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Docket No. ND02-01067

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

 ex-EM3, USN
Docket No. ND02-01067

Applicant’s Request

The application for discharge review, received 020725, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Completion of Required Active Service.  The Applicant requested a personal appearance hearing in the Washington National Capital Region.  The Applicant designated the Veterans of Foreign Wars as the representative on the DD Form 293.  In the acknowledgement letter to the Applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. 

Decision

A documentary discharge review was conducted in Washington, D.C. on 030410.  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 narrative reason for discharge shall 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 discharge is inequitable, it was based on an isolated incident within 46 months of service with no other adverse action.

Submitted by VFW:

2.  Based on the available records for our review, we fully concur with the Applicant's contention that his discharge should be upgraded due to inequitable of the discharge.  The awarding of a General Discharge for the offense committed, in our opinion was inappropriate.  We refer this case to the Board for their careful and compassionate consideration and request the Applicant's discharge be review for upgrade to Honorable.

Documentation

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

Copy of DD Form 214 (Copy 1 & 4)

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	980130 - 980208	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  980209		Date of Discharge:  011120

Length of Service (years, months, days):

	Active:    03  09  12
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  10			AFQT:  64

Highest Rate:  EM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.17 (6)	Behavior:  3.5 (6)		OTA:  3.55

Military Decorations:  None

Unit/Campaign/Service Awards:  GCA

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:

980727:	DAPA:  21 year old divorced male Caucasian with 5 months continuous active duty attached to SSC referred for incident of drunk & disorderly & assault on 7/16/98.  SMN went to Shipwreck & was approached by ex-wife, they have been divorced since 21 May 98.  He left and went elsewhere & his ex continued to follow him to different places, he drank 1 pitcher beer, 1 shot liquor, & 1 mixed drink.  Went back to BEQ to calm down & ended up hitting his friend out of anger. Also pending a civilian domestic battery charge, he denied being involved in this incident.  Has been interviewed by Family Advocacy.  When member screened by DAPA he felt he had a problem with alcohol, now feels his problem is anger & stress, drinking history minimized, wants to see mental health.  Denies blackouts, has a positive family history for alcohol and drug abuse, Grandfather died from cirrhosis of the liver, sister drinks heavily & aunts/uncles.  Substance history:  1^st drunk - 18 years old, regular drinking 18 year old - 1-2 times week - 6 pack, heavy drinking - 2 times week - 12 pack.  Most ever drank - large bottle of Bacardi - 2 times, last drink - 24 Jul 98 - 1½cups of beer.
	Impression:  Appears to meet 6 of 7 DSM IV criteria for alcohol dependence.
	Recommendation:  Intensive Outpatient Treatment.

980729:	NJP for violation of UCMJ, Article 128 and Article 134.
	Award: Forfeiture of $199 per month for 1 month and restriction and extra duty for 14 days (suspended for 6 months).  No indication of appeal in the record.  

980830:	Patient (Applicant) present to Emergency Room is a 21 year old male.  Pt complains of "intoxication & shoulder pain," complains of "right shoulder pain, policeman stepping on it.”  Pt to Xray. Pt returned to Bed.  Pt discharged with instructions.  Pt verbalized compliance & understanding.

980915:	Punishment of FOP $199 for 1 month, restriction and extra duties for 14 days suspended for 6 months at NJP of 98JUL29 vacated this date due to continued misconduct.

980915:	NJP for violation of UCMJ, Article 134:  Unlawfully enter the Great Lakes NTC by jumping the fence.
	Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 7 days.  No indication of appeal in the record.

011018:	Naval Medical Center, Portsmouth, VA (Psychiatry):  24 year old male, E-4, stationed on USS OAK HILL referred by command (pt does not object to interview) with 3 years, 8 months continuous active duty.  Pt presenting behavioral problems in the command for violations of dereliction of duty, late for duty.  Command became concerned with provocative statements such as changing his watch running backwards, inappropriate verbal outbursts.  He describes himself being distrustful of chain of command and being treated unfairly.  He denies any fluid psychosis (delusions, AVH).  Feels a sense of dread while at work, but otherwise asymptomatic.  Denies symptoms of mood, anxiety, neurovegetative symptoms.
	Assessment:  AXIS I - None, AXIS II - Rule out Personality Disorder, NOS with narcissistic, paranoid, borderline vs traits, AXIS III - Bell's/Tie, AXIS IV - Occupational, AXIS V – 60.
	Recommendation:  Service member is fit for full duty. However, he does present significant personality issues which could render him unsuitable for further military service.  Given his relatively brief remaining time (approximately 60 days) do not feel would be useful to pursue administrative separation.  He is not currently an imminent danger to himself or the crew/vessel.

011025:	Memo from Naval Medical Center, Dept of Psychiatry, Portsmouth, VA to the Commanding Officer, USS OAK HILL, stating the following:  "The evaluating psychiatrist strongly recommends expeditious administrative separation for unsuitability in accordance with MILPERSMAN 1910-122.  The service member does not have a treatable mental disorder and is not considered disabled for purposes of disability ratings by the military or Veterans' Administration system.  He is returned to the command with the recommendation that he be separated for the good of the Naval Service as he is considered highly unsuitable for continued Naval Service.  The service member manifests a long-standing disorder of character and behavior which is of such severity as to interfere with serving adequately in the Navy.  While not imminently suicidal or homicidal, this service member is at much higher risk of harm to himself or others, if retained at his command and not separated from the Navy."

011109:	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.

011113:	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.

011113:	Report of Medical Assessment, Applicant stated he was admitted to the Portsmouth Naval Hospital (Psych).

011117:	Commanding Officer, USS OAK HILL (LSD 51) directed Applicant's discharge with a General by reason of personality disorder. 

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 011120 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).

Issues 1 and 2.  A characterization of service of under honorable conditions (general) 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 award of nonjudicial punishment (NJP) on two occasions and by behavior that resulted in his command becoming convinced that he was a risk to the well being of himself and/or others and was too mentally unstable to continue to serve the short time he had remaining in his enlistment.  While not diagnosed with a treatable mental condition, the Applicant was determined by a competent medical authority to possess a long-standing disorder of character and behavior which is of such severity as to interfere with serving adequately in the Navy.  No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls short of that required for an honorable characterization of service.  The Applicant was discharged over two months prior to his completion of his active duty contract, therefore the Applicant’s request to change his narrative reason for separation to completion of required active service has no merit.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident during the Applicant’s enlistment.  Additionally, 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.  Relief not warranted.  

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.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective 
14 Aug 2001 until 21 Aug 2002, 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/A9235/A9217/A9223/A9221