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NAVY | DRB | 2000_Navy | ND00-00725
Original file (ND00-00725.rtf) Auto-classification: Denied


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

ex-ENFN, USNR(TAR)
Docket No. ND00-00725

Applicant’s Request
The application for discharge review, received 000516, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001214. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an inequity, but no impropriety in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change to: HONORABLE/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 3620200.

The NDRB did note an administrative error on the original DD Form 214. Block 12c, Net Active Service This Period, should read: "01 02 29" vice "01 02 18", Block 25, Separation Authority, should read: "MPM 3620200" vice "MPM 3610100", and Block 28, Narrative Reason for Separation, should read: “CONDITION, NOT A DISABILITY” vice “A CONDITION NOT A PHYSICAL DISABILITY WHICH INTERFERES WITH PERFORMANCE OF DUTY”. The original DD Form 214 should be corrected or reissued as appropriate.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)
1. My reason for discharge was not something that I did wrong. I was turned in by a U.S. Marine for sleepwalking. They proceeded to ask in my Dept of anyone who - had ever seen me do such. There were several people who had seen me do things. This matter is keeping me from my benefits. I was told that my discharge was honorable on my ship and that my benefits would be available. Thank You.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
BCNR's ltr to Applicant dated Feb 23, 2000 advising applicant to petition NDRB

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 951019               Date of Discharge: 970317

 Length of Service (years, months, days):

         Active: 01 02 29
         Inactive: 00 02 00

 Age at Entry: 20                          Years Contracted: 8

 Education Level: 12                        AFQT: 40

 Highest Rate: ENFN

 Final Enlisted Performance Evaluation Averages (number of marks):
NMA

Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 3620200. [Administratively corrected.]

 Chronological Listing of Significant Service Events :

951219:  Reported to 48 months of active duty under the TAR Program.

960926:  Reported to USS LA MOURE COUNTY (LST 1194) for duty.

 961125:  Cpl R_ T. B_, USMC, eye witness statement to sleepwalking.

961210:  Medical Eval: 21 year old male complains of three episodes of "sleepwalking" since 8 Oct 96. Pt referred by IDC from ship.
         Assessment: Somnambulism by history.
         Plan: Recommend administrative separation

961228:  Naval Hospital Portsmouth, Pulmonary Clinic: 21 year old with complaint of two episodes of possible somnambulism. No previous history of condition, no mention of condition prior to entry into service. No complaints of talking in sleep, no complaint of snoring. Pt has voiced concern over personnel safety while in underway status. Has discharged problem with Chaplin. Chain of command is aware of condition. No loss of sleep, appetite, or weight.
         Impression: Sleepwalking. This is considered within the realm of normal behavior, but, if frequent or problematic, incompatible with naval service. It can be decreased by increasing sleep time. Since it has happened only twice, I would give him a chance at controlling it rather than doing an administrative separation now.

970124:  Eye witness statements to sleepwalking from ENFN C_ O. S_, USN, T_ EN2 W. M_, USN and EN2(SW) D_ T. M_, USN.

970305:  Applicant notified of intended recommendation for discharge by reason of Convenience of the Government - Other Physical or Mental Conditions diagnosed as somnambulism (sleepwalking) by two medical evaluation. Notification letter stated if separation is approved, it will result in other form of separation (Honorable discharge) and the least favorable characterization of service in your case is General (under honorable conditions).
970305:  Applicant advised of his rights and having consulted 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.

 970320:  CO, USS LA MOURE COUNTY advised BUPERS that applicant was discharged with honorable conditions by reason of Convenience of the Government due to Other Physical or Mental Conditions diagnosed as somnambulism (sleepwalking) by two medical evaluations.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970317 with a general (under honorable conditions) for convenience of the Government due to a condition, not a physical disability which interferes with performance of duty - somnambulism (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 proper but inequitable (C and D).

In the applicant’s issue 1, the Board found that the applicant’s discharge was directed by the CO on 970320 with “honorable conditions.” The Board also found that the applicant had no misconduct in his service record, to include counselings or retention warnings. The applicant was diagnosed with somnambulism and separated accordingly. The Board therefore voted that the applicant’s characterization be changed to HONORABLE based on the applicant’s service record and other evidence presented to the NDRB. Full relief is warranted.

 Pertinent Regulation/Law (at time of discharge)

 A The Naval Military Personnel Manual, (NAVPERS 15560C, Change 14, effective
03 Oct 96 until 11 Dec 97), Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - OTHER PHYSICAL OR MENTAL CONDITIONS .

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 view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.af.mil ".

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
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      



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