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Docket No. ND02-01052

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

 ex-FA, USNR
Docket No. ND02-01052

Applicant’s Request

The application for discharge review, received 020517, requested that the characterization of service on the discharge be changed to honorable.  The Applicant requested a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.  In the acknowledgement letter to the Applicant, he was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D.C. area.  Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030414.  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 of the discharge shall not change.  The discharge shall remain:  UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

Prior to the documentary discharge review, the Applicant introduced no issues as block 8 on the DD Form 293 is blank. 

Documentation

Only the service and medical records were reviewed, as the Applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

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

	Inactive: None
	Active:   None

Period of Service Under Review:

Date of Enlistment:  871024		Date of Discharge:  881021

Length of Service (years, months, days):

	Active:    00  10  25
	Inactive:  00  01  03

Age at Entry:  20			Years Contracted:  8

Education Level:  12			AFQT:  68

Highest Rate:  FA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.0 (1)	Behavior:  2.0 (1)		OTA:  2.28

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority:  NAVMILPERSMAN, Article 3620200.

Chronological Listing of Significant Service Events:

871127:	Commenced 24 months active duty under the Navy Sea/College Program.

881018:	USS ACADIA, Medical Dept:  21 year old black male here today with chief complaint "I've gotta get out of the Navy".  Report having sensation of walls close in on him since May, with increased anger, depression, and decreased sleep.  Lives on the ship reports not having any friends.  Has been in the Navy for 10 months.  Works in R-1, as a department cleaner & hates his job.  Is non-rated.  No NJP, but today he hung up the phone on a CPO and suspects that he will be put on report for disrespect.  No hallucination, no suicidal, ideation, no homicidal ideation "but I had planned on starting a fight."  
	Assessment:  occupational problem, adjustment disorder 
	[Complete medical report missing]
	Referred to Mental Health Unit, San Diego, CA

881021:	Fleet Mental Health Unit, NMC, NS, San Diego, CA:  Member presents with chronic dissatisfaction with USN rules and regulations - states he does not feel he can cope any further with people on board.  Complains of dissatisfaction began secondary to when he felt he wasn't given adequate help for medical problems - fallen arches.  Since reporting to ship 7 months ago has had increased dissatisfaction which has result in 5-6 fights off base and 1 physical fight with his girlfriend 2 months ago on leave.  Reports he feels "good to" hit her, ended relationship abruptly but he still pays her child support for their 7 month old (unplanned) child.  Since hitting his girlfriend, he has felt depressed and angry, irritable, decreased appetite due to upset stomach, increased sleep, increased laziness and decreased motivation for weeks.  These symptoms culminated yesterday when he slammed phone on his Chief (Chief M__) after he criticized him.  Member then began to think of ways to harm Chief (strangle him) and made a verbal threat that he was going to get him.  Made no specific plan however last homicidal rumination was last night.  He understands he could be incarcerated if he harmed a CPO.  He also recounts about a 2 month history of nightmares in which he sees himself hanging himself with a rope on ship.  Had several suicidal fantasies 2 days ago secondary to incident (take pills, shoot self) but made no gestures, had no means.  Last suicidal ideation was 2 days ago.  Division referred him to medical for eval.  
	Diagnosis:  AXIS I - Adjustment disorder, mixed features (209.28)
	AXIS II - Personality disorder NOS with passive aggressive and immature features (301.90).
	AXIS III - None known
	Recommendation:  1 - Fit for full duty and expeditious adsep IAW NAVOP 013.87/2B.  Mbr not considered mentally ill but manifests a disorder of character and behavior which renders him unsuitable for future USN service.  Mbr not currently suicidal/homicidal but presents a continuing risk/liability to harm self/others if returned on board ship& in the USN.  Discussed with XO (LT C_).  2 - Command advised.  3 - No harm contract endorsed.  4 - TPU group, Weds 1000.  5 - Returned to Clinic if suicidal/homicidal.  6 - Command may if desired send SNM to TPU.  7 - Pt advised, educated & concurs.

881020:	Applicant notified of intended recommendation for discharge with the least characterization of service as under honorable conditions (general) by reason of convenience of the government on the basis of a diagnosed personality disorder.

881020:	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.  Applicant did not object to separation.

881021:	Applicant discharged under honorable conditions (general) by reason of Other physical/mental conditions personality disorder under authority of MILPERSMAN 3620200.

900626:	CO, USS ACADIA, advised CNMPC that Applicant was discharged on 21 October 1988 with an Honorable discharge by reason of Convenience of the Government due to Personality.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 881021 under honorable conditions (general) 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 and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

The applicant did not introduce any decisional issues for the Board’s consideration.  A characterization of service of under honorable (general) conditions is warranted when the member’s conduct constitutes a departure from that expected of a Sailor.  The Applicant’s conduct and performance, which forms the primary basis for determining the character of his service, reflect his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for a honorable characterization of service.  The Board did note an administrative error in which a letter from the Commanding Officer of the USS ACADIA indicated the Applicant received an honorable vice a general discharge.  However, this letter was written more than a year and a half later and by a different Commanding Officer.  The Board presumed regularity and found the characterization described in the letter was an administrative error on the part of the command.  An upgrade to honorable would be inappropriate.  Relief denied.  

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 the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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.  Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge.  Evidence of continuing educational pursuits, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his discharge.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560A, Change 5, effective 
15 Jun 87 until 10 Jan 89), Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B.  NAVOP 013/87 (CNO 201614ZFEB87) Delegated authority to Special Court-Martial Convening Authorities (SPCMCA's) to administratively separate enlisted members in certain circumstances.  Authority was delegated for separation of enlisted members with Honorable, General, or Entry Level discharges for the following reasons where member does not object to the separation.

C.  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.  

D.  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.

E.  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/A0100/A9500/A9217/A9201/A9221