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NAVY | DRB | 1999_Navy | ND99-00706
Original file (ND99-00706.rtf) Auto-classification: Denied


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

ex-ABEAN, USN
Docket No. ND99-00706

Applicant’s Request
The application for discharge review, received 990503, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000201. 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. While in the U.S. Navy stationed on the USS NIMITZ, during Desert Shield/Storm, my wife at the time notified my command and told the ship I was suicidal. At which, then or now, have I ever or even thought about doing anything stupid to hurt myself or my career in the United States Navy.

 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                        000000 - 000000  HON
         Inactive: USNR (DEP)     871008 - 880918  COG

 Period of Service Under Review :
Date of Enlistment: 880919               Date of Discharge: 900901

 Length of Service (years, months, days):

         Active: 01 11 13
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 12                        AFQT: 34

 Highest Rate: ABEAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.40 (2)    Behavior: 1.90 (2)                OTA: 2.40

 Military Decorations: None

 Unit/Campaign/Service Awards: None

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 :

890719   NJP for violation of UCMJ, Article 121: wrongful appropriation of $7.25 in U.S. currency from a shipmate, 4 July 89.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 10 days, reduction to E-2. No indication of appeal in the record.

890720:  Counseling: Advised of deficiency (involvement with civil authorities), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900814:  Medical officer statement, something close to the following: Applicant diagnosed with suicidal ideation. Pt. is discontent with Division LCPO, possibility of being killed in I.O., family separation and not being recommended for E-4. Pt reports he has thought about “throwing himself off the fantail and swimming for a phone”. He reports multiple episodes of low risk, xxxxxx suicidal gestures in past. He reports family chaotic relationship with his wife of 2 yrs (who may be pregnant).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.
                  DSM III – R Axis I – Alcohol abuser – in remission
                  Axis II – Borderline personality – xxxxxx
                  Axis III – 0
                           Axis IV – stress xxx xxxx
                  Axis V – 75/100 now and xxx xxxx xxx


                                    DISCHARGE PACKET INCOMPLETE

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 900901 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 diagnosis by a competent military medical authority did qualify the applicant for discharge by reason of convenience of the government on the basis of a personality disorder. The mere presence of a personality disorder is not a bar to Naval Service. Members may be separated for personality disorders provided (1) a medical diagnosis is made by competent military medical authority which concludes that member's disorder is of such severity as to render the member incapable of serving adequately in the Naval Service; (2) there is documented interference with performance of duty; and (3) counseling in accordance with paragraph 4 of NAVMILPERSMAN, Article 3620200 is completed. The only exception is in cases, such as the applicant’s, where the military medical authority has evaluated the member as being self-destructive and/or a continuing danger to him or herself and others. In these cases, immediate processing for administrative separation may be initiated. The applicant was qualified for separation due to a personality disorder and the applicant’s service record supports a under honorable conditions (general) discharge. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 11, effective
14 Jun 90 until 11 Oct 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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