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NAVY | DRB | 2002_Navy | ND02-00326
Original file (ND02-00326.rtf) Auto-classification: Denied


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

ex-AMS2, USN
Docket No. ND02-00326

Applicant’s Request
The application for discharge review, received 020128, 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 021029. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety in the characterization of the Applicant’s service. The Board’s vote was unanimous that the character of the discharge shall be changed to HONORABLE/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 To Whom It May Concern,

I would like to explain the events leading up to my discharge in October, 1996. During my last deployment, the letters from my wife were getting fewer and farther in between. This is usually a sign that someone else could be occupying her time as I had witnessed through others. I was therefore a little suspicious of her when I returned home even though when I was able to contact her by phone, she assured me everything was fine. I realized a significant change in her attitude toward me and in General as soon as I got home. I also found that the bills had not been paid as they should have been. It took several crazy weeks for me to find out some of the truth of what had been going on for the six months while I was deployed. Come to find out, she had in fact been unfaithful and also discovered she was bisexuals She had also developed a very nasty drug habit which explained why I was about to loose everything I had worked so hard for. During my deployment I was sending my entire pay home to her except for $50 a month which I kept for toiletries. She had paid just enough to get by and the rest went toward her cocaine habit. I have two children from a previous marriage who had come to visit for the summer just after I returned from deployment. Come to find out, the nights I had duty, my wife was leaving my kids home alone all night while she was out doing her thing. My biggest fear as far as that went was I was afraid their mother would find out and not let them ever come back to visit me. I had tried on several occasions to talk to my wife about what she was doing but that was useless. Between trying to keep from losing my house and my car, trying to keep from loosing my visitation rights with my children, trying to prepare for a post cruise inspection working 12 hours a day, 7 days a week and not being allowed to take any leave until after the inspection was over, and trying to figure out what to do about my marriage, you could say I was pretty well stressed out. I tried several times to get some time off so I could take care of these other problems but even after explaining my situation to my Division Chief, he told me the only thing that was important was the inspection and that I would just have to put my problems on hold until after the inspection was over. Well, I managed to get my kids back home to their mother so I wouldn't subject them to everything that was going on so that took care of one problem but then what my wife was doing just escalated so out of desperation I did something really stupid. I pretended that I had planned to kill myself because of what she was doing. I only did this in hopes of getting her attention and making her stop what she was doing. Well, it kind of backfired on me. To make a long story not quite so long, I ended up in Portsmouth Naval Hospital for an evaluation. I explained everything to the Doctor and told him why I did what I did none of which ended up in the evaluation report. I was given a battery of question and answered them as honestly as I could. Some of the questions dealt with alcohol. I used to party with the boys quite a bit in my younger years but it was never out of any kind of a craving for alcohol. We just worked our tails off every day so we would go out to the bar afterwards and have a few beers. When I transferred away from that crowd, I stopped going to the bar. Well given my family history with alcoholism and my past drinking habits, the Doctor concentrated on this area of my life and refused to deal with any other issues. After having a couple of days to collect myself, I asked to go back to my ship. They refused and kept insisting I needed treatment for alcohol dependence. I had stopped the partying several years back and only had the occasional drink from time to time. I knew my problem was not alcohol related and was only a product of tons of stress. They would not let me go back to my ship unless I agreed to the alcohol treatment. I told them that if they were insistent upon ruining my otherwise spotless career that the might as well let me out. That made the Doctor somewhat angry and not only did he recommend me for discharge, he recommended me for discharge ASAP. I had 12 years of service under my belt with not even so much as a counseling chit in my record. I had 3 Good Conduct awards, the Navy Achievement Medal, a Letter of Commendation from the Admiral of the Sixth Fleet, and evaluation average of 3.9 based on the 4.0 scale. I was always recommended for retention and advancement. I really felt like I was getting the shaft from this Doctor and it made me so angry I let him put me out without a fight so I would not ever have to deal with him again. Now I realize what a mistake it was and I hope it is one mistake which I can rectify. You may ask why I have waited so long to do this. Well, if s not because I am unemployed or poor or anything like that. I have a very good job with Lockheed Martin making a heck of a lot more money than the military would pay me. I just didn't realize how important being in the military was to me until the events of September 11, 2001. The fact that I could take no part in the events which have followed that terrible attack has left me with a feeling I don't care much for. I want to do my part in the worst kind of way. I now have another wife. A very supportive and dedicated wife who has a great fear of God and sense of morality. Who I trust and know will never betray me. She is 100% behind my decision to try and finish my duty with the Navy. There is no limit to what I can contribute to the Navy with her by my side and she is fully aware of what is required of a Navy wife.
I would be most grateful if allowed to re-enlist and help in the fight against terrorism. I can't stand to just sit by and watch it all happen on CNN. I am more than willing to undergo any type of evaluation deemed necessary to determine my ability to serve. I do not have any kind of personality disorder as my DD-214 says. If I had served all of those years without a hitch, how could I suddenly be a potential problem. Not only do I still not drink, I quit smoking about two and a half years ago.
Whatever your decision, I thank you for your time and consideration in this matter.
Sincerely,
(signed by Applicant)


 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Naval Medical Center, Portsmouth, VA Narrative Summary dtd 16SEP96 (3 pages)
Military Medical Record pages (7 pages)
Copy of DD Form 214
 Copy of Initial Enlistment Contract dtd 16JUN82 and other service record pages (20 pages)
Certificate of Navy Achievement Medal

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        920528 - 950608  HON
         Active: USN                        880907 - 920527  HON
         Inactive: USNR (DEP)     880629 - 880906  COG
         Inactive: USNR            870125 - 880628  COG (to enlist USN)
         Active: USNR              830125 - 870124  RELACDU
         Inactive: USNR            820616 - 830124  To report ACDU


 Period of Service Under Review :
Date of Enlistment: 950609               Date of Discharge: 961123

 Length of Service (years, months, days):

         Active: 01 04 15
         Inactive: None

 Age at Entry: 32                          Years Contracted: 3

 Education Level: 12                        AFQT: 44

 Highest Rate: AMS2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.0 (1)     Behavior: 4.0 (1)                 OTA: 4.0 (4.0 eval)
                  4.0 (2)                  3.0 (2)                           3.43 (5.0 eval)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR(3), MUCR (2), Navy Battle "E" Ribbon (2), NAM, SWASM (w/Bronze Star), NDSM, GCM(3)

 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 3620200.

 Chronological Listing of Significant Service Events :

950609:  Reenlisted for 3 years at NAMTRAGRUDET, NAS, Norfolk, VA.

 960916:  Naval Medical Center, Portsmouth, VA: History of present illness was obtained by voluntary interview with pt, and available records, and was considered reliable. This was first NMCP psychiatric admission (but second evaluation - first was by Dr. C_ in Aug 96) for this 33 year old with 12 years broken service who presented for eval of suicidal ideation in the context of long-standing intermittent feelings of worthlessness. Denied any past history of suicide attempts, although he did report cutting his wrists superficially 3 wks prior to admission, for which he did not seek medical attention. Night prior to admission he took his gun, loaded it with one bullet, than laid down to contemplate where to shoot himself, and promptly fell asleep. When he awoke approximately 30 minutes later, he had changed his mind about killing himself, and then told his wife. Pt reported poor sleep since January when he left for a
6-month deployment, variable appetite with a 40 lb weight loss over 3 months and decreased desire to do his normal activities. He felt the exacerbation, which prompted this suicidal ideation was due to his long working hours and not having enough time to do things for himself. Pt admitted to ward 3E…………………..At the time of discharge, the pt was not suicidal, homicidal or psychotic and had received the max benefit from inpatient hospitalization.
Discharge Diagnoses:
AXIS I: Observation for Suspected Mental Condition - non e found, Alcohol Dependence in sustained partial remission.
AXIS II: Personality Disorder with Borderline and Antisocial Traits
AXIS III: None
Disposition: Pt discharged to full duty to parent command, psychiatrically fit for same.
Discharge Instructions: (1) Attending psychiatrist advises expeditious admin separation for unsuitability. Member is not considered mentally ill and returns to full duty. Individual does manifest a long-standing disorder of character and behavior, which is of such severity as to interfere with serving adequately in the Navy. Although not imminently homicidal or suicidal, he is a continuing risk to do harm to himself or others. Expeditious separation ………………is strongly recommended. In the examiner's opinion, pt does not possess a severe mental disease or defect for purpose of R.C.M. 706 Exam and is considered competent.


961007:  Applicant notified of intended recommendation for discharge General (under Honorable conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder as evidenced by qualified psychiatric evaluation.
961008:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 961023 with a 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 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 characterization of the discharge was not proper (D and E).

The Applicant’s service record was reviewed. There were no documented nonjudicial punishments or administrative warnings. The Applicant's enlisted performance marks did not warrant the General characterization of service. The proper characterization of service for the Applicant, based upon his enlisted performance marks, should have been Honorable. The basis for his discharge, personality disorder, was appropriate and should not change.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 13, effective 24 June 1996 until 02 Oct 1996), Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT

B. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 2 Oct 96), Article 3620225, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT ON THE 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 “ 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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