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NAVY | DRB | 1999_Navy | ND99-01164
Original file (ND99-01164.rtf) Auto-classification: Denied


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

ex-UTCN, USN
Docket No. ND99-01164

Applicant’s Request
The application for discharge review, received 990831, 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 000522. 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 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I (applicant) am requesting a change of discharge for a couple of reasons. I got out of the Navy on 96 SEPT 20. I know that I was supposing stay in service for a longer term. At the time that I was discharged out of the service there was several issues that was taking place. I was sent to Guam to be with my Battalion. As I were on Guam I started receiving Red Cross messages from my wife and her doctor requesting my presence at home? These messages were sent to me 1 st because they were diagnosing my wife (T_) with cancer. I then asked to be able to go home briefly to settle matters and be supportive. Then about a week later received another Red Cross message stating that I needed to come home. This one was because my wife (T_) was raped. While all this was occurring my stress level was rising because my command wouldn't let me leave. I fee that if I was able to go straighten things out at home I could've remained in the Navy. I was a good sailor and had received Good Conduct Medal but beings that my stress was so high and nothing was being done to help my family situation. I was discharged. This is the main reason I feel I should have an Honorable discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of applicant's DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     920623 - 930615  COG

 Period of Service Under Review :
Date of Enlistment: 930616               Date of Discharge: 960920

 Length of Service (years, months, days):

         Active: 03 03 05
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 60/54

 Highest Rate: UTCN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (2)    Behavior: 3.70 (2)                OTA: 3.80        4.0 eval
 Performance: 2.00 (1)    Behavior: 3.00 (1)                OTA: 2.83        5.0 eval

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, GCM

 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 3620200.

 Chronological Listing of Significant Service Events :

960903:  Medical officer statement: Applicant diagnosed with personality disorder NOS with borderline/dependent traits and ETOH dependence. 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.

960907:  Applicant offered in-patient at a Level III treatment facility due to alcohol dependency. Election to accept or refuse treatment not selected.

960907:  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.
960907:          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.
960909:  Commanding officer recommended 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. Commanding officer’s comments (verbatim): UTCN (applicant) has no potential for further naval service. On 28 August 1996, UTCN (applicant) presented himself to the Battalion Medical Officer, indicating that he could no longer handle battalion life and was having suicidal ideations. UTCN (applicant) was immediately referred to the Mental Health Clinic, Naval Hospital, Guam. Upon evaluation at the Mental Health Clinic, UTCN (applicant) was admitted to he hospital for in-patient care and observation and was released on 3 September 1996. Upon released UTCN (applicant's) doctor recommended expeditious administrative separation as he determined that UTCN (applicant) is a risk to self-harm. Upon review of the mental health evaluation, I determined that UTCN (applicant) meets the standards for immediate administrative separation processing in accordance with reference (a). UTCN (applicant) was officially notified on 7 September 1996 that he was being processed for administrative separation by reason of convenience of the government on the basis of personality disorder and he waived his right to General Courts-Martial Convening Authority review. Therefore, under the authority granted by references (a) and (b), I approved his separation form the naval service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960920 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 and B). The Board presumed regularity in the conduct of governmental affairs (C). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).

In the applicant’s issue 1, the Board determined this issue is without merit. The applicant claims he was discharged as a result of induced stress, brought on because his command refused to let him go home to support his wife, after she was diagnosed with cancer and following a rape. There is no documentation in the applicant’s record to support this claim. The applicant’s record shows he was diagnosed with a personality disorder and alcohol dependence. The applicant was considered self-destructive and a risk to harm himself and others. There is evidence that his wife left him and he had financial problems. He considered suicide and stated, during a medical evaluation, that “he waited with a bowie knife for the man his wife spent the night with, meaning to kill him, if he brought her home.” He was discharged with a General for Convenience of the government based on his personality disorder. He was offered treatment but did not accept. The discharge was proper and equitable. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 13, effective 24 June 1996 until 02 Oct 1996), Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT

B. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 2 Oct 96), Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT ON THE BASIS OF PERSONALITY DISORDER

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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