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NAVY | DRB | 1998_Navy | ND98-01102
Original file (ND98-01102.rtf) Auto-classification: Approved


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

ex-SA, USNR
Docket No. ND98-01102

Applicant’s Request
The application for discharge review, received 980803, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing before the board in the Washington National Capital Region. The applicant listed the Veterans of Foreign Wars as his representative on the DD Form 293. The applicant failed to respond by the deadline date to a letter requiring the applicant to notify the Naval Discharge Review Board of intention to be present for the requested personal appearance hearing. Therefore, documentary discharge review was conducted.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000331. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an inequity, but no impropriety in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change to: HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I humbly ask that you review my discharge and allow me to explain my actions. I (applicant) was married to L_ M_ J_, who I’m now divorced from. While in the Navy I went though a horrific life experience. My wife did not understand why I couldn't be where she wanted me to be or when she wanted me there. My command was so harassed by her my Master Chief told me if I couldn't control my spouse that I would be held liable, to just divorce her. Even though after all of the extreme threats she made I still tried to make my marriage work, constantly going to the chaplain asking for his help. Her threats included “I’m going to leave you for someone else”, or” I’m going to kill your son and then myself", and even went as far as to leave my 3 month son at the time on the quarterdeck of the ship. I was embarrassed, upset, and desperate, but then my focus turned directly to my one and only son. I thought she was having a nervous breakdown, so I naturally feared for him. My commanding officer Captain H_ W_ went out of his way to provide emergency naval housing. For 2 months things seemed fine, but soon she started the same old routine. L_ would fight or reject anyone who would try to help us. It was really frustrating; she cursed the person from Navy Relief. I was so tired and exhausted from all of the abuse and humiliation, I acted hastily and what I didn't know at the time would probably effect me for the rest of my life. I said I felt like killing myself, Oh God! I wish I had never said that because it was never more far from the truth, I didn't mean that. I was married for the first time and had heard while on ship how a marriage would not last in the Navy. I was young and torn between my wife and my my real life. If I could go back and do it all over again I would definitely have chosen the latter. Everytime I see someone in uniform I think to myself that should be me! With all my heart and soul I want to be back in uniform, to correct the mistake I made 4 years ago. I wish I had a second chance. I want to stand for something; I want my 2 boys to look back at my life with pride and dignity. I respectfully and humbly ask that my service record is reviewed and I am evaluated for mental fitness and re-entry code. I ask you to please accept my deepest apology and I would be honored if any forgiveness were granted. I will gladly and anxiously accept any and all conditions. Very respectfully yours

2. I feel I suffer from a medical condition, which directly affected my performance on active duty. I am pending service-connection for that medical condition. My discharge should be "honorable" and the narrative reason should be "physical disability".

Renumbered:

 3. IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1), chapter 9, paragraph 9.3, Equity of Discharge, we ask the Board to consider the following medical and personal factors that directly impaired the applicant's ability to serve:

The applicant's marriage fell apart while he was in service. It is reasonable that this situation would create stress for someone without a personality disorder.

·The applicant was diagnosed with severe bipolar disorder. Reference SF 83, Report of Medical Examination.

·The applicant is seeking treatment for his condition and service connection with the Department of Veterans Affairs is currently pending.

The applicant's psychological problems, coupled with the stress of a bad marriage clearly inhibited his ability to serve. We ask the Board to consider his personality disorder as a reason for separation.

4. As a result, we ask the Board to consider the applicant's discharge IAW SECNAV Instruction 5420,174C of 22 August 1984 (MDR 1984), enclosure (1), chapter 9, paragraph 9.2, Propriety of Discharge.

The Veterans of Foreign Wars of the United States' express purpose in providing this statement, and any other submittals or opinions of record, is to aid the applicant in resolving any improprieties or inequities in the character and basis for discharge. After reviewing all available evidence, we ask the Board to resolve any doubt in favor of the applicant and to grant the action requested as entitled under Title 10 U.S.C., Section 1553.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

 None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)              930721 - 931003  COG

 Period of Service Under Review :
Date of Enlistment: 931004               Date of Discharge: 941221

 Length of Service (years, months, days):

         Active: 01 02 18
         Inactive: None

 Age at Entry: 21                          Years Contracted: 8

 Education Level: 12                        AFQT: 41

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                           Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

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 3620200.

 Chronological Listing of Significant Service Events :

940831:  Retention Warning: Advised of deficiency, notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. [Extracted from CO's letter dated 31 December 1994.] No further information found in service record.
941108:  Medical officer statement, something close to the following: Applicant diagnosed with a personality disorder not otherwise specified, severe. The psychiatrist recommended separation based on a personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service. Applicant was considered self-destructive and a continuing risk of harm to self or others.

941128:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of 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 as evidenced by medical record entry dated 05 November 1994.
941128:          Applicant advised of his 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.
941231:  Commanding officer directed discharge general (under honorable conditions) by reason of 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 941221 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 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 but inequitable (D and E).

In the applicant’s issues 1, 3 and 4, the Board took this into account and upgraded the applicant’s characterization to HONORABLE.

 In the applicant’s issue 2, the applicant requests that his discharge be upgraded to “honorable” and that the reason be changed to “physical disability. Under federal regulations, the Board cannot change the reason for discharge from or to a physical disability. Applicant may petition BCNR for that relief. The NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The applicant does not deny that he was suffering from a personality disorder at the time of his discharge from naval service. He was diagnosed by qualified medical officers as possessing a long-standing disorder of character and behavior which was of such severity as to interfere with serving adequately in the Navy. He was considered a continuing risk to do harm to himself or others. The applicant's DD Form 214, Block 28, Narrative Reason for Separation, indicates he was separated for a Personality Disorder. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason Separation would be inappropriate.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 23 Jun 96, Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 2 Oct 96, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT ON THE BASIS OF PERSONALITY DISORDER.

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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon St SE Rm 309
                  Washington, D.C. 20374-5023     


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