DEPARTMENT OF THE NAVY
BOARD FOR CORR
EC T ION OF N A VAL R EC OR DS
NAVY
2
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 7597-01
9 October 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref:
(a) 10 U.S.C.
1552-
Encl:
(1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy,
Board requesting that the characterization of his discharge be
changed.
filed enclosure (1) with this
The Board, consisting of Mr. McBride, Ms. McCormick, Mr.
2.
McPartlin, reviewed Petitioner's allegations of error and
injustice on 8 October 2002 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes, regulations, and policies.
Documentary material
The Board, having reviewed all the facts of record pertaining
3.
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 enclosure (1) was not filed in a
timely manner, it is in the interest of justice to waive the
statue of limitations and review the application on its merits.
”
C .
Petitioner enlisted in the Navy on 26 September 1978 at
At the time of Petitioner's enlistment he had
age of 18.
completed 11 years of formal education.
His Armed Forces
Qualification Test (AFQT) score was 51, which placed him in
Mental Group III.
d.
During Petitioner's period of service he received
nonjudicial punishment (NJP) on six occasions for 10 periods of
absence from his appointed place of duty, sleeping on watch,
possession of alcoholic beverages in quarters, five periods of
unauthorized absence (UA)
threat, two specifications of disrespect, failure to obey a
lawful order, two specifications of disobedience, and failure to
go to his appointed place of duty.
totalling seven days, communicating a
e.
Petitioner, after undergoing a series of mental health
evaluations due to his multiple disciplinary problems, was
diagnosed with an inadequate personality with a schizoid thought
process.
Nevertheless, Petitioner was found to be responsible
for his misconduct, and as such he was recommended for an
administrative separation.
f.
On 15 July 1980 Petitioner received an other than
honorable discharge by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
9.
On 5 September 1980, shortly after Petitioner's discharge,
he was hospitalized for psychotic symptoms, and was subsequently
diagnosed with paranoid schizophrenia and pharmacotherapy.
h.
Attached to enclosure (1) is an advisory opinion (AO) from
the Mental Heath Services, Naval Medical Center, which recommends
Petitioner request be granted.
The psychiatrists concluded, in
part, that after review of the record and mental health
evaluations, Petitioner's diagnosed schizophrenia was a
significant factor in the misconduct that led to his discharge,
and Petitioner's characterization of service should be
reconsidered.
A0 stated, in part, as follows:
The
.
.
. there is sufficient evidence to reconsider the original
.
diagnosis of a personality disorder, an to consider that
Subject was manifesting symptoms of prodromal schizophrenia at
the time of his pattern of misconduct.
normally involve a pattern of misconduct, but the combination
of diminished performance,
odd perceptions and behavior, and
paranoia was likely a significant factor, and limited his
ability to conform to military standards and
the diagnosed of prodromal schizophrenia been evident at the
time of initial deliberation,
considered a mitigating factor in determining the nature of
the Subject discharge.
it likely would have been
counselling.
This disorder does not
Had
2
CONCLUSION:
Upon review and consideration of all the evidence of record,
Board concludes that Petitioner's request warrants favorable
action.
the
The Board's conclusion is based on Petitioner's youth and
immaturity, limited education, and the nature of his misconduct.
The Board does not condone Petitioner's misconduct, but agrees
with the
schizophrenia and pharmacotherapy shows Petitioner was in the
prodromal phase of schizophrenia during the time of his service.
In this regard, the Board concludes that Petitioner's paranoid
schizophrenia is an extenuating factor in his misconduct.
A0 that the documented diagnosis of paranoid
the Board concludes that no useful
Based on the foregoing,
purpose is served by continuing to characterize Petitioner's
service as having been under other than honorable conditions, and
that recharacterization to a general discharge, as a matter of
clemency, is now appropriate.
In view of the foregoing,
injustice warranting the following corrective action.
the Board finds the existence of an
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show that
he was issued a general discharge on 15 July 1980 vice the other
than honorable discharge actually issued on that same day.
b.
That this Report of Proceedings be filed in Petitioner's
naval record.
C .
That the Department of Veterans Affairs be informed upon
request that Petitioner's application was received by the Board
on 22 May 2001.
4. It is certified that a quorum was present at the Board's
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D.
Recorder
ZSALMAN
&g$
ALANYE. GOLDSMI
Acting Recorder
3
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 Regulation, 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.
4
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