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NAVY | DRB | 1999_Navy | ND99-00024
Original file (ND99-00024.rtf) Auto-classification: Denied


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

ex-RMSN, USN
Docket No. ND99-00024

Applicant’s Request
The application for discharge review, received 980930, requested that the characterization of service on the discharge be changed to Honorable. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 990927. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned there was no impropriety but there was inequity in the characterization of the applicant’s discharge. The Board’s vote was unanimous that the character of the discharge shall be changed to: HONORABLE /Other physical/mental conditions, not a disability interfering with performance of duty - Somnambulism, authority: NAVMILPERSMAN, Article 3620200.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. “I, as a member in good standing, was discharged on Dec 04, 1992 from the United States Navy. This discharge was at the convenience of the government due to unforeseen medical diagnosis conclusions (somnambulism). Thus, I was released from service after 2 years 3 months 8 days of exemplary service to the United States. The majority of this service was during a heightened level of readiness (Persian Gulf conflict), of which I was an active and decorated participant. At the time of the discharge the type was characterized as "under honorable conditions". I submit to this Board, if there are no service member related negative conditions and that this discharge was enacted for the "convenience of the government" for a pre-existing medical condition, to respectfully consider the upgrading of this discharge to "honorable".”

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     900319 - 900826  COG

 Period of Service Under Review :
Date of Enlistment: 900827               Date of Discharge: 921204

 Length of Service (years, months, days):

         Active: 02 03 08
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 74

 Highest Rate: RMSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.4 (2)     Behavior: 3.5 (3)                 OTA: 3.38

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SWAM(w/Campaign Star), SSDR

Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions, not a disability interfering with performance of duty - Somnambulism, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

920721:  Medical Eval, USS DE WERT: 20 year old white male to sickbay with chief complaint "sleepwalking" on several occasions since reporting aboard ship on 10 Apr 91. Pt states he has woken up in various places inside berthing area and has been told by shipmates that he was seen sleepwalking. Pt recalls several episodes of same as a child but "I thought that I had stopped." Denies other sleep difficulty. No problems with personal/social life. Does complain of increased job pressure. No further complains.
         Assessment: Rule out Somnambulism
         Plan: (1) Pt instructed to obtain statements from at least 3 crewmembers who have seen him sleepwalking. 92) consult to Psych for eval.

920731:  Statement from STG1 B_ C. S_ witnessing applicant's sleepwalking. Additional statements witnessing applicant's sleepwalking was provided by EN2 H_, GSE3 D_, and QM2 J_ W_.
920903:  Psychiatry Eval: 20 year old with somnambulism. Pt also has a history significant for one episode of apparent syncope at age 14 with a concern at the time about seizures, positive history of seizure disorder. Neuro exam is remarkable for a number of findings of questionable significance (i.e. mild dysprorody, ptoes, tremor in dominant hand on F ∏ N testing). Rule out seizure disorder and/or structural CNS pathology in light of above. Pt is not fit for full duty but is fit for limited duty or shore.
         Plan: (1) sleep deprived EEG, (2) brain MRI, (3) in light of no sleepwalking times at least two months, no treatment indicated at this time. (4) Discussed above test with neurologist who concurs routine opthal eval (6) Return to clinic in 3 weeks after completion of above noted evals; If evals are normal and no new history is presented then suggest ship proceed with admin separation per the instruction. (7) Pt should be taken off ship per LimDu board recommendations - will write Board.

920908:  Limited Duty Medical Board Report: Diagnosis - (1) Somnambulism
(2) Rule out Partial complex Seizure Disorder. 6 months limited duty recommendation.
921007:  NAVHOSP Charlestion: Pt presents for scheduled follow up. No known sleepwalking episodes since last follow up. No new neuro symptom, no depressive symptoms, no suicidal ideation, no homicidal ideation, no evidence of psychosis. Brain MRI - normal limits, EEG - normal limits.
         Assessment: Somnambulism. No evidence of seizure disorder and no evidence of CNS structural abnormality. Pt is not fit for full duty and should be admin separated by his command. He should remain ashore until admin separated.
         Plan: (1) Admin separate by command, (2) return pt to full duty for admin purposes, (3) patient returns as necessary.
921112:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of convenience of the government due to somnambulism.
921112:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights. Applicant did not object to the separation.

930106:  Commanding officer advised BUPERS that applicant was discharged on 4 December 1992 under honorable conditions (general) by reason of convenience of the government due to somnambulism. Commanding officer’s comments (verbatim): "RMSN (Applicant) is being separated by reason of convenience of the Government due to somnambulism as evidenced by documented statements from military members and a psychiatric evaluation. Through a psychiatric evaluation, RMSN (Applicant) disclosed his previous episodes of sleepwalking as a child. Further psychiatric evaluations document that RMSN (Applicant) is unfit for full duty and unable to perform world wide duty. Pursuant to the clinical recommendation as document in enclosure (5), this separation is the appropriate action in the best interest of the navy and RMSN (Applicant).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 921204 under Honorable conditions (General) for Convenience of the Government due to Somnambulism (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 but inequitable (C and D).

In the applicant’s issue 1, the Board discerned this issue was justified. The applicant had no previous NJP’s, no pending disciplinary actions and an overall evaluation grade point average of 3.38. Relief granted.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 AUG 91 until 04 Mar 93, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

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 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 Street SE Rm 309
                  Washington, D.C. 20374-5023     

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