DECISIONAL DOCUMENT FOR OFFICIAL USE ONLY ex YN3 by HC12070802294

VIEWS: 6 PAGES: 9

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


FOR OFFICIAL USE ONLY


                                    ex-YN3, USN
                                Docket No. ND06-00360

Applicant’s Request

The application for discharge review was received on 20051228. The Applicant requests
the Discharge Characterization of Service received at the time of discharge be changed to
honorable and the Narrative Reason for Separation be changed to “completed 4 year
enlistment: “expiration of active obligated service” EAOS.” 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 20061116.
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 and reason for discharge shall not change. The discharge shall
remain General (Under Honorable Conditions) by reason of convenience of the
government on the basis of a diagnosed personality disorder.
Docket No. ND06-00360


            PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“My discharge was inequitable because it was based on one isolated incident in 41
months of service with no adverse action. I submit my evals, med & phys evaluation,
DD214 and assorted letters of commendation as evidence of my claim of inequitable
standing. In addition, I received a final individual trait average of (2.00 or higher) in the
current enlistment. 2.43 eval signed by CO. on 27Apr01.”

Documentation

In addition to the service and medical records, the following additional documentation,
submitted by the Applicant, was considered:

    Applicant’s DD Form 214 (Member 1 and 4)
    Evaluation Report and Counseling Record from June 16, 2000 to 30 April 2001
    Evaluation Report and Counseling Record from June 16, 1999 to June 15, 2000
    Evaluation Report and Counseling Record from September 10, 1998 to June 15, 1999
    Evaluation Report and Counseling Record from December 12, 1997 to Jun 15, 1998
    Evaluation Report and Counseling Record from December 7, 1996 to July 15, 1997
    Evaluation Report and Counseling Record from July 16, 1997 to December 11, 1997
    Seventeen pages from Applicant’s service record
    Applicant’s Letter of Appreciation, dtd May 22, 2001
    Evaluation Report and Counseling Record from June 15, 2000 to December 15, 2000
    Applicant’s Letter of Appreciation, dtd January 27, 1999
    Applicant’s Certificate of Appreciation, dtd June 4, 1998
    Applicant’s NATO Certificate for June 17, 1998 to June 10, 1999
    Page 13 entry, Enlisted Aviation Warfare Specialist Qualification award
    Applicant’s Meritorious Unit Commendation for June 10, 1998 to December 10, 1998
    Applicant’s University of Maryland University College, Official Student Grade Report,
    dtd April 15, 1998
    Applicant’s University of Maryland University College, Official Student Grade Report,
    dtd June 23, 1998
    Applicant’s University of Maryland University College, Official Student Grade Report,
    dtd September 10, 1998
    Applicant’s University of Maryland University College, Official Student Grade Report,
    dtd January 29, 1999
    Applicant’s University of Maryland University College, Official Student Grade Report,
    dtd November 13, 1998
    Positions Inc, Executive and Administrative Search, Reference Check Form for
    Applicant, dtd June 12, 2001



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Docket No. ND06-00360

   Positions Inc, Executive and Administrative Search, Reference Check Form for
   Applicant, undtd




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Docket No. ND06-00360


                        PART II - SUMMARY OF SERVICE

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

       Inactive: USNR (DEP)          19960702 - 19960930               COG
       Active: None

Period of Service Under Review:

Date of Enlistment: 19961001                 Date of Discharge: 20010430

Length of Service (years, months, days):

       Active: 04 07 00 (Does not exclude lost time.)
       Inactive: None

Time Lost During This Period (days):

       Unauthorized absence: None
       Confinement:          None

Age at Entry: 34

Years Contracted: 4 (7-month extension)

Education Level: 16                          AFQT: 69

Highest Rate: YN3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: 3.0 (7)                         Behavior: 2.71 (7)        OTA: 2.91

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or
Authorized, (as listed on the DD Form 214): Armed Forces Service Medal; NATO
Medal; Armed Forces Expeditionary Medal; First Good Conduct Award ending 00Oct09;
Overseas Service Ribbon(2); Sea Service Deployment Ribbon(2); Meritorious Unit
Commendation; Battle “E” Ribbon(2); KOSOVO Campaign Medal; Navy Unit
Commendation




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Docket No. ND06-00360



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:

990511:       Psychologist evaluation at Alcohol Treatment Facility, at U.S. Naval
              Hospital, Rota, Spain. Applicant referred to ATF, Rota for evaluation due
              to command concerns about possible alcohol-related occupational
              problems. History was obtained from the patient and available medical
              records and was considered reliable. The patient was initially uncertain as
              to the reason for her alcohol evaluation. She noted three episodes of
              presenting late to work, none of which were reportedly alcohol related. In
              addition, she noted one occasion in December 1998 when she was
              informally counseled after presenting to work smelling of alcohol. The
              patient received formal counseling in March 1999 after allegedly
              demonstrating “behavior unbecoming of a Petty Officer” while on
              detachment. The patient adamantly denied inappropriate behavior of any
              kind, and adamantly denied alcohol-related behavior difficulties. She
              denied a history of alcohol-related incidents or legal difficulties. She
              noted one episode (again in December 1998) of driving at a Christmas
              party. She denied additional drinking and driving. The patient’s typical
              alcohol consumption was “two weekend nights a month, three to five
              [8oz] tintos.” She noted increased stress in the context of occupational
              demands, but denied additional psychiatric symptoms including
              neurovegetative symptoms of depression. She adamantly denied suicidal
              or homicidal ideation, plan, or intent.
              Diagnosis: AXIS I: No diagnosis.
              AXIS II: None
              AXIS III: None
              At time of evaluation the patient was not suicidal, homicidal, or psychotic.
              She is competent and fully accountable for her actions.
              Recommendations:
              1. The patient would benefit from general lifestyle education via
              PREVENT 2000 program.
              2. The patient was educated about the importance of managing alcohol
              intake.
              3. The patient was informed of the results of this evaluation and appeared
              amendable to recommendation.

010216:       NJP for violation of UCMJ, Article 91: (Insubordinate conduct toward
              warrant officer, noncommissioned officer, or petty officer).
              Violation of UCMJ, Article 134: (Threat, communicating).


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Docket No. ND06-00360

            Violation of UCMJ, Article 86: (Absence without leave).
            Violation of UCMJ, Article 92: (Failure to obey order or regulation).
            Award: Forfeiture of $788.00 per month for 1 month, restriction and extra
            duty for 30 days, oral reprimand. No indication of appeal in the record.
            [Partial information extracted from NAVPERS 1070/613, Administrative
            Remarks.]

010304:     Medical evaluation at Emergency Care and Treatment, U.S. Naval
            Hospital, Rota, Spain by R. C_, LT MCFS.
            38 year old female YN on restriction for several issues. She has been
            followed by FSC counselor and psychiatry. She was sent by command for
            rule out of suicidal and homicidal ideation. She was upset at home and
            was calling ¼ dec looking for me. ASDO was concerned about her and
            had duty driver bring her here.
            Pt(Applicant) reassured and contracts for her safety and safety of others. I
            will work with command re: change of dept. Assessment/Diagnosis:
            Stress low risk. Condition upon release: Improved.

010308:     Alcohol Treatment Facility, U.S. Naval Hospital Rota Spain. Applicant
            referred to the ATF for an alcohol use evaluation. Applicant was
            cooperative and disclosures appeared reliable. Preliminary results suggest
            no diagnosis. Recommend the member be returned to full duty.

010321:     Retention Warning: Advised of deficiency (On 010216, Applicant went to
            Captains Mast for violations of the UCMJ Article 91 (Insubordinate
            conduct toward warrant officer, noncommissioned officer, or petty
            officer), Article 134: (Threat, communicating).Violation of UCMJ, Article
            86: (Absence without leave), Article 92: (Failure to obey order or
            regulation). As a result of Captain’s Mast, Applicant was awarded
            forfeiture ½ pay for 1 month, 30 days restriction, 30 days extra duties and
            an oral reprimand.), notified of corrective actions and assistance available,
            advised of consequences of further deficiencies, and issued discharge
            warning.

010404:     Medical evaluation at U.S. Naval Hospital, Rota, Spain by R. D. P_, CDR,
            MC, USN, Psychiatrist
            Applicant diagnosed with histrionic personality with narcissistic and
            obsessive compulsive personality features. The psychiatrist recommended
            expeditious administrative separation based on a personality disorder of such
            severity as to render the Applicant incapable of serving adequately in the
            naval service. Applicant was considered self-destructive and a continuing
            risk of harm to self or others.

010411:     Applicant notified of intended recommendation for discharge with the
            least favorable characterization of service as general (under honorable


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Docket No. ND06-00360

            conditions) by reason of convenience of the government - personality
            disorder.

010411:     Applicant advised of rights and having consulted with counsel, elected to
            waive all rights except the right to obtain copies of the documents used to
            support the basis for the separation and submit a statement.

010418:     Commanding Officer, Fleet Air Reconnaissance Squadron TWO, granted
            Applicant’s discharge with a general (under honorable conditions) by
            reason of convenience of the government due to personality disorder.

010423:     Applicant found medically qualified for separation.




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Docket No. ND06-00360


           PART III – RATIONALE FOR DECISION AND PERTINENT
                                 REGULATION/LAW

Discussion

The Applicant was discharged on 20010430 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 Applicant requested upgrade of her discharge to honorable. 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 one retention warning and a
nonjudicial punishment proceeding for violations of UCMJ Articles 86 (unauthorized
absence), 91 (insubordinate conduct), and 92 (failure to obey order or regulation), 134
(communicating a threat). Violations of Articles 91, 92, and 134 are considered serious
offenses for which a punitive discharge is authorized at courts martial. The Applicant’s
conduct, which forms the primary basis for determining the character of her service, reflects
her willful failure to meet the requirements of her contract with the U.S. Navy and falls far
short of that required for an upgrade of her characterization of service. Relief is not
warranted.

The Applicant also requests change of the narrative reason for her discharge. 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 she was suffering from a personality disorder at the time of her discharge from naval
service. She 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. She was considered a continuing risk to do harm to herself or others. The
Applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates she was
separated for a Personality Disorder. No other Narrative Reason for Separation could more
clearly describe why the Applicant was discharged. To change the Narrative Reason
Separation would be inappropriate.

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.




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Docket No. ND06-00360



Pertinent Regulation/Law (at time of discharge)

A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 27, effective
27 March 2000 until 13 Aug 2001, Article 1910-122 (formerly 3620225), Separation By
Reason of Convenience of the Government - Personality Disorder.

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
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




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