Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600369
Original file (ND0600369.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND06-00369

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 . 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 available records, supporting documents, facts, and circumstances unique to this case, inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was 4 to 1 that the discharge shall change to: HONORABLE/PERSONALITY DISORDER, authority: MILPER SMAN 1910-122, Separation Code “JFX. ”

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:
“I am appling for the GI bill. The person said that I needed an upgrade to qualifie.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
 Enrollment verification from AMI, dtd December 16, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19990927 - 19990929       COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 19990930              Date of Discharge: 20000821

Length of Service (years, months, days):

          Active: 00 10 22
         Inactive: None

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

Age at Entry: 20

Years Contracted: 4 ( 12 -month extension)

Education Level: 12                                 AFQT: 65

Highest Rate: SN

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):

GENERAL (UNDER HONORABLE CONDITIONS)/ PERSONALITY DISORDER, authority: MILPERSMAN, Article 1910-122 (formerly 3620225).
Chronological Listing of Significant Service Events :

991112:  Applicant evaluated by clinical psychologist at Recruit Evaluation Unit, Branch Clinic, Naval Hospital Great Lakes.
         Diagnosis:
         Axis I: Occupational Problem
         Axis II: No Diagnosis Offered On Axis II
         Recommendation: Return to duty.
000621:  USS FITZGERALD (DDG 62). Applicant referred to medical for personality evaluation; witness report s Applicant has been seen “banging head against wall,” “has cuts on his hands without explanation how it happened,” “doing karate moves into the air,” “tells unbelievably tall tales.”
         Assessment: Adjustment disorder, unspecified.
         Plan: Consult to FMHU for eval. Applicant advised to return to sickbay if he ever wanted to talk regarding this eval or personal reasons.
000713:  Fleet Mental Health Unit, Branch Medical Clinic, Naval Station San Diego.
         Applicant voiced concerns of anger issues, possibly secondary to death of several friends and pa st abuse history by his mother. Denied suicidal/homicidal ideations. Contracted for safety. Scheduled for appointment at 1000 on 000721.
        
000719:  Applicant evaluat ed at Fleet Mental Health Unit, Branch Medical Clinic, Naval Station San Diego, secondary to having anger issues on ship. No legal history reported. Applicant denied any NJP’s or captain’s masts.
         Diagnosis:
         Axis I: Posttraumatic Stress Disorder, chronic, moderate
         Axis II: Deferred
         Axis III: Refer to medical record
         Axis IV: Dealing with PTSD symptoms, history of trauma.
         Axis V: GAF: 63.
         Recommendations: …[Applicant] found fit for full duty and suitable for retention in the USN at this time.

000721:  Applicant admitted to Naval Medical Center San Diego, Mental Health Services.
         Chief Complaint: “I just couldn’t stand it anymore. No matter what I’m doing, the memories are always there. I feel like I’m going crazy. ”
         Formulations: 21 year old male with worsening suicidal ideations and homicidal ideations in the context of multiple traumatic episodes during childhood and adolescence including an abusive childhood now exacerbated by military service and antisocial personality disorder. His prognosis is poor if he were to remain on active duty. His stressors are primarily loss of primary support group due to employment in the Navy. His prognosis is fair to good given his return to hi s primary support group which by his report is not vandalistic or deviant.
        
Initial Diagnostic Assessment:
          Axis I: Posttraumatic Stress Disorder
         Axis II: Antisocial Personality Disorder
         Axis III: Vitiligo
         Axis IV: loss of primary support group
         Axis V (admission): 31-40 Some impairment in communication
         Axis V (highest): 71-80 Symptoms are transient and expectable reaction to stressors
        
000731:  Applicant discharged from Naval Medical Center San Diego, Mental Health Services.
         Discharge Diagnostic Assessment:
          Axis I: Posttraumatic Stress Disorder
         Axis II: Antisocial Personality Disorder
         Axis III: Vitiligo
         Axis IV: loss of primary support group
         Axis V (admission): 31-40 Some impairment in communication
         Axis V (current): 51-60 Moderate symptoms or difficulty functioning
 Axis V (highest): 71-80 Symptoms are transient and expectable reaction to stressors

 “ Plan and Recommendations:
The patient is neither suicidal nor homicidal.
The patient is in need of psychiatric medication at this time: Paxil 20mg PO QHS .
The patient is in need of outpatient care, which will be provided by NMCSD Medical Holding Platoon then he is to have a follow-up appointment with an outpatient psychiatrist for management and follow-up of his Paxil.
 Administrative separation is recommended on the following grounds: the member is not considered mentally ill, but manifests a longstanding disorder of character and behavior which is of such severity as to render this individual incapable of serving adequately in the Navy. T he member does not presently require long-term hospitalization, and will not likely benefit from prolonged hospitalization. He may benefit from future psychiatric treatment for PTSD symptoms. Although not considered suicidal or homicidal, this member is judged to represent a continuing risk to self or others if retained in the Naval Service. This member is deemed fit to return to duty at the Naval Medical Holding Platoon for immediate processing for administrative separation, which should be initiated expeditiously in compliance with NAVCOMPERSCOM Instruction 1910.1D and NAVOP 013/87.
That patient is aware of the above treatment plan and concurs with it.
The patient was informed of the contents of this report.”
000821:  DD - 214: Applicant discharged with a characterization of General (Under Honorable Conditions) by reason of personality disorder, Separation Authority: MILPERSMAN 1910-122. Separation Code: JFX (Personality Disorder, no board).

Service Record contains a partial Ad ministrative Discharge package.
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20000821 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 available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper but not equitable (B and C).

For discharges based on personality disorder, the discharge should be honorable unless there exists justification for a general (under honorable conditions), under other than honorable conditions, or entry level separation characterization. The Board found no counselings, nonjudicial punishments or evaluations to warrant a general (under honorable conditions) characterization. Therefore, the Board found that the Applicant’s general (under honorable characterization) was inequitable and voted 4-1 to change the Applicant’s discharge characterization to honorable. 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 33, effective
14 Aug 2001 until 21 Aug 2002, 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 .

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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


Similar Decisions

  • NAVY | BCNR | CY2001 | 01176-01

    Original file (01176-01.pdf) Auto-classification: Denied

    1171 (b) Board for Correction of Naval Record letter of 7 August 200 1 (1) BCNR File (2) Service record (3) Medical records (4) VA records Per your request for review of the subject response to reference documentation of the charges that led to non-judicial punishment was provided in this packet. ” As a result, the 1: 1 watch was discontinued, and the patient was returned to full duty with instruction to take the provider appointment. He also endorsed a history of at least two episodes of...

  • NAVY | DRB | 2005_Navy | ND0500900

    Original file (ND0500900.rtf) Auto-classification: Denied

    The Board’s vote was 4 to 1 that the character of the discharge and reason for discharge shall not change. Although the member is not presently considered suicidal or homicidal, the member is judged to represent a continuing danger to self or others if retained in the military service.991115: CAAC evaluation: Applicant diagnosed alcohol dependent. The service member is recommended for administrative separation per applicable service directive.

  • USMC | DRB | 2006_Marine | MD0600069

    Original file (MD0600069.rtf) Auto-classification: Denied

    MD06-00069 Applicant’s Request The application for discharge review was received on 20051004. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Member 1) Orthopedic Status Report, dtd October 22, 1999 Applicant’s State of Texas – Academic Achievement Record Applicant’s Employment activities Character Reference ltr from L_ P. S_ (Applicant’s mother), undated (7 pages) PART II - SUMMARY...

  • NAVY | BCNR | CY2001 | 08655-00

    Original file (08655-00.pdf) Auto-classification: Denied

    Petitioner was impatient with Med Hold and the Mental Health Department, stating once more that he felt the Navy was the cause of his psychological problems. Diagnosed with “Adjustment Disorder with Depressed Mood (resolved); Marital Problem; Personality Disorder Not Otherwise Specified, with Antisocial and Narcissistic traits psychiatrically fit for full duty and accountable/responsible for his actions. In the petitioner ’s letter requesting a change in status of his discharge, the...

  • NAVY | DRB | 2002_Navy | ND02-00483

    Original file (ND02-00483.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-SA, USN Docket No. ND02-00483 Applicant’s Request The application for discharge review, received 020305, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to MEDICAL RETIREMENT. Since being discharged from the psychiatric unit the patient (Applicant) has been staying at TPU awaiting administrative separation.

  • NAVY | DRB | 2003_Navy | ND03-00070

    Original file (ND03-00070.rtf) Auto-classification: Denied

    Documentation Only the Applicant’s service and medical recorder were reviewed, as the Applicant did not provide additional documentation for the Board to consider. Pt reported that two days prior to admission, he and his wife had argued and later agreed that they would separated for thirty days. Family psychiatric history reportedly …………….

  • USMC | DRB | 2005_Marine | MD0500482

    Original file (MD0500482.rtf) Auto-classification: Denied

    [Lack of judgment absenting yourself from your appointed place of duty, lack of discipline in failing to obey company and battalion orders regarding guest in the barracks and battalion restrictions, and lack of judgment in intentionally inflicting harm upon yourself.] 040330: Commanding Officer recommended discharge under honorable conditions (general) for the convenience of the government due to a personality disorder, based upon a diagnosed personality disorder as evidenced by psychiatric...

  • USMC | DRB | 2006_Marine | MD0600137

    Original file (MD0600137.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT FOR OFFICIAL USE ONLY ex-Cpl, USMC Docket No. AXIS I: Major Depressive Disorder, Single Episode, Mild to Moderate AXIS II: Narcissistic, Antisocial and Paranoid Personality Traits AXIS II: Deferred; no complaints AXIS IV: Occupational distress040818: Medical evaluation by R_ T_, Psy D., LT, MSC, USNR, Mental Health Services, Makalapa Branch Medical Clinic - Pearl Harbor. During the battalion’s...

  • NAVY | DRB | 2006_Navy | ND0600153

    Original file (ND0600153.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. Neither the evidence of record nor in the documentation submitted by the Applicant show that the Applicant should have been separated for any other reason.

  • NAVY | DRB | 2006_Navy | ND0601006

    Original file (ND0601006.rtf) Auto-classification: Denied

    It is recommended that the patient undergo expeditious administrative separation by his command due to a severe personality disorder. In compliance with DoD Directive 6490.1 and SECNAV Instruction 6320.24A regarding “Mental Health Evaluations of Members of the Armed Forces” the above named service member was seen this date for a non-emergency command directed evaluation because of concern for the personal safety, extreme volatility, and hostile behavior exhibited toward members of squadron...