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NAVY | DRB | 1999_Navy | ND99-00237
Original file (ND99-00237.rtf) Auto-classification: Denied


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

ex-DC3, USN
Docket No. ND99-00237

Applicant’s Request
The application for discharge review, received 981201, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to medical. The applicant requested a documentary record discharge review. The applicant did listed the Veterans of Foreign Wars as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000713. After a thorough review of the records, supporting documents, 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: GENERAL (UNDER HONORABLE CONDITIONS/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620225.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I would like to request my discharge be changed to a medical discharge, or Honorable discharge. I feel that my discharge was wrong all together. I had a lot of medical problems that with proper care they could all have been solved or at least treated for. My Chief Medical Chief thought that I was trying to get out of the Navy. I reenlisted for my second term prior to my second command. I wanted and still want to make the Navy my life. The choice to discharge me was made by my commanding officer. I never went in front of a medical board. I was never informed that I had that choice. I had no one to help me thru my quick discharge. We had no chief and my 1 st Class really wasn't there for us. All I ask is for a second chance to be back in the Navy. Like I said before I wanted to make the navy my life, and maybe even more. I ask you to look over my records, and let me explain all to you for that second chance to serve in the Navy again. Thank You.

SUBMITTED BY VFW:

1. IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosures (1), chapter 9, paragraph 9.3, Equity of Discharge, we ask the Board to consider the following factors:

•         The applicant was awarded the Southwest Asia Service Medal
•         The applicant's medical records contain treatment for a personality disorder and as referenced by his DD Form 214, this medically diagnosed disorder impaired his ability to serve.
•         The applicant asks for clemency and that he no longer suffer the stigma attached with the reason for his separation and discharge.
2. We ask the Board to consider the applicant's case IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1), chapter 9, paragraph 9.2, Propriety of Discharge.

 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: USN                        921118 - 960530  HON
         Inactive: USNR (DEP)     920421 - 921117  COG

 Period of Service Under Review :
Date of Enlistment: 960531               Date of Discharge: 970709

 Length of Service (years, months, days):

         Active: 01 01 09
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 12                        AFQT: 34

 Highest Rate: DC3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF
                 
Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, SASM

 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 3620225.

 Chronological Listing of Significant Service Events :

960531:  Reenlisted onboard USS CONSTELLATION for a term of four years.

960618:  USS MILIUS, Medical Department: 23 year old white male retained to sickbay by his LCPO with suicidal ideations of wanting to jump off the mast a one year ago. Denies having those thoughts at this time. States he is having personal problems at home with financial and with wife being pregnant and not wanting to go to a doctor. Has history of suicide thoughts and of trying to attempt with a knife 6 months ago. Is currently going through group therapy at NAVSTA with minimal success. Has been found fit for duty about all thoughts. Currently under no stress on ship and has stated he is doing much better with his job. His performance has improved. He occasionally has been found to get sick when he has duty. Member has no idea as to why he always thinks he has to commit suicide. He has stated he has though through with other options but always ends thinking about suicide. His thought process is not clever and he feels there is humor in this. Denies an alcohol or drug abuse. No NJP pending.
         Assessment: Personality Disorder
         Plan: Refer to Branch Medical Clinic Psych for eval. Escorted by MR1 F_.

960618:  Fleet Mental Health Unit, Branch Med Clinic, San Diego: Pt evaluated and released to USS MILIUS on 18JUN97.
Primary Diagnosis: Personality disorder NOS with Borderline, Narcissistic, and Histrionic Features
 Primary Recommendation: The member is not considered to be mentally ill, (no medically boardable condition), but manifests a long-standing disorder of character and behavior which is of such severity as to render this individual unsuitable for continued military service in the U.S. Navy. He does not presently require, and will not benefit from hospitalization. Short-term psychiatric treatment for this condition is of limited benefit, and long-term treatment is not available within the military. Although he currently denies suicidal intent, this member is judged to represent a risk to self or others if retained on active duty, especially in light of his recurrent suicidal ideations, plans and gesture. He is deemed fit to return to duty for immediate processing for administrative separation, which should be handled expeditiously in compliance with NAVMILPERS MANUAL, Chapter 36. It is also recommended that the not have access to any weapon, not operate government vehicles, work with classified materials, nor be involved in field work. The patient should be placed in a non-deployment status.
961009:  USS MILIUS, Med Dept: 23 year old male complains of frustrations over command denying his leave chit. States that he command is pushing him to a nervous breakdown. States he made suicidal comments due to frustration and would not and could not hurt himself. States comments were spontaneous and not thought through prior to making. He states he purchased a ticket to go home and will lose about $300. Does not understand why he can't go on leave. Member feels he can do nothing right in the eyes of his chain, does have pain in his abdomen and feels the command does not care. Member does not understand why he is placed in strait jacket in ward. Explained to individual that his is best for him. He states he sometimes feels his life is going no where. Member denies any suicidal or homicidal ideations at this time. Member stated appetite decreased but may be due to surgery. Member feels he will not damage any equipment or anybody, that all comments made were due…..(2nd page missing).

961009:  1850 USS MILIUS, Med Dept: 23 year old male voluntarily states that he really, really doesn't like himself right now. States he doesn't like this ship, the people on it or himself. States he has come to his conclusion that he is worthless and doesn't know anything. Says he's been feeling like this a while now. States that the "icing" on the situation was having been "confined" to medical. Says that they may as well just commit him to the mental ward. He's without a T.V., can't do anything, running low on his writing paper, and can't listen to his Walkman forever. States no homicidal ideations, states suicidal ideations. Says he has enough pill to overdoes on or even if he stops taking them is sure something will happen. Also states that about 1820 his was ready to tear up the DCC station but C_ walked in on him. States he just wanted to see things break. Also states that he feels as through he's been used as an Air force guinea pig. If he needed to go back to the hospital he refuses to go back.

970403:  Fleet Mental Health Unit, Naval Station, San Diego: This was second evaluation for this 23 year old, married Caucasian male with 4½ years continuous active duty, currently stationed aboard USS MILIUS. Referred for evaluation of situational problems getting along with the command. Member complains of high levels of stress related to work. He has begun to "bring the stress home". He reports decreasing frustration tolerance, with decreased motivation for work. He also reports serious financial debt mounting to an estimated 50 -60,000. Member reports attending stress management class 3-4 times. Member was hospitalized for suicidal gesture (cut self superficially) in the context of fiancée threatened to break engagement. Member reported staying "a few days" and participating in groups and individual follow up after discharge. No medication was required. Member reported that "getting thing off my chest" was most helpful. Member had a couple episodes of hyperventilation and hysterical behavior in record when stressed.
Diagnoses: AXIS I: Adjustment Disorder with Anxious and Depressed Mood. AXIS II: Histrionic, and Narcissistic, Borderline Traits.
Recommendation: Member is psychiatrically fit for full duty and responsible for his action. Member is strongly recommended to attend coping Group. Tuesdays 0830 - 1000. Further appointments may be scheduled as necessary.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970709 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). 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 and reason for discharge was proper and equitable (C and D).

The Board does not have the authority to change a discharge to a medical discharge as the applicant requests in issue 1. Therefore relief to change the reason to “Medical” is denied.

In response to the applicant/VFW issue of equity, the Board took into account the applicant’s entire service record, inclusive of his “Southwest Asia Service Medal” and his medical record. Although some items were missing from the applicant’s discharge package, the Board does not find enough evidence to upgrade the applicant to HONORABLE assuming regularity on the part of the government. An attempt was made to obtain the applicant’s enlisted performance evaluations from the member with no success. The Board will not grant relief based on this issue.

In addition, there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 1996 until 11 Dec 97, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER.

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

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