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NAVY | DRB | 2006_Navy | ND0601100
Original file (ND0601100.rtf) Auto-classification: Denied

ex-ISSN, USN
ND06-01100

 Current Discharge and Applicant’s Request :

Application Received:                               20 060816
Narrative Reason for Separation:                          
Character of Service:                               
Discharge Authority :                                MILPERSMAN 1910-122
Last Duty Assignment/ Command at Discharge:       USS RONALD REAGAN (CVN 76)

Applicant’s Request:
          Narrative Reason change to:               
         Characterization chang e to:               
         Review Requested :                          
Representation:                                             
         Issues (as summarized by NDRB):           1. Characterization not warranted by service record
                                                     

Decision:

 Date of Decision:                                            20070719
Location of Board:                                  Washington D.C.
Complete Service Record:                                   
Complete Medical Record:                          
Complete Discharge Package:                       

Regarding propriety, the Board found the discharge:     
Regarding equity, the Board found the discharge:        

By a vote of the Characterization shall .     
By a vote of the Reason for Discharge shall -                                                                                          .


Summary of Service :

Prior Service:
 Inactive: USNR (DEP)                                20031202 - 20041128
Active: NONE
Period of Service Under Review :
Date of Enlistment:                                 20041129
Years Contracted :                                   ,
Date of Discharge:                                  20051116
Length of Service:                                  00 Yrs 11 Mos 18 Days Does not exclude lost time, if any.
Time Lost During This Period:                     
Days Unauthorized Absence:                        
Days Confinement:                                  

Education Level:                                   
Age at this Enlistment:                                     21
AFQT:                                                 75
Highest Rate/Rank:                                   IS3

Performance Evaluation Averages (number of marks):
                   Performance : 2.0 (1)      Behavior : 2.0 (1)                  OTA : 2.00

Awards and Decorations (as listed on the DD Form 214):
NATIONAL DEFENSE SERVICE MEDAL, GLOBAL WAR ON TERRORISM SERVICE MEDAL


Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

None.

Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation
20051021:        Initial Psychological Interview, Medical Department (Mental Health), USS RONALD REAGAN (CVN-76):
         Patient (Applicant) referred by Chaplain for evaluation of anxiety symptoms…over last week she has experienced an increase in nausea, dizziness, crying spells, anxiety, hot flashes, derealization, trembling, and fear of losing control…symptoms last five to six minutes…throughout the day…first felt about a month ago…keeping busy helped her suppress her symptoms…this time she has been unable to control her symptoms…
          Impressions: R/O Anxiety D/O…scheduled for follow-up with Dr. B_.
20051025:        Progress Note, Medical Department (Mental Health), USS RONALD REAGAN (CVN-76):
         …follow up…been feeling increasingly “trapped” when the ship is underway…does not fully understand why…motivated to do her job but persistently feels overwhelmed…repeatedly indicated, “I can’t do it.”…mood was “nervous.” Affect was tearful….
         Diagnostic Impression:
         AXIS I: 309.28 Adjustment Disorder with Mixed Anxiety and Depressed Mood. R/O Panic Disorder.
         AXIS II: Deferred.
         … Recommendations:
         …symptoms that appear consistent with panic attacks…only appears when she is underway…feels self-imposed pressure to succeed…to please parents, husband, division, etc….add to her anxiety…fleeting suicidal ideation with no plan or intent…persisted in belief that she will ultimately fail and have to be discharged…patient is to follow-up with this provider…

20051031:        Progress Note, Medical Department (Mental Health), USS RONALD REAGAN (CVN-76):
          The patient was seen…after disclosing her continued fear that she is not coping with her current work situation…no longer felt the desire to try and adjust to the shipboard environment…preferred to simply focus on getting out of the Navy…wanted to work for NCIS…admitted “not really” planning on harming herself but simply needed to “get out” of the Navy … reminded she did not exhibit mental health condition…that rendered her unsuitable for service…prerogative to request administrative separation based on her current adjustment disorder…indicated an interest in pursuing …
         Diagnostic Impression:
         AXIS I: 309.28 Adjustment Disorder with Mixed Anxiety and Depressed Mood. R/O Panic Disorder.
         AXIS II: Deferred.
         …Recommendations:
          …continued to assert her desire to be out of the Navy…continued to deny symptoms consistent with any notable mental health diagnosis…thoughts of “throwing myself down a stairwell” but then retracts this comment when she learns it might hurt her chances of getting security clearance in the private sector…made it clear she simply does not want to serve on a ship and wants out…reluctant to acknowledge behavior or thoughts that might make her look negative, “crazy,” or impair her image in her work center … patient is to follow-up with this provider…
20051103 :        Progress Note, Medical Department (Mental Health), USS RONALD REAGAN (CVN-76):
          The patient…explained that nothing had really changed and she did not feel anyone was listening to her…no one was supporting her or understood her inability to function independently…described history of submissive and “clinging” behavior as indicated by difficulty with everyday decisions or wanting others to assume responsibility for major life areas…difficulty expressing disagreement, difficulty initiating projects or volunteering for unpleasant tasks…discomfort with “being alone” and tendency towards seeking support of others for fear of “being alone. ”
         Diagnos tic Impression:
         AXIS I:   Adjustment disorder with mixed anxiety and depressed mood.
         AXIS II:          Dependent personality disorder.
         AXIS III:         None reported .
         AXIS IV:          Occupational problems.
         AXIS V:   51-60 Moderate symptoms or difficulty in functioning.
         Conclusions/ Recommendation: 1. T he applicant is not considered to be mentally ill (no medically boardable condition), but manifests a long-standing disorder of character and behavior which is of such severity as to render this individual unsuitable for continued military service in the U.S. Navy. This applicant does not presently require, and will not benefit from hospitalization. Short-term psychiatric treatment for this condition is of limited benefit, and long-term treatment is not available within the military. Although the applicant denies current suicidal or homicidal intent, this member is judged represent a significant risk to self or others if retained on active duty. Expeditious administrative separation in accordance with MILPERSMAN 1910-122, NAVMILPERSMAN Instruction 1910-10 and NAVOP 013187 is recommended. The applicant is deemed fit for return to duty for immediate processing for administrative separation that should be initiated expeditiously. DOD directive 6490.1, “Mental Health Evaluations of Members of the Armed Forces,” October 1, 1997, DOD Instruction 6490.4. Requirements for Mental Health Evaluations of Members of the Armed Forces,” August 28, 1997, and SECNAVINST 6320.24a are applicable. It is also recommended that the applicant not have access to any weapon, not operate government vehicles, or work with classified materials. The applicant should be placed in a non-deployment status.
         2. Applicant indicated no current suicidal ideation or desire to harm herself. She was informed of how to seek that out assistance if such thoughts became more prevalent and indicated intent to seek assistance if necessary from this provider and/or her COC.


Elements of Discharge: [ IN VOLUNTARY]

Discharge Process :                                 
Date Notified :                                             
Reason for Discharge                               
Least Favorable Characterization:                         

Date Applicant R esponded to N otification:                
Rights E lected at N otification :
Consult with Counsel                      
Administrative Board                       NOT APPLICABLE
Obtain Copies                             
Submit Statement(s) (date)                         
GCMCA Review                               

Administrative Board Date:                         NOT APPLICABLE
Recommendation of Commanding Officer (date):    
Separation Authority (date):                             
         R eason directed :                                     CONVENIENCE OF THE GOVERNMENT –
                                                      PERSONALITY DISORDER
         Characterization directed:                         
Date Applicant Discharged:                         20051116


Additional Information Considered by Board

 Type of d ocumentation submitted by t he Applicant and considered by the Board
        Document Type                                        #Pages
 Related to Period of Service Under Review :
          Service/Medical Record :                              9
         Other Period of Service:                                    0
Related to Post-Service Period:
          Community Service :                                   0
         Education :                                           0
         Employment :                                          0
         Health /Medical :                                       0
         Character Statements:                               4
         Criminal Records Checks:                                    0
         Additional Statements from Applicant:            
Other Documentation      (Describe Below)                 3

Total Number of Pages:                              16

D escription of Other Documentation: Applicant in-service typed/handwritten statements, undated               

Discussion

Decisional Issues:

Issue 1 ( ). Per regulation, when the reason for discharge is convenience of the government – personality disorder, the characterization of separation is honorable, unless an entry level separation or general (under honorable conditions) is warranted per MILPERSMAN 1910-300 to 1910-308. In the Applicant’s case, an entry level separation is not applicable because she was over 180 days of active service when diagnosed with a personality disorder. An honorable characterization is warranted when the quality of a member’s service generally meets the standard of acceptable conduct and performance for naval personnel, or is so otherwise meritorious that any other characterization of service would be clearly inappropriate. A general (under honorable conditions) characterization is warranted when the quality of a member’s service has been honest and faithful; however, significant negative aspects of the member’s conduct or performance of duty outweigh positive aspects of the member’s service record. The Board determined that, in light of the Applicant’s overall service record, characterization of her service as general (under honorable conditions) was not improper or inequitable. Relief is not warranted on this issue.

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. In the absence of the discharge package in this case, the Board presumed that the Applicant was properly notified of the proposed separation , that the Applicant was provided an opportunity to respond in accordance with regulations, and that competent authority directed discharge after appropriate review of the facts and circumstances of the case. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.
Minority Opinion


Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 11, effective 20 June 2005 until Present, Article
1910-122, 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 II , Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity .


ADDENDUM: Information for the Applicant
Complaint Procedures : 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 . ”

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

 Service Benefits: The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.
Employment/Educational Opportunities : The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. 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.
Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - 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 Naval service. The NDRB 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. Examples of documentation that may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed.

Board Membership: 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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