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NAVY | DRB | 2001_Navy | ND01-00656
Original file (ND01-00656.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND01-00656

Applicant’s Request
The application for discharge review, received 010416, 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 011127. 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 four to one that the character of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I am respectively writing this letter of explanation in hope of a discharge upgrade.
In 1992, I was discharged (an "early out") from active duty and received a General Discharge - "Under Honorable Conditions". During the separation process, I was given the impression that as long as I continued to be a law abiding and productive citizen the discharge would eventually become "Honorable". Some time has passed during which I had assumed that the status of my discharge would change automatically - but it has not.
I feel the need to have my discharge upgraded because this is something that reflects on my character. I proudly served my country and, when telling people about my service, I feel ashamed that I am not considered an "honorable" veteran. This is very bothersome to me as I am and have been a person of integrity and honor; I have made up for any shortcomings that I may have exposed in my past immaturity. Involvement in the community, dedication to work and strong family ties are only a few aspects that not only separate me from others, but the once 18-year-old navy Recruit as well. What led to my discharge in 1992, was a devastating chain of events which affected me psychologically and because of the circumstances would never happen again. My home life was not the best; I joined the Navy at age 17. Boot camp took my mind off things; but the problems were still there. Eventually, I was sent to the U.S.S. White Plains - a supply ship. When Operation Desert Storm broke out we were there, and the same with Operation Desert Shield. Those two Operations were intensely stressful, the boredom, unbearable heat and the eight - ten hour mine watches were intense. We were all scared even though the "action" was on land. When my time was up on the U.S.S. White Plains I transferred to the U.S.S. Tarawa. While in transfer, I was granted an over 30 days leave. I hadn't been stateside in over a year, but when I got back home, all of my problems were still there waiting. Parents fighting, my high school girlfriend gone, and my best friend, whom I had planned on surprising with my trip, committed suicide by hanging himself. This crushed me. I was confused, wishing everything could just be normal again, and feeling very lonely. The world was spinning around me and really seemed not to exist. Shortly after, I was to report for duty on the U.S.S. Tarawa. While checking in on the Tarawa, it was implied that we would soon be taking a Persian Gulf tour. Later that week it was confirmed. I was still shaken up from my visit home and when I heard the news; it felt like I was being smothered. That night I went out alone and started to drink, all I remember is walking back to base. The next day I woke up in the Naval Hospital. At the hospital they said I was out of control, I tried to commit suicide, and it took many men to subdue me. My visit to the hospital has helped me in many ways. I learned how to express my emotions without being ashamed of my situation, I also realized that I was in the beginning stage of alcohol abuse. While in the hospital I came to many realizations that had helped me become a more mature and balanced person. My experience in the Navy and in the Naval Hospital have made a defining impression for the best in my character.

Since my release from the military, I have been an active and productive citizen. I have volunteered for many non-profit organizations, giving my time generously and regularly. I have since become a home owner and have participated in improving my once crime ridden neighborhood. I vote, pay taxes and am law abiding. Above all, I care about the people around me and the community I live in. I am a person of character and integrity that deserves the right to be proud of service to this country. I want to be able to tell my family and friends with pride that my service was indeed significant to this country. Thank you for your consideration. Sincerely,
(Signed Applicant)

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character Reference ltr from J_ C_, Employer, dtd Oct 1, 2000
Character Reference ltr from L_ S_, dtd Nov 1, 2000
Copy of DD Form 214
Character Reference ltr from M_ T_ undtd

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     890920 - 890921  COG
                                              890721 - 890831  ELS (Failed to graduate H.S.)
Period of Service Under Review :
Date of Enlistment: 890922               Date of Discharge: 920522

 Length of Service (years, months, days):

         Active: 02 08 01
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 33

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.87 (3)    Behavior: 3.80 (3)                OTA: 3.8

 Military Decorations: None

 Unit/Campaign/Service Awards: Battle "E" Ribbon, NUC, M-14 Rifle Marksman Ribbon, 0SSR, SSDR, NDSM, SWASM (2 Stars)

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

[Admin discharge package not contained in service record and applicant unable to provide.]

920408:  Admitted to the Naval Hospital Psychiatric, San Diego: 20 year old single, Caucasian male, with 2 years consecutive active duty, stationed about USS Tarawa was transferred to Psychiatry from Internal Medicine after a suicide attempt via pill overdose. Pt transferred to 1 Wet from Intensive Care Unit, where he was admitted overnight for overdoes on 72 Nytol tablets, 16 sleeping pills, and some Nyquil. Reported that pt was essentially found at 1600 hours wandering around the USS Tarawa, completely disoriented, speaking gibberish. Pt did not recognize shipmates and was moderately combative on presentation by ambulance. LPO discovered containers of the pills, however, no one witness the ingestion. Pt related that on the day of admission while driving around town, he became suicidal, and "I was obsessed with the thought of dying". At that point, he wished to end his life for the reason of "To relieve the pain of my depression and be at peace". He drove to pharmacy and bought the medications. After ingesting them he went back to his rack with the idea of never waking up again………………. Besides stressors mentioned previously pt finds the Navy life to be "unbearable". He was vague regarding any possible stressors except for his dissatisfaction with the Navy and recent losses have aggravated his mood………..With regard to his alcohol consumption, pt stated that he started drinking at about the age of 14………He now drinks approximately one 6-pack of beer in 2 or 3 hours. While in Guam, pt's drinking habit worsened to point of daily drinking. Denied early morning tremor, and he related possibly one occasion of blackout as a teenager. Gets drunk approximately 100 times per year. Denied driving while intoxicated………………Initially, the diagnosis of major depression was entertained, however, as time continued, his depressive symptoms appeared to be reactive, and he responded quickly to medication intervention………………….ARD consult was requested, and the impression was one of alcohol dependence. Recommendation was that he attend Level 3 treatment, and if he is discharged from the military, he should obtain this treatment through the VA. They also recommended 3 AA meetings until treatment and abstinence from drinking alcohol……..
         Discharge Diagnosis:
         AXIS I: 1. Adjustment disorder
                  2. Depressed mood.
                  3. Dysthymic disorder.
                  4. Alcohol dependence.
         AXIS II: Personality disorder with dependent and borderline traits.
         AXIS III: Status post pill ingestion in a suicide attempt.
         Recommendation: 1. Pt is fit for duty and responsible for full code of military justice. Pt is responsible for his actions. 2. Pt is deemed not suicidal at this time and agrees to seek medical help if he should become so. 3. No indication for further Psychiatric hospitalization at this time. 4. Although the pt is deemed not suicidal at this time, he is at a continued increased risk for harm to self if retained on active service. Therefore, he is recommended for expeditious administrative separation. 5. Treatment for alcoholism should be offered and obtained, if pt desires it, at the VA after administrative separation. Three times per week he is to participate in AA meetings. It is recommended while the member is awaiting separation.

920501:  Discharged from Naval Hospital, San Diego, CA.
920522:  Discharged under honorable conditions (general) by reason of personality disorder.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920522 under honorable conditions (general) 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).

Issue 1. The applicant’s official discharge record was not available for review. The Board did not find a preponderance of evidence sufficient to override the presumption of regularity. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice could be discerned during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 04 Mar 1993, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 04 Mar 1993, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - 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 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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