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NAVY | DRB | 1999_Navy | ND99-00946
Original file (ND99-00946.rtf) Auto-classification: Denied


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




ex-STGSA, USN
Docket No. ND99-00946

Applicant’s Request

The application for discharge review, received 990701, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 000411. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB found the applicant improperly discharged. The Board’s vote was unanimous that the character of the discharge shall change. The discharge shall change to read: GENERAL UNDER HONORABLE CONDITIONS/SECRETARIAL AUTHORITY; Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 until Present, Article 1910-164 (formerly 3630900), Separation by Reason of Best Interest of the Service (BIOTS).
        

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. Thank you for considering why I feel and know my discharge was inequitable. Prior to my enlistment I was a stable law abiding citizen. After boot camp I felt sick, lethargic and irrational. I believe, with no disrespect intended, I had an adverse chemical reaction to the numerous immunizations I received. I also thought/believed my heart had been effected. While on active duty I experienced chest pain and when I informed the nearest chain of command STGSC S_, of my situation he didn't believe me. After ten minutes of being ignored and begging for an ambulance I couldn't think straight or act according to military protocol I do know what I said out of self preservation, "I don't respect you sir you should help me!" I finally got the medical attention I needed. Thankfully not to late.

In summary, I was grossly misquoted from that incident and wrongfully punished. Not one person in my chain of command expressed concern for my welfare. I joined the navy because I am a Patriot and I am truly sorry I did not adapt to the military. Please do this.

Documentation

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

Copy of DD Form 214 (3 copies)
Copy of notification procedure letter signed 13 April 1998
Copy of narrative summary dated 15 April 1998 with attachments
Copy of authority to discharge applicant dated April 13, 1998
Copy of administrative counseling/warning dated 4 March 1998
Statement from applicant dated January 4, 2000
Letter to applicant from Senior Program Director dated August 16 1999


PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Active: None
         Inactive: USNR (DEP)     970528 - 970923  COG

Period of Service Under Review :

Date of Enlistment: 970924               Date of Discharge: 980415

Length of Service (years, months, days):

         Active: 00 06 22
         Inactive: None

Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 79

Highest Rate: STGSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: NMF                           Behavior: NMF             OTA: NMF

Military Decorations: None

Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

UNCHARACTERIZED/ENTRY LEVEL PERFORMANCE AND CONDUCT; authority: NAVMILPERSMAN, Article 1910-154 (formerly 3630200).

Chronological Listing of Significant Service Events :

980302:  Mental Health Clinic: Diagnostic Impression: Axis I. 1. Deferred. Axis II. 1. Deferred. Axis III. 1. Chest pain, irregular heart beat. 2. Diarrhea. Axis IV. Problems with primary support - dysfunctional family of origin; problems related to the social environment - death of grandfather, difficulty with acculturation; occupational problems - job dissatisfaction; problems with access to health care services - impatience with medical evaluation. Axis V. GAF = 51 (in past 3 months).

980304:  Retention Warning: Applicant advised of deficiency in conduct evidenced by not adapting well to the military environment, although you have been found to be psychologically fit, suitable, and responsible for your actions pending further testing. Corrective actions identified. Sources of assistance included. Advised: further deficiencies may result in disciplinary action and administrative separation. All deficiencies during current enlistment will be considered. Subsequent violations of the UCMJ or conduct resulting in civilian conviction could result in separation under other than honorable conditions. Receipt acknowledged.

980313:  Mental Health Unit: Diagnostic Impression: Axis I. 1. Adjustment disorder with anxiety. 2. R/O panic disorder without agoraphobia. Axis II. 1. Personality disorder, NOS, with histrionic, schizotypal, and obsessive-compulsive features. Axis III: 1. Chest pain, irregular heart beat. 2. Diarrhea. Axis IV. Problems with primary support system - dysfunctional family of origin; problems related to the social environment - death of grandfather, difficulty with acculturation; occupational problems - job dissatisfaction; problems with access to health care services - impatience with medical evaluation. Axis V. GAF = 50 (in past 3 months).

980319:  Mental Health Unit: Diagnostic Impression: Axis I. 1. Adjustment disorder with anxiety, severe. 2. Panic disorder without agoraphobia. Axis II. 1. Personality disorder, NOS, with histrionic, schizotypal, and obsessive-compulsive features. Axis III: 1. Chest pain, irregular heart beat. 2. Diarrhea. Axis IV. Problems with primary support system - dysfunctional family of origin; problems related to the social environment - death of grandfather, difficulty with acculturation; occupational problems - job dissatisfaction; problems with access to health care services - impatience with medical evaluation. Axis V. GAF = 50 (in past 3 months).

980327:  Mental Health Unit: Diagnostic Impression: Axis I. 1. Adjustment disorder with anxiety, severe. 2. Panic disorder without agoraphobia. Axis II. 1. Personality disorder, NOS, with histrionic, schizotypal, and obsessive-compulsive features. Axis III: 1. Chest pain, irregular heart beat. 2. Diarrhea. Axis IV. Problems with primary support system - dysfunctional family of origin; problems related to the social environment - death of grandfather, difficulty with acculturation; occupational problems - job dissatisfaction; problems with access to health care services - impatience with medical evaluation. Axis V. GAF = 50 (in past 3 months).

980408:  Mental Health Unit: Diagnostic Impression: Axis I. 1. Adjustment disorder with anxiety, severe. 2. Panic disorder without agoraphobia. Axis II. 1. Personality disorder, NOS, with histrionic, schizotypal, and obsessive-compulsive features, severe. Axis III: 1. Chest pain, irregular heart beat. 2. Diarrhea. Axis IV. Problems with primary support system - dysfunctional family of origin; problems related to the social environment - death of grandfather, difficulty with acculturation; occupational problems - job dissatisfaction; problems with access to health care services - impatience with medical evaluation. Axis V. GAF = 50 (in past 3 months).

980410:  NJP for violation of UCMJ, Article 91: Disrespectful in language and deportment to STGCS on 19Mar98 by saying to him "he was full of shit and fucked up and would pay for this, and waved his hand and pointed one of his fingers at STGCS.
         Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 14 days. No indication of appeal in the record.

980412:  NAVMEDCEN, San Diego, CA (Dept of Psychiatry): This is first NMCSD psychiatric admission for this 22 year old active duty male, with 6 months of continuous active duty.
         Diagnostic Assessment: Axis I: (309.28) Adjustment disorder with Mixed Anxiety and Depressed Mood. Axis II: (301.9) Personality Disorder Not Otherwise Specified, with Narcissistic and Histrionic Personality Features. Axis III: None.
         Plan and Recommendation: The Pt is neither suicidal nor homicidal.
         Pt does not need medications at this time. Pt is in need of outpatient care, which will be provided by Mental Health Unit. Instructions to Pt - use alternative coping skills, regular exercise, returned to EMD if severe problems occur. Admin separation is recommended due to Personality disorder, NOS. Member unsuitable for military service. Performance should be documented via page 13 service record entries. Although not an immediate danger, he is judged to be a continuous risk to do harm to himself or orders. Immediate separation is felt to be in the best interest of both the pt and the Navy.
Discharged from facility on 15 April 1998.

980413:  Applicant notified of intended recommendation for discharge by reason of entry level performance and conduct - failure to adapt to the Military environment. Advised least favorable characterization of service would be general (under honorable conditions).

980413:          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.

980413:  Commanding Officer, Fleet Anti-Submarine Warfare Training Center, San Diego directed the applicant's be discharged with an uncharacterized discharge by reason of entry level performance and conduct.

980415:  Psychiatric narrative summary: Diagnostic Assessment: Axis I: Adjustment disorder with mixed anxiety and depressed mood. Axis II: Personality disorder not otherwise specified, with narcissistic and histrionic personality features.

980715:  CO, FLEASWTRACEN, San Diego advised BUPERS that applicant was discharged on 13 March 1998 [DD 214 states discharge date of 15 Apr 98] with an uncharacterized discharge by reason of entry level performance and conduct - failure to adapt to the military environment. Commanding officer’s comments (verbatim): "SA (Applicant) was diagnosed with a personality disorder that renders him unfit for further military service. I have, therefore, separated him from the Navy."



PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980415 with an uncharacterized service by reason of entry level performance and conduct (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 improper and inequitable (C and D). The applicant’s discharge shall change to General Under Honorable Conditions/ Secretarial Authority (E).

The NDRB found that the applicant’s discharge was improper based on the applicant’s length of service at time of processing being greater than 180 days. His discharge shall be changed to General Under Honorable Conditions/ Secretarial Authority. The applicant’s documented misconduct on active duty preclude an upgrade to Honorable.

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. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until PRESENT, Article 1910-154 (Previously 3630200), Separation by Reason of Entry Level Performance and Conduct.

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.


E. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 until Present, Article 1910-164 (formerly 3630900), Separation by Reason of Best Interest of the Service (BIOTS).


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     




RECORD OF VOTE

BOARD MEMBER                       CHARACTER                 BASIS/REASON







D.L. STOVER-KENDRICK              Relief warranted                  Relief warranted
COL, USMCR, President






W. BURKE, CDR, USN                Relief warranted                  Relief warranted
Member






L.J. NEVEL, LT, USN               Relief warranted                  Relief warranted
Member






J.L. HILTON, LT, USN              Relief warranted                  Relief warranted
Member






C. BUCHHEISTER, LCDR, USN        Relief warranted                  Relief warranted
Recorder


A. The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until PRESENT, Article 1910-154 (Previously 3630200), Separation by Reason of Entry Level Performance and Conduct, states: ______________________________________________________________

Responsible BUPERS (Pers-83) Phone: DSN 224-8245
Office                                                                           COM 703) 614-8245
                                                                                 FAX 224-8194
______________________________________________________________
Policy Members may be separated for entry level performance and conduct
when:
in an entry level status (i.e., within first 180 days of continuous active duty
on the date of notification of administrative separation processing), and

•         it is determined that members are unqualified for further naval service by reason of unsatisfactory performance and conduct as evidenced by incapability, lack of reasonable effort, failure to adapt to the naval environment, or minor disciplinary infractions; and

•         have violated a NAVPERS 1070/613, Administrative Remarks,
counseling/warning which specifically addresses the individual's unsatisfactory performance and/or conduct (MILPERSMAN 1910-204). A member must have violated a NAVPERS 1070/613 warning prior to processing for separation under this category.
______________________________________________________________

Separation The Notice of Notification Procedure (MILPERSMAN 1910-402) Procedures shall be used to process the member for separation.
______________________________________________________________

Characterization The description of separation shall always be a Entry Level
of Separation Separation (ELS). MILPERSMAN 1910-308 provides further
guidance.
______________________________________________________________


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