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NAVY | DRB | 2006_Navy | ND0600846
Original file (ND0600846.rtf) Auto-classification: Denied


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

ex-EN3, USN
Docket No. ND06-00846

Applicant’s Request
The application for discharge review was received on 20060531 . The Applicant requests the Narrative Reason for Separation be changed . 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 20070315 . After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the narrative reason of the Applicant’s service was discovered by the NDRB. The Board’s vote was unanimous that the reason for discharge shall not change. The discharge shall remain Honorable for convenience of the government due to a physical or mental condition, not a disability.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Applicant Issues,
The Applicant is requesting a n arrative reason change, so that he may request a RE-code change to reenlist into the armed forces.
The Applicant claims his previous, in service, diagnosis for Post Traumatic Stress Disorder is incorrect based on a post service Mental health Consult/Diagnostic interview from the Veterans Administration Clinic.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Medical Consultation Record (6 pgs)
 Applicant’s DD Form 214 (Service 2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19980425 - 19980818       COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 19980819              Date of Discharge: 20001207

Length of Service (years, months, days):

          Active: 0 2 0 3 19
         Inactive: None

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

Age at Entry: 18

Years Contracted: 4 ( 24 -month extension)

Education Level: 12                                 AFQT: 73

Highest Rate: EN 3
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3 .0 ( 1 )               Behavior: 3 .0 ( 1 )                           OTA: 3 .00

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, NOT A DISABILITY, authority: MILPERSMAN, Article 1910-120 (formerly 3620200).
Chronological Listing of Significant Service Events :

000915:  Psychiatry Consult-Liaison Consultat ive Session .         
         Assessment: Post-Traumatic Stress Disorder.
          Plan: Referred for Ongoing Mental Health Treatment. He has an appoint ment with psychologist.

000918:  Mental Health Consultation Report, USS CONSTELLATION.
         Clinical Impression:
         AXIS I: Posttraumatic Stress Disorder
         AXIS II: No diagnosis
         AXIS III: None Known
         AXIS IV: Occupational stress
         AXIS V: GAF (current) 51-60
         Plan:
         The patient desires to be separated from the USN and is not interested in further treatment. Therefore, it is recommended that the service member be administratively separated per MILPERSMAN 1920-120 by reason of convenience of the government.
000927:  Applicant placed on Limited Duty.

001020:  Mental Health Services Branch Medial Clinic, Naval Air Station, North Island .
 Treatment Summary: Since the patient strongly desires to be discharged from the United States Navy, it is recommended that PO3 S_ (Applicant) be separated from the USN by reason of Convenience of the Government under MILPERSMAN 1910-120.
001120:  Applicant ’s request to Commanding Officer Transient Personnel Unit to be separated from the Navy based on the medical condition which he and his attending physician believe d exist ed , but d id not amount to a disability per current Navy guidance. The medical condition was Post Traumatic Stress Disorder (PTSD).
001122:  Commanding Officer, Transient Personnel Unit, San Diego, CA approved the Applicant's request for separation with an honorable by reason of other physical or mental condition not amounting to a physical disability.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20001207 for convenience of the government due to a physical or mental condition, not a disability (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 that the discharge was proper and equitable (B and C).

The Applicant claims his previous, in service, diagnosis for Post Traumatic Stress Disorder (PTSD) is incorrect based on a post service mental health Consult/Diagnostic interview from the Veterans Administration Clinic. The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with PTSD. The Applicant was diagnosed with a PTSD by a competent medical authority on 20000915 and again on 20000918. The evidence reviewed did not persuade the Board that these diagnoses and subsequent administrative separation were improper or inequitable. Relief denied.

The Applicant is requesting his narrative reason be changed, so that he may request a RE-code change to re-enlist into the Armed Forces. Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 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 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

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