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NAVY | DRB | 2001_Navy | ND01-00345
Original file (ND01-00345.rtf) Auto-classification: Denied


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

ex-MMFR, USN
Docket No. ND01-00345

Applicant’s Request
The application for discharge review, received 010123, 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 010817. 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 3620225.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from Applicant
Copy of DD Form 214
Copy of Certificate of Completion (24 hour Emergency Vehicle Operations portion of Basic Mandate Training).
Copy of Certificate of Completion (Georgia Basic Law Enforcement Course).
Reference Letter

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     950109 - 950306  COG

 Period of Service Under Review :
Date of Enlistment: 950307               Date of Discharge: 961011

 Length of Service (years, months, days):

         Active: 01 07 05
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 42

 Highest Rate: MMFA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

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 3620225.

 Chronological Listing of Significant Service Events :

960606:  At 0930 member was referred to MDR by duty Chief for fitness for duty and possible suicidal ideation. Pt was UA for duty and found on the pier by a senior member of his duty section with a bottle of liquor and apparently intoxicated. Pt refused to return to the ship and had to be escorted back. On return to ship Pt admitted to being drunk to the duty Chief and threatened to shoot himself if he wasn't allowed to go home. Pt was sent to his rack in the torpedo room under observation and immediately fell asleep. MDR was summoned by the duty Chief.

960606:  At 1830 pt was re-evaluated admitted being unhappy in the Navy and want to go home. Does not think he is doing the job he was trained for and feels no job satisfactory. Currently assigned to a junior watch station outside his rate. Admits frequently drinking to intoxication when in port to "relax". One month ago he was involved in an altercation with another crew member while intoxicated. Member noted by the MDR to drink heavily on liberty and needed assistance returning to the ship on several occasions. Similar behavior also noted and commented on by shipmates. The MDR and several other crew member have noticed his apparent unhappiness and a tendency to sleep frequently. When questioned by his shipmates, Pt admits to being unhappy on the ship and wants off. Pt was described by the duty Chief as obviously intoxicated and threatening to shoot himself with the Topside watch's pistol if he wasn't allowed to go home. Pt does not stand an armed watch or have access to a firearm, when questioned regarding this statement, Pt had no idea how he would have carried out the threat. Pt admits to thinking about suicide when drinking but denies any current intent to harm himself or others. Does not have a plan. Denies any past Hx of attempted suicide or mental illness. Pt blames his current feelings on dissatisfaction with his Naval service. Fit for duty and responsible for own actions. Recommended restricting Pt to ship until evaluated by UMO when he arrives on board 960610 with Task Unit Charlie. Discussed with XO and CO who agree.

960910:  From Naval Medical Center Portsmouth, Portsmouth VA Narrative summary: “………The patient was referred to psychiatry by ED for suicidal ideation after overdose of tylonol 3. He reported his mood became depressed after joining the Navy……He does not like his duties because he is working outside his rate…..He reported increased use of alcohol and was recently released from restriction that resulted from NJP for being drunk on duty.” Naval Medical Center Portsmouth, Portsmouth, Virginia Psychiatric evaluation indicates applicant was diagnosed as alcohol dependent with a personality disorder with borderline and dependent traits. Attending psychiatrist advises expeditious administrative separation. The member is not considered mentally ill and returns to full duty. This individual does manifest a longstanding disorder of character and behavior which is of such severity as to interfere with his serving adequately in the Navy. Although not imminently suicidal or homicidal, he is a continuing risk to do harm to himself or others. Expeditious administrative separation in accordance with NAVMILPERSMAN 3620225, NAVMILPERSMAN INST 1910.1D, and NAVOP 013/87 is strongly recommended. In the examiner's opinion, the patient does not possess a severe mental disease or defect for purpose of R.C.M. 706 examination and is considered competent.

Discharge package is missing from the record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 961011 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 introduced no decisional issues for consideration by the Board.

 The NDRB is authorized to consider post-service factors in the re characterization of a discharge. There is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant failed to provide documentary evidence to demonstrate his sobriety, positive community service, employment history, and clean police record. Relief is not warranted.

The applicant 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 recommended .

















Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 1996 until 11 Dec 97, Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - PERSONALITY DISORDER.

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 “ afls10.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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