ex-AN, USN
ND06-01016

Current Discharge and Applicant’s Request:

Application Received:  				20060728
Narrative Reason for Separation:			
Character of Service:				
Discharge Authority:				MILPERSMAN 1910-122
Last Duty Assignment/Command at Discharge:	VAQRON ONE THREE FOUR AT NAS WHIDBEY ISLAND WA

Applicant’s Request:
	Narrative Reason change to:		medical condition
	Characterization change to:		
	Review Requested:			
Representation:  					

Decision:

Date of Decision:					20070621     
Location of Board:				Washington D.C.
Complete Service Record:				
Complete Medical Record:			
Complete Discharge Package:			

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

By a vote of  the Characterization shall  .	
By a vote of  the Narrative Reason shall  .

Summary of Service:

Prior Service:
Inactive: USNR (DEP)				20020524 - 20021008 
Active:   NONE
Period of Service Under Review:
Date of Enlistment:  				20021009
Years Contracted:  				;        
Date of Discharge:				20050304
Length of Service:				02  Yrs  04  Mos  26  Days
Time Lost During This Period:			
				        

Education Level:  				
Age at this Enlistment:  				
AFQT:  						44
Highest Rate/Rank:				AN

Performance Evaluation Averages (number of marks):
Performance:					3.0 (2)
Behavior:					2.0 (2)
OTA:						2.56
Extracted from:  
Applicant’s Supporting Documents    Other:       

Awards and Decorations (as listed on the DD Form 214):
JOINT MERITORIOUS UNIT AWARD, NAVY "E" RIBBON, NATIONAL DEFENSE SERVICE MEDAL, ARMED FORCES EXPEDITIONARY MEDAL, GLOBAL WAR ON TERRORISM SERVICE MEDAL, SEA SERVICE DEPLOYMENT RIBBON, AIR FORCE OUTSTANDING UNIT AWARD W/VALOR

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

20040708:	Evaluation Report and Counseling Record, Block 43., Comments on Performance: “Required some supervision.  Has been counseled on judgment errors when dealing with superiors and when working with other personnel around the jet.”

20050304:	Evaluation Report and Counseling Record, Block 43., Comments on Performance:  “ AN R_ has not adjusted to the Navy or accepted Core Values.  He has been disrespectful to his chain of command and unwilling to perform as a team.  His lack of professionalism has negatively impacted his peers and the good order and discipline of the command.”  Block 40. Individual Trait Average: 1.83.

20050310:	Commanding Officer’s comments contained in letter to Chief of Naval Personnel (PER 832):  “AN R_ (Applicant) has repeatedly exhibited a pattern of misconduct which is directly a result of his personality disorder.  The behavior of AN R_ has resulted in a breakdown of good order and discipline and has the potential in the future to cause harm to himself or other members of this command.  I am processing AN R_ with a General Separation (Under Honorable Conditions) due to his personality disorder in accordance with MILPERSMAN 1910-122.”

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

20041112:	Mental Health Department, Naval Hospital, Oak Harbor, WA.  Applicant was referred by CAPT I_ - now using prozac.  Complain/problem: depression and anxiety.  A/P: Adjustment Disorder with depressed mood.  Disposition: Released w/o limitations.  Follow up: 1 to 2 weeks in the OH Mental Health Department clinic or sooner if there are problems.

20041123:	Mental Health Department, Naval Hospital, Oak Harbor, WA.  Routine follow up session.  Patient (Applicant) addressed his dislike for the Navy and wanting to get out, even mentioned about talking to his LPO, a statement implied not wanting to do like others – use drugs.   A/P: Adjustment disorder with depressed mood: antisocial personality – (military) cultural shock.  Disposition: Released w/o limitations.  Follow up: 1 to 2 weeks in the OH Mental Health Department clinic or sooner if there are problems.

20041215:	Mental Health Department, Naval Hospital, Oak Harbor, WA.  The chief complaint is: Crisis Situation.  Request was placed by ER Physician since command has brought patient (Applicant) to ER after this one didn’t show up to work on time and being found “unresponsible” at his barracks room.  A/P: Adjustment disorder with depressed mood: borderline personality, several personality traits.  Follow up: 1 to 2 weeks in the OH Mental Health Department clinic or sooner if there are problems.

20041215:	Mental Health Department, Naval Hospital, Oak Harbor, WA.  Routine follow up session.  Had a problem with not waking up on time/showing up late, was told he was UA and got another counseling sheet for disrespectful behavior with the watch person.  A/P: Adjustment disorder with depressed mood: Axis II Borderline personality.  Disposition: released w/o limitations.   

20050214:	Mental Health Department, Naval Hospital, Oak Harbor, WA.  Applicant underwent mental health evaluations from 20041108 to 20050214.
	Diagnosis: Borderline personality disorder.
	Recommendation:  Expeditious administrative separation.

Elements of Discharge:  [INVOLUNTARY]

Discharge Process:				
Date Notified:					20050228
Reason for Discharge				
Least Favorable Characterization:			
Date Applicant Responded to Notification:		20050228
Rights Elected at Notification:
Consult with Counsel			
Administrative Board			
Obtain Copies	  			
Submit Statement(s)			
GCMCA Review				

Recommendation of Commanding Officer (date):	  
Discharge directed by (date):			COMMANDING OFFICER (20050304)
Narrative reason directed:				
Characterization directed:				 
Date Applicant Discharged:			20050304 
     

Additional Information Considered by Board

Type of documentation submitted by the Applicant and considered by the Board
       
       	Document Type					#Pages
       Related to Period of Service Under Review:
	Service/Medical Record:				45
	Other Period of Service:				0
       Related to Post-Service Period:
	Community Service:				0
	Education:					13
	Employment:					1
	Health/Medical:					16
	Character Statements:				1
	Criminal Records Checks:				1
	Additional Statements from Applicant:		9
        Other Documentation	 (Describe Below)		8

        Total Number of Pages:				107

       Description of Other Documentation:
       Letter from Naval Air Station Whidbey Island
       Letter from Board for Correction of Naval Records
       Letter from Medical Center, Miami, FL
       Independent Medical Evaluation (5 pages)

Applicant’s Issues as Summarized by the Board:

1.   The Applicant contends that his discharge was improper because the referral to mental health was made by someone who is prejudice.

2.  The Applicant contends that the recommendation for his separation was made without proper judgement.  

Decisional Issues:

Issue  1 ().   In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper.  Specifically, Applicant alleged that he was referred to mental health because of prejudice.  The record, however, contains no evidence of any wrongdoing by the Commanding Officer or anyone involved in the administrative discharge process.  The Applicant was diagnosed with a personality disorder by competent medical authority on 20050214. The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder.  The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation were improper.  Relief denied.
 
Issue 2 ().    According to MILPERSMAN 1910-122, members may be processed for separation based on a clinical diagnosis of a personality disorder when the disorder is so severe that the member’s ability to function effectively in naval environment is significantly impaired, and the impairment interferes with the member’s performance of duty or poses a threat to the safety or well being of the member.  The Applicant was diagnosed with a borderline personality disorder DSM-IV 301.83 by competent medical authority at the Mental Health Department, Naval Hospital, Oak Harbor and was recommended for expeditious administrative separation from the Navy due to ongoing adjustment problems and possible risk of harm to self or others.  Thus, the Board finds that the Reason for Discharge reflects the Applicant's mental health status at the time of his discharge, and was proper and equitable at the time of issuance.  Personality Disorder is an accurate narrative description of the reason for the Applicant's discharge.  The contention that the personality disorder no longer exists or has been overcome does not provide a legitimate basis to revise official records that were accurate at the time of issuance.  Relief on this basis is not warranted.

According to MILPERSMAN 1910-122, the characterization of  service for separation by reason of convenience of the government- personality disorders is Honorable, unless an Entry Level Separation or General (Under Honorable Conditions) is warranted per MILPERSMAN 1910-300 to 1910-308.  By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service.  The Applicant had served over 2 years when he was notified of the Commanding Officer’s recommendation for his administrative separation, therefore he was not in an entry level status and not eligible for an uncharacterized characterization of service.  MILPERSMAN 1910-304 states that a characterization of General (Under Honorable Conditions) is appropriate if significant negative aspects of the member’s conduct or performance of duty outweighed positive aspects of the member’s service record.  In the absence of a specific finding from an administrative board, a characterization of service as General may be awarded based on a review of the Sailor’s overall service record.  If, during a Sailor’s current enlistment, the member has been awarded evaluations with a final individual trait average of 1.99 or below, Commanding Officers must award a General discharge unless the member’s conduct has been so meritorious that an Honorable would be appropriate.  In the Applicant’s case, he received an Evaluation Report and Counseling Record on 20050304 with an individual trait average of 1.83.  Additionally, the Applicant’s Evaluation Reports refer to the Applicant having been counseled on judgment errors when dealing with superiors and other personnel and that he was disrespectful to his chain of command and unwilling to perform as a team.  Further, the Applicant told medical personnel that he had been UA and that he had been counseled for being disrespectful to a “watch” person.  The CO, Electronic Attack Squadron 134, within his authority as the Separating Authority, determined that General (Under Honorable Conditions) was the proper characterization of the Applicant service.  Relief denied.

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.  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

None

Pertinent Regulation/Law

A.  Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 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 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