DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100 ELP

Docket No. 6214-99
18 February 2000

 

From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy

Subj: REVIEW OF NAVAL RECORD OF gail

 

Ref: (a) 10 U.S.C.1552

Encl: (1) DD Form 149 w/attachments

(2) Case Summary
(3) Subject's Naval Record

1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Navy applied to this
Board requesting, in effect, that her naval record be corrected
to show a more favorable type of discharge than the discharge
under other than honorable conditions issued on 8 November 1982.

2. The Board, consisting of Messrs. Morgan, Rothlein, and
Chapman reviewed Petitioner's allegations of error and injustice
on 16 February 2000, and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record. Documentary material
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations and policies.

3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and injustice
finds as follows:

a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.

b. Although it appears that Petitioner's application to
the Board was not filed in a timely manner, it is in the
interest of justice to waive the statute of limitations and
review the application on its merits.

c. Petitioner enlisted in the Navy on 4 January 1982 for
four years. She completed recruit training and was assigned to
the fleet.
d. Petitioner served without incident until 21 April 1982
when she was referred to the ship's clinic for an interview by
the medical officer after she reported taking medication for
nerves. The medical record indicated that she seemed anxious
and her speech was fast. She also reported taking nerve pills
since the seventh grade. It was noted that she had requested
information through the division about procedures for a hardship
discharge due to her mother's illness... The medical officer
noted that according to Petitioner, both of her parents had
complicated medical problems and her mother's health in
particular was declining. A 17 year old sister and a 12 year
old brother were the only ones at home to take care of the
parents. “Petitioner was worried and depressed over the
Situation.

e. On 29 April 1982, Petitioner was referred to the
psychiatry clinic since she had become a discipline problem,
demonstrating immature behavior and a poor adjustment to the
Navy and shipboard life. She underwent an outpatient
psychiatric consultation on 3 June 1982. The consultation
report noted Petitioner had minimal insight and her judgment was
poor. She acknowledged suicidal ideation, but denied any
intent. She was not motivated for continued sea duty. It was
noted that while aboard ship she had suffered numerous minor
injuries and twice attempted to jump overboard. She was
diagnosed with a histrionic personality disorder and was
considered responsible for her behavior. Administrative
separation was recommended given her poor adjustment to the
demands of military service and lack of motivation for continued
service.

£. During the two month period from May to July 1982,
Petitioner received two nonjudicial punishments (NJP) for three
instances of disobedience of a lawful order, unspecified conduct
prejudicial to good order and discipline, absence from appointed
place of duty, disrespect, and improper possession of alcohol.
Thereafter, Petitioner was formally counseled regarding her
miscoriduct and warned that failure to take corrective action
could result in separation under other than honorable
conditions.

g. The medical record reflects that on 17 August 1982
Petitioner reported to morning sick call, alleging that she had
been raped by a petty officer the previous evening at about 2000
hours. She was referred to a rape crisis center emergency room
where she underwent an examination. The results of that
examination are not on file in the medical record.

h. Petitioner received her third NJP on 24 August 1982 for
two instances of disobedience of a lawful order and disorderly
conduct. Punishment imposed consisted of a forfeiture of $200
and 30 days of restriction and extra duty.

i. On 27 August 1981, Petitioner was notified that
discharge under other than honorable conditions was being
considered by reason of misconduct due to frequent involvement
of a discreditable nature with military authorities and
unsuitability due to inaptitude. She was advised of her
procedural rights, declined to consult with counsel and waived
her rights.

i. Petitioner received her fourth NJP on 20 September 1982
for disrespect, disobedience of a lawful order, and use of
provoking speech and gestures. Punishment imposed was 30 days
of correctional custody. Thereafter, the commanding officer
recommended her discharge by reason of misconduct due to
frequent involvement and unsuitability. The Chief of Naval
Personnel directed discharge under other than honorable
conditions on 5 November 1982. Petitioner was so discharged on
8 November 1982.

j. In her application, Petitioner states that after she
enlisted in the Navy under the delayed entry program, her
parents" health suddenly declined. Her father began having
severe heart problems after by-pass surgery and her mother
suffered a brain hemmorrhage. She provides doctors" statements
that her father had been disabled since April 1981 and her
mother was unable to work since late November 1981 due toa
brain hemorrhage. Petitioner claims that on the date she was to
enlist she asked if it was possible to get out of her obligation

because of her parents' health but was told that it was too
‘late.

CONCLUSION:

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board notes that although

3
Petitioner may have sought information regarding a hardship
discharge there is no evidence that she ever submitted a request
for such a separation. The Board also noted that prior to
Petitioner's four NJPs she had been diagnosed with a personality
disorder in which it was recommended that she be discharged for
unsuitability due to her poor motivation and adjustment to the
demands of military service. Had she been so discharged, she
would have been discharged with the type of discharge warranted
by the service record. The Board also notes Petitioner's
allegations that she had been raped, and found it disturbing
that the medical record does not contain the results of the
examination conducted after the rape. Further, there is no
information in the record as to what action, if any, the command
took on the allegation. The Board does not condone Petitioner's
misconduct. However, the Board believes her family problems at
home and personality disorder impaired her ability to adequately
serve and were contributing factors to her misconduct. The
Board concludes that they were sufficiently mitigating to
warrant recharacterizing her discharge under other than
honorable conditions to a general discharge under honorable
conditions.

RECOMMENDATION :

a. That Petitioner's naval record be corrected to show
that she was issued a general discharge on 8 November 1982 by
reason of misconduct vice the other than honorable discharge
actually issued on that date. This should include the issuance
of a new DD Form 214.

b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.

c. That upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 4 October 1999.

4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled

matter.
ROBERT D. ZSALMAN ALAN E. GOLDSMITH
Recorder Acting Recorder
5. Pursuant to the delegation of authority set out in Section 6
(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6
(e)) and having assured compliance with its provisions, it is
hereby announced that the foregoing corrective action, taken
under the authority of reference (a), has been approved by the
Board on behalf of the Secretary of the Navy.

D

W. DEAN P R'
Executive Diradto