NavHosp Camp Lejeune by HC12072709416

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




                                        ex-HN, USN
                                   Docket No. ND01-01063

Applicant’s Request

The application for discharge review, received 010810, requested that the characterization of
service on the discharge be changed to honorable and the reason for the discharge be changed to
End of contract/duty. The applicant requested a documentary record discharge review. The
applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020307. After a
thorough review of the records, supporting documents, facts, and circumstances unique to this
case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s
service. The Board’s vote was unanimous that the character and reason for discharge shall not
change. The discharge shall remain: GENERAL (UNDER HONORABLE
CONDITIONS/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122
(formerly 3620225).




The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and
Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent
Regulation/Law, Part IV - Information for the Applicant.
INDEX: A8600/A8603/A8605/A0145/A0107/
Docket No. ND01-01063


                PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. This discharge is improper because it clearly states in Dr S_'s diagnoses that he found no
psychiatric impairments, and I was fit for duty.

2. This discharge is improper because it clearly states in section i, Personality Disorder in
SECNAVINST 1910.4B Part 1 reasons for separation, that a separation is not appropriate when
separation is warranted on the basis of unsatisfactory performance or misconduct. It also states that
the member should not be separated under this section regardless of the existence of a personality
disorder.

Documentation

In addition to the service record, the following additional documentation, submitted by the
applicant, was considered: Discharge package was incomplete.

    Copy of section i. Personality disorder from SECNAVINST 1910.4B (2 pages)
    Copy of applicant's DD Form 214
    Copy of applicant's DD Form 215
    Fifty-five pages from applicant's service record




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                            PART II - SUMMARY OF SERVICE

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

       Active: USN                   940718 - 960118        HON (can't verify)
       Active: USNR                  920519 - 980508        HON
       Inactive: USNR                920513 - 920518        To report ACDU

Period of Service Under Review:

Date of Enlistment: 960119           Date of Discharge: 980508

Length of Service (years, months, days):

       Active: 02 03 22
       Inactive: None

Age at Entry: 21                     Years Contracted: 6

Education Level: 12                  AFQT: 57

Highest Rate: HM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: NMF              Behavior: NMF                 OTA: NMF

Military Decorations: None

Unit/Campaign/Service Awards: MUC, NDSM, GCM

Days of Unauthorized Absence: None

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:

960119:        Reenlisted for 6 years at NSHS San Diego, CA.

961223:        Applicant submitted to CG, MCAS, Cherry Point, NC, via CO, Halyburton Naval
               Hospital, documentation/responses to her allegations of discrimination,



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Docket No. ND01-01063

            harassment, intimidation and dereliction of duty pertaining to informal and formal
            grievance. [Information provided by the applicant.]

970110:     CO, NavHosp, Cherry Point, NC forwarded applicant request concerning her
            allegations of racial discrimination to CG, MCAS, Cherry Point. [Information
            provided by applicant.]

970224:     NavHosp Camp Lejeune: 25 year old female, black, complains of constant
            headaches. No relief prescribed meds. Also complains intermittent loss of
            appetite. Pt has been seen by Acute Care. Pt was given meds. Complains of
            increase stress about work.
            Assessment: Stress induced headaches.
            Plan: Continue other meds as directed………Pt to follow-up tomorrow afternoon.

970306:     Mental Health Clinic, NavHosp, Camp Lejeune: Chief compliant - "I've been
            having some headaches and stress due to discrimination at work." IMPRESSION:
            This young woman presents with history of significant conflict in her current job.
            There is no obvious history to suggest a major psychiatric disorder. Although she
            endorses some depressive symptom, these do not appear to be of sufficient
            severity to denote a major depressive episode. It appears to be more likely that
            these are of a severity to suggest an adjustment disorder due to problems at work.
            Although certainly in these situations character pathology is suspected. Pt
            presents no evidence to suggest any obvious character pathology at the time of this
            evaluation. Noted the pt has by at least her own report had no prior problems in
            Navy and has done very well in schools. Sufficeth to say at this time, pt does not
            manifest symptoms of a major psychiatric illness, nor does she require, nor ask for
            medication.
            DIAGNOSES: AXIS I: 1) Adjustment Disorder, with mixed emotional features.
            Resolving, 2) Occupational problem. AXIS II: Deferred. AXIS III: Tension
            headaches.
            RECOMMENDATION: 1. Pt fit for duty psychiatrically, pt should continue
            evaluation by neurology for her headaches. 2. Pt should continue outpatient
            therapy as arranged with therapist at NavHosp, Cherry Pt, NC. 3. Pt does not
            need to return to clinic unless further issues arise. Pt may return here to
            Outpatient Mental Health Clinic. 4. Pt understands provisions of plan and agrees.

980318:     Psychological Evaluation by LT C_: Command notified on this date that
            applicant had been diagnosed with personality disorder. In the event hat she failed
            to demonstrate acceptable performance after reasonable counseling and guidance,
            it was recommended she be administratively discharged without recourse to
            further mental health evaluation, hospitalization, or medical board. [Extracted
            from CO's letter of 2 Apr 98.]

970320:     Counseled with recommendations for corrective action, including showing proper
            respect for senior authorities; effectively performing the tasks expected fo a


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Docket No. ND01-01063

            trained laboratory technician, and avoiding confrontation with fellow workers.
            [Extracted from CO's letter of 2 Apr 98.] Retention Warning: Advised of
            deficiency (UA, late in mustering), notified of corrective actions and assistance
            available, advised of consequences of further deficiencies, and issued discharge
            warning.

970617:     Counseled for deficiencies in her laboratory performance. [Extracted from CO's
            letter of 2 Apr 98.]

980312:     LT F_, Laboratory Officer, memo documents numerous serious laboratory
            performance deficiencies including the discarding of untested specimens. The
            accompanying synopsis tables show HN (Applicant) to have the worst
            performance record in the laboratory both for 1998 and separately since her arrival
            in 1996. [Extracted from CO's letter of 2 Apr 98.]

980316:     Applicant notified of intended recommendation for discharge general (under
            honorable conditions) by reason of 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 as evidenced by psychological
            consultation dated 18 March 1997 and a page 13 entry dated 20 March 1997.

980325:     NJP for violation of UCMJ, Article 86: Absence without leave, violation of
            UCMJ, Article 91: Insubordinate conduct towards noncommissioned officer,
            violation of UCMJ, Article 92: Failure to obey order or regulation.
            Award: Reduction to HN.

980402:     Commanding officer directed discharge general (under honorable conditions) by
            reason of 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.

980421:     Naval Hospital Camp Lejeune NC: 26 year old black female her for follow-up
            cervical strain after MVA 18 Apr 98.
            Plan: Continue meds, limited duty 30 days, follow-up, pt returns as necessary or
            ASAP if symptoms returns.

980427:     Naval Medical Center, Cherry Point, Telephone consultation: 26 year old active
            duty HN with severe personality disorder NOS B traits) awaiting admin sep in 1
            week now s/p MVA 18 Apr 98 p/w memory loss, neck pain, total loss of sensation
            right arm. Was restrained driver struck on left side. No bruising, loss of
            consciousness, blows to head.
            IMPRESSION: Non-physiologic subjective symptoms after MVA with evidence
            clearly indicating conscious or unconscious embellishment.
            RECOMMENDATION: Continue psychological follow up. Follow patient
            clinically for now. No further imaging needed at this time. Admin sep is


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Docket No. ND01-01063

              unrelated to this incident and should be done for the Needs of the Navy - takes
              precedence over medical topics.

Discharge package is missing.




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Docket No. ND01-01063


  PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980508 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). The Board
presumed regularity in the conduct of governmental affairs (B). 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 (C and D).

Issue 1. The applicant states her discharge was improper because the Dr.’s medical diagnosis states
that he found no psychiatric impairments and she was fit for duty. The applicant’s service record
contains a medical evaluation report, prior to the 980318 psychological evaluation report, that states
she had no psychiatric impairments and was fit for duty. However, a subsequent evaluation states
the applicant suffered from a sever personality disorder NOS (B traits). The Board determined
there is enough documentary evidence in the applicant’s record to suggest she suffered from a
personality disorder and was discharged appropriately. The applicant’s discharge package is not
available, therefore the Board assumed regularity in the conduct of government affairs. Relief
based on this issue of propriety is not warranted.

The applicant’s second issue states: “This discharge is improper because it clearly states in section
i, Personality Disorder in SECNAVINST 1910.4B Part 1 reasons for separation, that a separation is
not appropriate when separation is warranted on the basis of unsatisfactory performance or
misconduct. It also states that the member should not be separated under this section regardless of
the existence of a personality disorder.” The record shows the applicant was properly evaluated as
having a personality disorder and issued a counseling warning that afforded her the opportunity to
overcome her deficiencies. She violated the counseling warning and was processed and separated
from the naval service. The applicant’s issue that she “should not be separated under this section
regardless of the existence of a personality disorder (SECNAVINST 1910.4B)” is a
misinterpretation of the instruction. The section the applicant refers to states that “if separation is
warranted on the basis of unsatisfactory performance or misconduct, the member should not be
separated under this section regardless of the existence of a personality disorder.” The Board found
the applicant was not considered for separation due to unsatisfactory performance or misconduct,
and she was properly processed for separation due to a diagnosed personality disorder. Relief is
denied.

The applicant requested the reason for discharge be changed to “End of Contract/Duty.” 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 summary of service
clearly documents that a personality disorder was the reason the applicant was discharged. No
other Narrative Reason for Separation could more clearly describe why the applicant was
discharged. To change the Narrative Reason Separation would be inappropriate. Relief is
denied.



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Docket No. ND01-01063

The NDRB is authorized to consider post-service factors in the re characterization of a discharge.
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 the civilian life subsequent to leaving the
service. Normally, to permit relief, an error or injustice must have been found to have existed
during the period of enlistment in question. Outstanding post-service conduct, to the extent that
such matters provide a basis for a more thorough understanding of the applicant’s performance
and conduct during the period of service under review, may be considered by the NDRB. The
applicant failed to provide documentary evidence to demonstrate his positive community service,
employment history, and clean police record. Relief is not warranted.

The applicant is eligible for a personal appearance hearing provided the application is received
within 15 years from the date of discharge. Representation at personal appearance hearing is
recommended.

Pertinent Regulation/Law (at time of discharge)

A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until 31 Aug 1998, Article 1910-122 (formerly 3620225), SEPARATION BY
REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER(S).

B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review,
1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE
REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review,
1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review,
1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.




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Docket No. ND01-01063


                    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
“afls10.jag.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:

               Naval Council of Personnel Boards
               Attn: Naval Discharge Review Board
               720 Kennon Street SE Rm 309
               Washington Navy Yard DC 20374-5023




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