DEPARTMENT OF THE NAVY
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

  ex-CSSN, USN
Docket No. ND04-01378

Applicant’s Request

The application for discharge review was received on 20040901.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record review.  The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20041222.  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: GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“During my time in service I had developed a depressive disorder that I was being treated by the ships clinical psychologist based on her recommendations I was medicated with Zoloft for depression and recommended for administrative separation after almost six months of treatment.  Based on this and my good conduct and being like by my superiors while in service I believe my discharge should be upgraded to Honorable.”

Submitted by Applicant subsequent to submission of application (received Oct 22, 2004):

“To Whom It May Concern

My Name is F_ E L_ (Applicant).  I had applied for my discharge to be changed from General Under Honorable to Honorable.  I recently received a copy of my DD214 with a seal of the Naval Personnel.  It came with no letter explaining what it means.  I would like to know what it means and if my discharge is going to be changed or not and why?  My address is:  (left blank).”

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Letter of reference, dated November 23, 2004
Applicant’s DD Form 214
Summary of Medical Care, dated July 14, 2002

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Inactive: USNR (DEP)	010713 - 020709	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  020710		Date of Discharge:  040204

Length of Service (years, months, days):

	Active:    01  06  25
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  11			AFQT:  32

Highest Rate:  CSSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  None

*No Marks Found in service record

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority:  NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

Chronological Listing of Significant Service Events:

040125:	Mental Health Dept, USS JOHN F KENNEDY:  Prior to initiating the eval, confidentiality in military health care system was explained to member.  Member was told of the potential uses of the eval.  Member agreed to participate in eval conducted on 25 Jan 2004.  
Chief Complaint:  “I’m not going to make it here.”  On 26 Jan 2004, pt presented to Med Dept reporting that he had just cut his wrists with a knife from his workspace.  Cuts to pt’s wrists were superficial, 2 cuts evident.  He reported feeling overwhelmed by his position in Bake Shop and concerned that he would not be able to maintain his own safety.  He reported having thoughts and urges to harm himself in order to escape the pressure he was experiencing at that time.  
Diagnoses:
AXIS I:    309.4 Adjustment Disorder with Mixed Disturbance of Emotions and Conduct
AXIS II:   301.9 Personality Disorder NOS
AXIS III:  noncontributory
AXIS IV:  Occupational Problems, Problems with Primary Support Group
AXIS V:   GAF=44
Disposition:  Psychiatrically fit for full duty.
Recommendations:
1.  Member is considered aware of and responsible for his actions.  There are no psychiatric contraindications to any legal or administrative proceedings he command deems appropriate.
2.  This provider strongly recommends expeditious administrative separation in accordance with NAVMILPERSMAN 1910-122.  Member does not suffer from a medically boardable condition.  However, member does manifest a long-standing disorder of character, behavior, and adaptability that is of such severity so as to preclude adequate military service.  Although not imminently suicidal or homicidal, he is a continuing risk for harm to self or others due to low impulse control secondary to Borderline Personality Disorder.
3.  Eval for medication and therapy recommended for pt after separation from military service.

040201:	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 on the basis of a diagnosed personality disorder.

040201:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

040201:	Commanding Officer, USS JOHN F. KENNEDY, advised CNPC that Applicant was discharged with a general (under honorable conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder.  Commanding Officer’s comments (verbatim):  [Culinary Specialist Seaman L_ (Applicant) has been diagnosed as having an AXIS II personality disorder, not otherwise specified, as well as AXIS I adjustment disorder with mixed disturbance of emotions and conduct.  He has also been diagnosed with AXIS IV, occupational problems and problems with primary support group.  He has been strongly recommended for administrative separation due to his longstanding disorder of character, behavior, and adaptability.  The Clinical Psychologist also noted that the member is a continuing risk of harm to self or others due to low impulse control secondary to borderline personality disorder.  Based on the mental health professional’s recommendations, I have determined that CSSN L_ (Applicant) is unsuitable for further military service and that his separation from the naval service is warranted.  Accordingly, I have directed his General (under Honorable Conditions) separation for convenience of the government due to a personality disorder.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040204 with a general (under honorable conditions) for convenience of the government on the basis of a diagnosed personality disorder of such severity as to render the Applicant incapable of serving adequately in the naval service (A).  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 and equitable (B and C).  The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete package (D). 
   
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 he was suffering from a personality disorder at the time of his discharge from naval service.  He 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.  He was considered a continuing risk to do harm to himself or others. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable.  No Performance Evaluation Marks were found in the record to support an upgrade of service characterization to honorable.  Relief denied.

Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident during the Applicant’s enlistment.  Relief not warranted.
 
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), re-issued October 2002, effective 22 Aug 2002 until Present, 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.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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