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NAVY | DRB | 1999_Navy | ND99-00038
Original file (ND99-00038.rtf) Auto-classification: Denied


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

ex-SA(SS) , USN
Docket No. ND99-00038

Applicant’s Request
The application for discharge review, received 981006, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 990927. After a thorough review of the records, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. Every decision that was made upon my entering the military at 17 years old my volunteering for the submarine force and ending with my decision to try to maintain my sanity at that period and getting out of the military was done solely by myself. I did not have anyone to truly confide in with any of these decisions (my mother did at times offer words but she was more or less standoffish) so all through this short life of mine I've been navigating to the best of my ability. I have not made the best decisions all the time but I have learned from every one of them. The military (Navy) was great for me. I am proud to have served in the Navy and on a fast attack submarine. I simply ran into unchartered territory and could not find my way out. I'm asking that someone would see fit to understand and grant an upgrade! (Honorable)(Godspeed)


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     861114 - 900102  COG

 Period of Service Under Review :
Date of Enlistment: 870803               Date of Discharge: 900102

 Length of Service (years, months, days):

         Active: 02 05 00
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 53

 Highest Rate: YNSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (1)    Behavior: 2.30 (2)                OTA: 3.10

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NEM

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

890120:  NJP for violation of UCMJ, No further information found in service record.
         Award: Restriction for 30 days. No indication of appeal in the record.
890606:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 107: False official statement.
         Award: Correctional custody for 30 days. Confinement deferred until 11 July 1989 due to unavailability of space at CCU and awaiting results of appeal of NJP.
890720:  Retention Warning: Advised of deficiency (You were awarded Commanding Officer Non-Judicial Punishment for being on unauthorized absence and false official statement.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
890804:  Applicant advised that confinement has been mitigated to restriction to the confines of USS GURNARD (SSN 662). Restriction will end on 10 August 1989.

891126:  NJP for violation of UCMJ, Article 86: Unauthorized absence less than 24 hours.
         Award: Forfeiture of 1/2 pay per month for 2 months, restriction and extra duty for 25 days, reduction to E-2. Forfeiture and reduction suspended for 2 months. No indication of appeal in the record.
891127:  Medical officer statement, something close to the following: Applicant diagnosed with Axis I: Alcohol abuse, cannabis abuse, cocaine abuse, adjustment disorder with MEF - resolved, Axis II: Antisocial personality disorder. 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.

891222:  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.
891222:          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.
891222:  Commander, Submarine Squadron Three 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 900102 under honorable conditions (general) 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, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).

In response to applicant’s issue 1, the Board, after reviewing the applicant’s service record, does not feel an upgrade should be granted. The applicant received non-judicial punishment on three separate occasions prior to being diagnosed with a personality disorder and could have been processed for a pattern of misconduct.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 9, effective
14 Dec 89 until 13 Jun 90, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.
B . NAVOP 013/87 (CNO 201614ZFEB87) Delegated authority to Special Court-Martial Convening Authorities (SPCMCA's) to administratively separate enlisted members in certain circumstances. Authority was delegated for separation of enlisted members with Honorable, General, or Entry Level discharges for the following reasons where member does not object to the separation.

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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