Author: CAP
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Docket No. ND02-00630

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

 ex-OSSA, USN
Docket No. ND02-00630

Applicant’s Request

The application for discharge review, received 020403, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions and the reason for the discharge be changed to hardship.  The Applicant requested a documentary record discharge review.  The Applicant listed the Disabled American Veterans as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030124.  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 4 to 1 that the character of the discharge shall not change and unanimous that the reason for the discharge will 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 submitted

1.  My name is (Applicant) I served in the Navy from Sept 30 1999 to Nov 30 2001.  My career was cut short due to extenuating circumstances, from June 02 2001 I found out my wife was having a affair with another sailor on another ship.  My son was not being cared for and I needed to find care for him so I could fulfill my obligation to the Navy and my country. I have chosen the Navy as my life long career.  I enjoy what I did in the Navy.  I have tried many times to transfer to help my family and my career. But my LPO and other members of my command did not see it this way. When I asked for help I got little to no help at all.  The attitude was we do not care get back to work.  When I tried to talk to my chain of command my div career counselor helped me get some paper work together for my transfer.  My cico told me that if I put in for the transfer I would be discharge under hardship this was not what I wanted.  I Just needed to find care for my son in Aug of 2001 I went to my first captain's mass I was in violation of ucmj article 86 Absence without leave.  I was ua a total of 10 hours and for good reason my wife was trying to take my son from me as well as things from my home.  I went to stop her and the other sailor she was see.  I tried to talk to my chain of command but my LPO's attitude was we do not care.  Other members of my command tried to help me as best they could.  When I went to my DRB my LPO OS1 W_ lied to my chiefs as well as my xo and captain and told them since I got to my div that he has given me every opportunity to advance and excel and 95% of the time I have failed this was untrue.  At the time evidence was withheld in fact please find enclose evidence of my evaluation proving not only that I was competent but in fact my pqs was the same as the 2nd class if not more advance then some.  I was taken out of my div and put in to supply department where I worked in HAZMAT this did not help my health at all. I already had respiratory problems from when I was sick in boot camp in.  Oct we had our command PRT I could not participate for two reasons one I was on Resection an could not leave the ship.  No paper work was ever filled out and two in my medical record it states that prior to running I needed to take Meds prior to any running.  The chief I was working for asked me if it was in my medical record or mass was a possible.  I found out a few days later that the command was taking me to drb for ua again.  I talked to the cdo who was on duty an asked him if they could take me to the naval hospital.  I told him with all the stress I was under with trying to find care for my son and my ex-wife and my LPO trying to get me anyway he could I needed a place to cool down and think.  At no time did I ever threaten to do harm to my self or any one else.  When I was in the hospital my command told me all charges would be dropped.  I returned to my command and everything seamed to be ok my command reinstated me to E-3.  I found out a few weeks later that I was going to be discharge for a personality disorder.  There was no diagnosis made.  There is no evidence of any mental disease or defect.  My command went ahead an held mass with out me being there.  I never waived my right to personal appearance with the commanding officer.  I had no chance to defend my self.  My discharge information is incorrect the command has me down as an E-2 I was an E-3.  The command has made it impossible for me to find employment because of what is on my discharge. There is no evidence of psychosis.  You will find all forms an information I have provided you documents in making your deter minion enclosing.  I respectfully request to be reinstated in the navy at my former rank of OS3 or my discharge upgraded to honorable.  And reason for separation change to hardship.  Very respectfully

2.  After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to support the contentions as set forth by the Applicant, in his request that he be given the opportunity to change his General (Under Honorable Conditions) to an Honorable Discharge.

The (FSM) joined the United States Naval Services September 30, 1999 until November 30, 2001 a period of over 2 years and 2 months, where he served with (one) article 86 UCMJ punishment.  The reason the (FSM) feels he was treated unfairly was the narrative reason for his separation from his term of service (for the convenient of the service/personality) Disorder.

During his military tenure he experienced what he described as several stress related episodes of mental disorders.  The (FSM) claims he was misdiagnosed as having severe personality disorders by military Medical staff in their effort to accommodate his Unit and Company Commander desire and their effort to separate the (FSM) from military service.

The (FSM) states that he is sorry for his youthful and immature behaviors that he demonstrated in the past and seeks now to better his life through seeking positive ways by requesting an up-grade in his military separation Conditions( Under Honorable Conditions) to a Honorable Discharge.

The (FSM) seeks now to up-grade his discharge also in an effort to receive Educational benefits and entitlements for his military service and to reassess his life in hopes for secure job opportunities and a secure and better future.  The (FSM) now respectfully requests an equitable standard be applied as well as equity in treatment in seeking the boards' forgiveness for his miss-conduct behaviors while a member of the United States Naval Services.  The (FSM) sincerely hopes that by respectfully requesting and being granted an Honorable Discharge from the Naval Services, he feels this is a matter of supreme Honor and Respect he will cherish throughout his lifetime.  The (FSM) also states he had always tried to achieve Honor and Respect during his entire military duty in the Naval Service.  We respectfully request that the (FSM) be given complete and duty consideration by the board.  We also respectfully request that the board consider each reasonable explanation submitted by the (FSM) who now wishes to correct the general character of his discharge to Honorable.

We ask for the Boards careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision.  These issues do not supersede any issues previously submitted by the Applicant.  Respectfully,

Documentation

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

Applicant's DD Form 214
Twenty-five pages from Applicant's service/medical record

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	990831 - 990929	COG

Period of Service Under Review:

Date of Enlistment:  990930		Date of Discharge:  011130

Length of Service (years, months, days):

	Active:    02  02  01
	Inactive:  None

Age at Entry:  22			Years Contracted:  4

Education Level:  12			AFQT:  35

Highest Rate:  OSSN

Final Enlisted Performance Evaluation Averages (number of marks):*

Performance:  3.00 (1)	Behavior:  4.00 (1)		OTA:  3.33

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

*Enlisted Performance Evaluation average retrieved from the Evaluation Report and Counseling Record from the supporting documents provided by the Applicant.

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:

010831:	Retention Warning: Advised of deficiency (Absence without leave.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

010830:	NJP for violation of UCMJ, Article 86: Unauthorized absence on 1 Aug 01.
	Award: Forfeiture of $585 per month for 2 months, restriction for 60 days, reduction to OSSA.  Frocking to OS3 revoked.  No indication of appeal in the record.

011012:	Medical officer statement, something close to the following:  Applicant diagnosed with a personality disorder NOS with narcissistic and borderline traits and alcohol dependence.  The psychiatrist recommended 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.  Recommend Level III treatment for alcohol dependence.

011016:	Applicant notified of intended recommendation for discharge with a 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 and misconduct due to a commission of a serious offense.

011023:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

011130:	COMCARGRU TWO directed the Applicant's discharge with a general (under honorable conditions) by reason of convenience of the government on the basis of a personality disorder.

011203:	Commanding Officer recommended discharge with a 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.  Commanding officer’s comments (verbatim): "As evidenced by enclosures (2) through (6) OSSA (Applicant's) fitness and suitability for further naval service has been carefully evaluated and he has been clinically diagnosed as having a personality disorder which presents a continuing danger of harm to himself or others.  Also, on 01 Nov 05, he failed to report for a mandatory 12 day treatment program at Addiction Rehabilitation Division, Norfolk, Virginia, showing this command that he has no desire or will to rehabilitate himself.  As directed by enclosure (8), I separated OSSA (Applicant) from the U.S. Navy on 01 Nov 30 with a General Discharge (SPD code HFX)."

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 011130 with a general (under honorable conditions) discharge 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).

Responding to the Applicant’s and his representative’s issues, the Board found the Applicant's discharge was both proper and equitable.  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.  There is no evidence of impropriety, inequity or procedural irregularities in the Applicant's discharge.  The Applicant's personality disorder is clearly documented, as is the reason for characterizing the Applicant’s service record as under honorable conditions (general) instead of honorable service.  The evidence is based on the Applicant’s NJP for unauthorized absence and failure to report for a mandatory 12 day treatment program at Addiction Rehabilitation Division.  In addition, the Board noted the Applicant acknowledged and waived his rights to counsel.  The Applicant was afforded the appropriate due process at every opportunity.  The NDRB found the Applicant's service record devoid of any mitigating or extenuating factors that would warrant an upgrade of the Applicant's discharge to an honorable characterization.  Relief denied.

The following is provided for the edification of the Applicant.  Normally, to permit relief, an error or inequity must have been found to have existed during the period of enlistment in question.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  However, 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.  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 can be considered.  Examples include documentation such as educational pursuits, verifiable employment record(s), documentation of community service, and certification of non-involvement with civil authorities.  At this time, the applicant has not provided such documentation for the Board to consider.  Therefore, no relief will be granted.

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 additional documentation to support any claims of post-service accomplishments at that time.  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), Change 33, effective 
14 Aug 2001 until Present, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s) 

B.  Secretary of the Navy Instruction 5420.174C 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.

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 “afls14.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

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/A9307/A9217/A8601/A9223/A9229