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NAVY | DRB | 2001_Navy | ND01-00829
Original file (ND01-00829.rtf) Auto-classification: Denied


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

ex-YN3, USN
Docket No. ND01-00829

Applicant’s Request
The application for discharge review, received 010605, requested that the reason for the discharge be changed to convenience of the government. The applicant requested a personal appearance hearing before the board in the Washington National Capital Region. The applicant did not list any representative on the DD Form 293.

Decision

A personal appearance discharge review hearing was conducted in Washington, D.C. on 020409. After a thorough review of the testimony, records, supporting documents, facts and circumstances unique to this case, NDRB discerned an impropriety in the assignment of the reason for the applicant’s discharge. The Board’s vote was unanimous that the reason for the discharge shall change to: HONORABLE / Secretarial Authority; authority: NAVMILPERSMAN, Article 3630900. The separation code shall be changed to: JFF.

 A personal appearance discharge review was conducted in Washington, D.C. on XXXXXX. 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: HONORABLE/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 If appropriate add the following:
The NDRB did note an administrative error on the original DD Form 214. Block 28, Narrative Reason for Separation should read: “_____________” vice “__________”. The original DD Form 214 should be corrected or reissued as appropriate.







THIS IS THE CORRECT SHELL FOR Other physical/mental conditions - personality disorders 860129-870614. SEPARATION CODE JFX or GFX.
FINDING 860128CG is effective 860129-870614. The SPN codes are effective 860911 - 930627. SPN CODE KFX was not used prior to 930628. A general discharge is written UNDER HONORABLE CONDITIONS (GENERAL).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I believe the reason for my discharge in item #28 of my DD214 is inequitable because it is based on a single incident during 33 months of military service. Respectfully request current items in #28 be removed and replaced with "convenience of government."
At the time of the incident which led to my discharge. I was an E-4 and had taken the exam for E-5. I had been working dozens of hours of overtime for weeks at a time. I did not have a life outside of my duties at that time. As the operations yeoman. I worked directly for the Operations officer and also for three division officers and operations admin assistant. I stood underway watches & import Visitor Petty Officer. My work was always heavy. While import, I seldom had "liberty" after hours as I constantly worked . *In addition, I assisted the captain (W_) during recovery of a plane crash in the Pacific Ocean in early 1986 (?). I was the Captain's IJV phone talker during flight quarters. From the bridge, I assisted Capt. W_ as he directed wreckage recovery. I had a full view of the oil slick where the aircraft struck the ocean and a full view of the wreckage and debris floating on the ocean surface and as a recovery occurred. To this day I recall the smell of burnt aviation fuel. A combination of the long hours, numerous at sea exercises, plane crash recovery, and some matters which occurred on leave w/leaving my girlfriend behind (R_ P_ of Middletown, CT) contributed /caused it all. I should not be wrongfully labeled for life. Please change to "convenience of the government"

 In summary, in May, 1986, I was going through a temporary "rough time" emotionally based on a stressful incident (aircraft crash recovery), exhaustion from too many hours, and some personal matters with my father at home while on leave (April/May, 1986). Also, while on leave just before my hospitalization, I was distressed to leave my girlfriend at the time, R_ P_. I felt our relationship would not last because I was in the Navy. I never spoke to the psychiatrists about all of this. Things I was quoted as saying by the psychiatrists should be taken into context of the duress I was going through at the time, which later subsided. I was proud of my service. I think the record shows I do not have the diagnosis that I have been labeled with. I believe it is wrong to label someone for the rest of their life based on a single such episode. Please look at my accomplishments. I kindly ask you to consider the evidence presented and change the "authority and reasons" for discharge. (item #28 on DD 214) Sincerely yours,
2. I was awarded the Sea Service Ribbon for a WESTPAC, March 8, 1984 to late July or early August, 1984, for deployment to the Western Pacific/Indian Ocean, North Arabian Sea, and PIRAZ station in the Strait of Hormuz (entry of the Persian Gulf) during the Iran-Iraq War.
On my DD214 it merely states "Sea Service Ribbon." Please consider describing the deployment for which the Sea Service Ribbon was awarded next to the annotation "Sea Service Ribbon;" for instance, "Sea Service Ribbon for deployment to Western Pacific/Indian Ocean/North Arabian Sea" or "Sea Service Ribbon for deployment to Southwest Asia Theater of Naval Operations" etc. The 1984 WESTPAC deployment should be part of the official Navy records. Official Naval records should also demonstrate that I was a crewmember of the US S LONG BEACH (CGN-9) during this deployment, from March, 1984 through its completion.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of applicant's DD Form 214
Copy of Wethersfield Post new commentary, 1986
Copy of photographs (E-4 promotion ceremony; studio photograph)
Memorandum, USS LONG BEACH (CGN-9) Ship's Secretary (Ens. H) dated February 6, 1985
Copy of enlisted performance evaluation report 85Jan31 to 85Jul15 (4.0) (2 copies)
Copy of overall enlisted performance record (4.0)
Personal recommendation from Lechmere Management dated Jun 16, 1987, less than one year after discharge
Personal recommendation from Town of Wethersfield Management
Personal recommendation from doctor
Personal recommendation from completion of student teaching
Copy of college degree, "cum laude"
Copy of teaching certificate
Copy of continued eligibility, teaching certificate
Copy of marriage certificate
Copy of child's birth from family history records
Copy of WESTPAC, 1984 deployment route of USS LONG BEACH (CGN-9), per Capt T_ "Family Gram" mailing, summer 1984
Copy of travel voucher showing assignment to USS LONG BEACH (CGN-9) (during Westpac 1984 deployment)
Copy of photograph of Battlegroup Bravo, WESTPAC 1984 (USS LONG BEACH CGN-9 is in the front
Letter from applicant dated June 22, 2001
Copy of enlisted performance evaluation report 84Mar08 to 85Jan31
Copy of performance information memorandum dated October 12, 1984
Copy of enlisted performance evaluation report 85Jul16 to 85Jun15
Copy of special request/authorization dated April 23, 1985
Copy of special request/authorization dated January 29, 1986
Copy of special request/authorization dated December 2, 1984
Copy of handwritten note
Six pages from applicant's medical record
Copy of standard transfer order dated June 6, 1986
Copy of college transcript (3pp.), Feb 2002
Copy of leave chit
VA medical eval, October 92
VA letters of appreciation (6x)
Extract from physical, 860514
Certificate of Baptism of child
Home loan settlement (2pp.)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     830223 - 830925  COG

 Period of Service Under Review :
Date of Enlistment: 830926               Date of Discharge: 860724

 Length of Service (years, months, days):

         Active: 02 09 29
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 80

 Highest Rate: YN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (2)    Behavior: 3.70 (2)                OTA: 4.00

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

 Days of Unauthorized Absence: None

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

HONORABLE/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

840628:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Leave appointed place of duty on 25Jun84 for a period of 1 hours, (2) Leave appointed place of duty on 26Jun84, violation of UCMJ Article 91: Treat with contempt and was disrespectful in language towards a superior chief petty officer who was then in the execution of his office on 0900, 26Jun84.
         Award: Forfeiture of $100 per month for 1 month, restriction for 20 days, reduction to YNSR. Reduction suspended for 6 months. No indication of appeal in the record.
860312:  Retention Warning: Advised of deficiency (Violations of the UCMJ and/or civilian law), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
860511:  Admitted to NH San Diego psychiatric ward.

860514:  Discharged from NH San Diego. Applicant diagnosed with mixed personality disorder (#301.89). 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.

860515:  Diagnosed with dependent personality disorder (#301.60).

860605:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to commission of a serious offense and 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.
860605:          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 and statement. Applicant's statement found on microfiche.
860613:  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): Based on the information contained in enclosures (1) through (8), it is recommended that YN3 (applicant) be separated with an General Discharge by reason of misconduct. It is felt that YN3 (applicant) has not violated the Page 13 executed on board USS LONG BEACH dated 12Mar86. Based upon the recommendations and diagnosis in enclosures (6) through (8), YN3 (applicant) has a personality disorder so severe as to hinder his performance in a military environment.

860707:  CNMPC directed the applicant's discharge type warranted by service record by reason of convenience of the government on the basis of a personality disorder in accordance with NAVMILPERSMAN, Article 3620200.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 860724 honorable 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 not proper (D and E).

The applicant was diagnosed with a personality disorder by a competent medical authority in May 1986. The applicant was processed for discharge during June 1986. The commanding officer’s recommendation for discharge refers to only one formal counseling which was for an infraction that occurred months prior to the applicant being diagnosed with a personality disorder. The Board found that the applicant was improperly discharged because his command did not document formal counseling concerning the applicant’s medical condition and did not provide the applicant time to correct his deficiencies [A]. Formal counseling specifically addressing the personality disorder diagnosis and the resultant performance deficiencies that occurred is required if the doctors medical diagnosis does not contain the statement that the applicant is a “risk to harm self and others.” This statement was clearly absent from the medical diagnosis as well as the formal counseling. Therefore relief is granted in the form of changing the narrative reason for separation to Secretarial Authority.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560), Change 1/86, effective
29 Jan 86 until 14 Jun 87, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B . NAVOP 013/87 (CNO 201614ZFEB87) Delegated authority to Special Court-Martial Convening Authorities (SPCMCA's) to administratively separate enlisted members in certain circumstances. Authority was delegated for separation of enlisted members with Honorable, General, or Entry Level discharges for the following reasons where member does not object to the separation.

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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