC counselor and psychiatry. She was sent by command for rule out of suicidal and homicidal ideation. She was upset at home and was calling ¼ dec looking for me. ASDO was concerned about her and had duty driver bring her here.
         Pt( Applicant ) reassured and contracts for her safety and safety of others. I will work with command re: change of dept. Assessment/Diagnosis: Stress low risk. Condition upon release: Improved.
010308:  Alcohol Treatment Facility, U.S. Naval Hospital Rota Spain. Applicant referred to the ATF for an alcohol use evaluation. Applicant was cooperative and disclosures appeared reliable. Preliminary results suggest no diagnosis. Recommend the member be returned to full duty.
010321:  Retention Warning: Advised of deficiency (On 010216, Applicant went to Captains Mast for violations of the UCMJ Article 91 (Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer), Article 134: (Threat, communicating).Violation of UCMJ, Article 86: (Absence without leave), Article 92: (Failure to obey order or regulation). As a result of Captain’s Mast, Applicant was awarded forfeiture ½ pay for 1 month, 30 days restriction, 30 days extra duties and an oral reprimand.) , notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
010404:  Medical evaluation at U.S. Naval Hospital, Rota, Spain by R. D. P_, CDR, MC, USN, Psychiatrist
 Applicant diagnosed with histrionic personality with narcissistic and obsessive compulsive personality features. The psychiatrist recommended expeditious administrative separation based on a personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service. Applicant was considered self-destructive and a continuing risk of harm to self or others.
010411 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government - personality disorder.

010411 :  Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and submit a statement.

010418 :  Commanding Officer, Fleet Air Reconnaissance Squadron TWO , granted Applicant ’s discharge with a general (under honorable conditions) by reason of convenience of the government due to personality disorder .
010423:  Applicant found medically qualified for separation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20010430 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 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 requested upgrade of her discharge to honorable. When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A general discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. The Applicant’s service was marred by one retention warning and a nonjudicial punishment proceeding for violations of UCMJ Articles 86 (unauthorized absence), 91 (insubordinate conduct), and 92 (failure to obey order or regulation), 134 (communicating a threat). Violations of Articles 91, 92, and 134 are considered serious offenses for which a punitive discharge is authorized at courts martial. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy and falls far short of that required for an upgrade of her characterization of service. Relief is not warranted.

The Applicant also requests change of the narrative reason for her discharge. 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 Applicant does not deny that she was suffering from a personality disorder at the time of her discharge from naval service. She was diagnosed, by a qualified medical officer, as possessing a long-standing disorder of character and behavior of such severity as to interfere with serving adequately in the Navy. She was considered a continuing risk to do harm to herself or others. The Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates she was separated for a Personality Disorder. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. To change the Narrative Reason Separation would be inappropriate.

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 27, effective
27 March 2000 until 13 Aug 2001, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder.

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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