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

FOR OFFICIAL USE ONLY

ex-MMFA, USN
Docket No. ND06-00935

Applicant’s Request

The application for discharge review was received on 20060705.  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 20070510.  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) by reason of convenience of the government due to personality disorder.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

The Applicant did not submit any decisional issues.

Documentation

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

Applicant’s DD Form 214 (Member 4)
Five pages from the Applicant’s Service Record 

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20010328 - 20010726	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20010727		Date of Discharge:  20041123

Length of Service (years, months, days):

	Active:    03  03  27  (Does not exclude lost time.)
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  29 days
	Confinement:		  None

Age at Entry:  22

Years Contracted:  4 

Education Level:  11				AFQT:  42

Highest Rate:  MMFN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.0 (3)		Behavior:  2.7 (4) 			OTA:  2.96 

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal, Navy Expeditionary Medal, Armed Forces Expeditionary Medal, Global War on Terrorism Expeditionary Medal, Sea Service Deployment Ribbon, Enlisted Submarine Breast Insignia

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: 

031105:	Applicant to unauthorized absence at 1230 on 031105.

031204:	Applicant from unauthorized absence at 0930 on 031204 (29 days/surrendered).

031210:	Consultation Request for Mental Health evaluation.  
	Reason for request:  Depressive disorder with SI.  
	Additional information:  “ 24 y/o wm (Applicant), long history of psychiatric counseling prior to Navy enlistment (concealed at entry), who presents to Medical by self referral two days after coming back to base after being 20 days UA.  Member states the he has been depressed, agitated, and unable to handle pressures of his boat in the weeks before going UA.  Member admits to anorexia, anhidonia, difficulty sleeping, and feelings of guilt in addition to depressed mood.  Member states that he received counseling prior to the Navy for impulsivity and anger management issues.  Member has had abstract but frequent thoughts of harming himself recently, but contracts confidently for safety in this interview.  No other medical issues, no medications.  Member placed NPQ underway, though his boat is currently deployed.”

031220:	NJP for violation of UCMJ, Article 86: Absence without leave.
Violation of UCMJ, Article 87: Missing movement.
	Award:  Restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.

031223:	Mental Health Department Naval Ambulatory Care Center Groton, CT.  Diagnostic Impressions (DSM-IV):
	Axis I: R/O Bipolar Disorder NOS, R/O Alcohol Dependence/Abuse, Attention-Deficit/Hyperactivity Disorder (by history)
	Axis II: Antisocial traits
	Axis III: Heart murmur
	Axis IV: Restricted status on submarine
	Axis V: GAF (current) – 70
		  GAF (past year) – 75
	Plan:  Fitness for duty will continue to be evaluated upon further follow-up with Mental Health Clinic.  He is scheduled for a safety check with a psychiatric technician on 031224, a medication evaluation with Dr. B. D_ -A_, CAPT, MC, USN on 031229 and a follow-up appointment with the undersigned on 040106.  

031229:	Mental Health Department Naval Ambulatory Care Center Groton, CT.  Applicant referred due to mood symptoms and disciplinary problems.
	Assessment:  Axis I: Adjustment disorder, mixed disturbances of emotions and conduct. 
	Axis II: Antisocial traits R/O PD NOS.
	Axis III: No diagnosis
	Axis IV: Occupational, disciplinary problems.
	Axis V: 60
	Plan:  Scheduled follow-up appointment.  
	Fitness for duty:  to be determined.

040106:	Mental Health Services Naval Health Care New England, Groton.  Follow-up to 031229 evaluation.
	Assessment:  Axis I: Adjustment disorder, mixed disorder of emotions/conduct.  R/O Mood disorder, alcohol induced.
	Axis II: Antisocial traits R/O disorder (PDNOS).
	Axis III: Noncontributory.
	Axis IV: Occupational, legal.
	Axis V: Current GAF 60.
	Plan:  Active Duty, Status to be determined. 
	
040113:	Retention Warning:  Advised of deficiency (UCMJ Article 86: Absence without leave; UCMJ Article 87: Missing movement.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

040116:	Mental Health Department Naval Ambulatory Care Center, Groton, CT.  Recommendation for Administrative Separation ICO C_A_I_ (Applicant).
	Applicant was seen in the Mental Health Clinic of the NACC from 20031212 to 040116 for evaluation of anxiety and depressive symptons.
	Final Psychiatric Diagnoses:
	AXIS I: Adjustment Disorder with Mixed Disturbances of Emotions and Conflicts.
	AXIS II: Personality Disorder, Not Otherwise Specified (with Cluster C Features).
	Psychiatrist Comments: “I strongly recommend administrative separation of C_ A_ I_ (Applicant) for unsuitability for Naval service IAW references (a-c).  This individual manifests a disorder that is of such severity as to interfere with adequate service in the Navy.  Hospitalization is not warranted at this time.  However, his condition leaves him at chronic risk for suicidal behavior with continues exposure to stressors common to life in the Navy.  I most strongly recommend processing of administrative separation in accordance with reference (a) above.  Delays in processing administrative separation may result in unnecessary psychiatric morbidity.  Please be advised that Adjustment Disorder and Personality Disorder carry an increased risk of death by suicide compared to the general population.  Deployment of this individual would be ill advised.  He should not handle weapons or ammunition.  The servicemember should be followed at the Mental Health Clinic, NACC, Groton, pending administrative separation.
	B. D_ - A_, M.D., CAPT, MC, USN, Head Mental Health Services, NACC, Groton CT. 

040120:	Mental Health Department, Naval Ambulatory Care Center, Groton, CT.  Psychology Note.  Follow-up appointment.  
	Diagnostic Impression (DSM IV):
	AXIS I: 309.4 Adjustment Disorder with Mixed Disturbance of Emotions and Conduct.  R/O Alcohol/Caffeine-Induced Mood Disorder.  R/O Alcohol Dependence vs. Abuse. 
	314.01 Attention-Deficit /Hyperactivity Disorder (by History)
	AXIS II: 301.9 Personality Disorder NOS (with Antisocial Traits and Cluster C features).
	Plan: The patient is pending administrative discharge from Naval service per recommendation for unsuitability made by Dr B. D_ - A_, CAPT, USN on 040116. 

040127:	CSG-2/SSSU Medical.  25 y/o AD submariner (Applicant) self referred to medical for help with his anger, depression, impulsivity and agitation.  Patient referred to mental health by Dr. H_.  Mental health has evaluated the patient over the last 2 months and given the following diagnoses:  Adjustment disorder with mixed disturbances of emotion and conduct, and Personality Disorder, NOS, with cluster C features.  Mental Health’s recommendations are for disqualification from the Navy for unsuitability with no deployment or weapons handling while processing.
	Impression:  25 y/o with Adjustment Disorder with mixed disturbances of emotion and conduct, currently on trazadone sleep.  Personality disorder, NOS, with cluster C features.
	Plan:
1.	No shipboard duty, no underway.
2.	Recommend submarine disqualification and transfer to surface fleet.
3.	Recommend TEMDU to NSSC pending disqualification.
4.	Recommend no weapons or ammunition handling.
5.	Recommend initiation of page 13.
A recommendation for Administrative Separation has been made based on the following:
1) Adjustment disorder with mixed disturbances of emotions and conduct.
2) Personality disorder, NOS, with cluster features

040505:	Mental Health Department, Naval Ambulatory Care Center, Groton, CT.  Psychology Note:  The patient (Applicant) was scheduled for a follow-up appointment, to re-evaluate his fitness and suitability for submarine service.  
	Diagnostic Impression (DSM IV):
Axis I: 309.4 Adjustment Disorder with Mixed Disturbance of Emotions and Conduct (Resolving); 314.01 Attention-Deficit/Hyperactivity Disorder (by History)
Axis II:  Personality Disorder NOS (with Antisocial Traits and Cluster C Features)
Plan:  The patient (Applicant) is considered psychiatrically fit and suitable for all duties at the present time, including submarine duty.  He has not been taking psychotropic medication, and has been asymptomatic since his last presentation to the Mental Health Clinic.  Values and learning needs concerning diagnosis and plan were discussed with the patient, who verbalized understanding.  No further follow-up with the undersigned is warranted or required at the present time.

040922:	Mental Health Services Naval Health Care New England, Groton.  Patient 
Subjective: Interim History Patient (Applicant) seen previously by Mental Health and returned to USS AGUSTA (23 July)- actually 30 July- since, patient has been increasingly dysphoric and not able to adjust to work demands- went underway 17 Aug – 15 Sep.  At first did OK, became isolated and was given assignment with minimal responsibility.  Recently enjoyed, July 4, mood all over.
Mental Status Examination:  Occasional SI.
Axis I: Adjustment disorder NOS, chronic/ADHD by history.
	Axis II: PD NOS
	Axis III: No diagnosis.
	Axis IV: Occupational/military.
	Axis V: Current GAF 60.
	Plan:  Active Duty, Status: Admin Sep.

041123:	DD Form 214: Applicant discharged with a general (under honorable conditions) by reason of misconduct commission of a serious offense, authority: MILPERSMAN 1910-122.

Service Record did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20041123 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 Board presumed regularity in the conduct of governmental affairs (D).

The Applicant did not submit any decisional issues.

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 a retention warning and nonjudicial punishment proceedings for violations of Articles 86 and 87 of the UCMJ.  Violation of UCMJ Article 87 is considered a serious offense for which a punitive discharge is authorized if adjudged by a special or general court martial.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

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.  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), re-issued October 2002, effective 22 Aug 2002 until 19 June 2005, 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, Para 211, Regularity of Government Affairs.

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