DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4475-08
6 February 2009
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
Ref: (a) 10 U.S.C. 1552
Encl: (1) Case Summary
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy, applied to this Board
requesting a general discharge vice the other than honorable
(OTH) discharge that was issued on 23 August 1988.
2. The Board, consisting of Ms. ee vi. Ue 3
Mr. S@ROMMF! ceviewed Petitioner's allegations of error and
injustice on 4 February 2009, 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 Petitioner’s application was not filed ina
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its
merits.
c. On 17 November 1986, Petitioner enlisted in the Navy at
age 28. On 31 March 1988, she was in an unauthorized absence
(UA) status during the morning and received a psychiatric
evaluation on that same day as a result of a suicidal gesture.
The evaluation diagnosed her as having a mixed personality
disorder, found her fit for duty, but unsuitable for handling
weapons. She received psychiatric treatment during April 1988,
for the diagnosed personality disorder as well as for an
adjustment disorder. At that time, she was advised to continue
her participation in psychiatric treatment and coping groups.
d. On 13 and 25 May 1988, Petitioner had nonjudicial
punishment (NJP) for a day of UA and failure to obey a lawful
order. Suspended punishment from the NJP dated 13 May 1988 was
also vacated. On 25 May 1988, she was counseled regarding her
offenses and personality disorder, and warned that further
infractions could result in disciplinary action or an OTH
discharge. On 31 May 1988, she had NUP for disobedience of a
lawful order.
e. On 1 June 1988, Petitioner's commanding officer initiated
administrative separation by reason of misconduct due to a
pattern of misconduct. In connection with this processing, she
acknowledged that separation could result in an OTH discharge
and waived the right to have her case heard by an
administrative discharge board (ADB). On 11 August 1988, the
separation authority approved the recommendation and directed
an OTH discharge by reason of misconduct due to a pattern of
misconduct. On 23 August 1988, she was so discharged. At that
time her overall trait and military behavior mark averages were
2.9 and 2.8, respectively.
f. Petitioner states in essence that she had personal
problems during her time in the Navy and made poor decisions.
She further states that she has suffered from depression
throughout her life and has been an asset to the service
through her support of her military spouse and his commands
during the past 20 years.
g. Regulations authorize issuance of an OTH or general
discharge for members discharged by reason of misconduct due to
a pattern of misconduct. Regulations also authorize a
convenience of the government discharge due to a personality
disorder for members who are diagnosed with a personality
disorder and are found unsuitable for further service.
Characterization of service for members who are discharged by
reason of convenience of the government is determined as
warranted by their service record and may result in no less
than a general characterization of service.
CONCLUSION:
Upon review and consideration of all the evidence of record,
the Board concludes that Petitioner's request warrants relief.
Specifically, the Board notes that her discharge by reason of
misconduct due to a pattern of misconduct met the requirements
established by regulations, but finds that she should have been
discharged by reason of convenience of the government due to a
personality disorder. In this regard, a suicidal gesture was
documented and she was diagnosed as having a mixed personality
disorder and an adjustment disorder, and found unsuitable to
handle weapons well before she had NUP. Although the
psychiatric evaluation stated that she was fit for some duty,
the Board believes that given her suicidal gesture and
unsuitability to handle weapons, she was unsuitable for further
service. Given her disciplinary actions and overall trait and
behavior mark averages, the Board finds that her service
warranted a general characterization of service. Therefore,
the Board concludes that her discharge should be changed to
general by reason of convenience of the government due to a
personality disorder.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
she was separated with a general discharge on 23 August 1988,
vice the OTH discharge issued on that date.
b. That Petitioner's naval record be further corrected to
show that she was discharged by reason of convenience of the
government due to a personality disorder, vice by reason of
misconduct due to a pattern of misconduct.
c. That a copy of this Report of Proceedings be filed in
Petitioner’s naval record.
d. That upon request, the Department of Veterans Affairs be
informed that Petitioner's application was received by the
Board on 8 May 2008.
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 BRIAN J. GEORGE
Recorder 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.
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