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NAVY | DRB | 2001_Navy | ND01-00083
Original file (ND01-00083.rtf) Auto-classification: Denied


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

ex-ETSN, USN
Docket No. ND01-00083

Applicant’s Request
The application for discharge review, received 001020, 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 010329. 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 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I feel it was unfair that I receive a general discharge for completely legitimate and honorable medical reasons for separation. If disapproved I would like to know your reasoning. Thank You [Applicant provided an explanation letter to the Board concerning the events that led to discharge.]

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's letter to the Board dtd Sep 18, 2000 (6 pages)
Copy of DD Form 214
 Performance information memo from DepDir, Nuclear Regional Maintenance Department dtd 07 Jan 99
Special request chit dtd 1 Feb 99; authorization for advancement to E-4 dtd 16 Feb 99
 Enlisted Qualification History Service Record page
Certificate of Appreciation, Homeless Shelter Support Volunteer
Police record check, Portland, OR, dtd Sep 19, 2000
Letter from spouse dtd 19 Sep 2000
4 Witness statements to Applicant's sleepwalking (includes ltr dtd Dec 4, 1999)
Military Medical Record pages (3 pages)
Certificate of Christian Orthodox Baptism and Chrismation dtd 22 Aug 98
Applicant's request for discharge due to sleepwalking dtd 6 Dec 99 with CO's reply

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     970116 - 970901  COG

 Period of Service Under Review :
Date of Enlistment: 970902               Date of Discharge: 000204

 Length of Service (years, months, days):

         Active: 02 05 03
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 80

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.0 (1)     Behavior: 1.0 (1)                 OTA: 1.33 (5.0 eval)

 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)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

 Chronological Listing of Significant Service Events :

991118:  Psychology Note: This 20 year old, single white male, with 2 years 2 months active duty and currently assigned to combat systems was self referred due to depressive symptoms.
         History: Pt reported dysphoric mood, intermittent insomnia, and increased physical ailments since "reporting on board" (July 99) which he attributed to dietary factors with working in the Navy. Pt stated that at PSD (previous command) he had "an easy job, lived out in town and had lots of fun." Pt admitted to actively searching out ways to be discharged from the Navy via the Chaplain and Legal Dept . Pt denied any suicidal/homicidal ideation or history of same. Pt has history of being treated with Ritalin between the ages of 7 and 8. No significant medical problems. Pt did not desire therapy, but strongly desired discharge from Navy.

991122:  USS ROOSEVELT, Sick Call: 20 year old male to sick call complains sleepwalking. Member states it was when he came into the Navy. Mbr has stated he made a statement and I HM3 F_ made a copy. Consult with HM2 C_, Mbr has been seen by Dr. C_.
         Assessment: ? sleepwalking.
         Plan: Return to full duty, educated pt that he needs statements from other that stated they they saw him sleepwalking, pt educated to follow up with HM2 C_ with further statements, HM2 C_ consulted, copy mbr statement and retained for Dr. C_.
000111:  Admitted for unusual behavior and vague suicidal ideation insistent of wanting out of USN. Pt has been dissatisfied with military service since enlistment. Pt also reports documented sleepwalking with statements by coworkers submitted to command. No evidence major mood disorder, no evidence psychosis, no suicidal/homicidal ideations.
         Diagnosis: Adjustment Disorder Mixed Disturbance Emotional & conduct, Personality Disorder, NOS, Borderline, Inability to adjust to USN. Follow-up Psychiatry Administrative Separation Support Group.
000119:  Medical Eval (Psychology Notes): Pt was escorted to medical by command due to occupational problem and suicidal statements. Pt had been admitted to psychiatric ward, NMCP on 10 Jan 00 and discharged on 13 Jan 00 with diagnosis of Personality Disorder, NOS and adjustment disorder. Pt was recommended for routine admin separation and OCIP.
 Diagnosis: (see Psychology Note dtd 14 Dec 99) for full history.
Axis I: 309.4 Adjustment disorder with mixed disturbance of emotional & conduct
Axis II - 301.9 Personality disorder, NOS, with borderline and narcissistic traits
Axis III - None
Recommendation: Expeditious Admin Separation for unsuitability strongly recommended……….While not imminently suicidal or homicidal , the service member is at risk to himself or others. Pt has follow up on 26 Jan 00 .

000119:  Retention Warning: Advised of deficiency (personality disorder, adjustment disorder, etc.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
000124:  NJP for violation of UCMJ, Article 86 (2 Specs): UA from unit; violation of UCMJ Article 91 (3 Specs): disobey lawful order.
         Award: Forfeiture of $617.00 per month for 1 month, restriction and extra duty for 30 days, reduction to E-3. No indication of appeal in the record.
000124:  Applicant notified of intended recommendation for discharge by reason of misconduct, commission of a serious offense and by reason of convenience of the government on the basis of a diagnosed personality disorder and the least favorable characterization of service possible is Under Other than Honorable Conditions.
000126:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
000208:  Commanding Officer, USS THEODORE ROOSEVELT advised CNPC that member was processed for misconduct due to commission of a serious offense and Convenience of the Government due to personality disorder and was discharged on 4 Feb 2000 with a 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000204 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 was proper and equitable (C and D).

 The applicant’s issue states: “I feel it was unfair that I receive a general discharge for completely legitimate and honorable medical reasons for separation. If disapproved I would like to know your reasoning. Thank You.” The applicant’s service record shows a personality disorder as well as documented misconduct (NJP for violation of Articles 86 and 91). Additionally, the applicant’s overall performance marks were 1.33 (on a 5.0) scale and warrant a General discharge. The Board finds the General discharge accurately characterized the applicant’s service. Relief is not warranted.

 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. Naval Military Personnel Manual, (NAVPERS 15560C), Change 24, effective
20 May 99 until 26 March 2000, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s)

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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