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NAVY | DRB | 2002_Navy | ND02-00416
Original file (ND02-00416.rtf) Auto-classification: Denied


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

ex-FN, USN
Docket No. ND02-00416

Applicant’s Request
The application for discharge review, received 020221, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance discharge review hearing before the board in the Washington National Capital Region. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the Applicant, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

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 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 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. Dear Board Members: I am writing to you in regard to ask you all for your help and assistance in reviewing my discharge that was issued to me from the Navy in August of 1994. My name is (Applicant), I am twenty-nine years old, and would like to upgrade my Navy discharge and have all codes pending dropped. I really do not know where to start, in explaining what lead to the events of my discharge but I will be completely honest and sincere with all of you, as I do appreciate you giving me this opportunity in redeeming it. I am not going to make excuses for my actions that led to my discharge from the Navy nor will I try to justify my causes. I am very ashamed and embarrassed of what I did. Only my Mother and Father know of this matter and I will try to shorten the whole story and give you the facts and let you decide for yourself of your own thoughts and opinions. I joined the Navy with the big hope of one day getting into Naval Special Warfare. My father is Special Forces and I grew a military child. I was stationed in Norfolk, on board the USS Wasp, LHD-1. When I first arrived there I was assigned to the forward Main Boiler Room Engineering Dept. I was told by a lot of people that once onboard the "Wasp", you would never leave the "Wasp" until you enlistment was over. I ignored all the negativity and believed that as long as I showed a lot of hard work, dedication, and teamwork among my peers than I had a chance. I knew to be able to go to BUD/S training you had to demonstrate a lot of motivation, hard work, a good attitude and be a model sailor. Soon after I checked on board the Ship we deployed for "Operation Restore Hope" in Somalia for a six month cruise. I made my first appointment with my Ship's Career Counselor and talked to him about my future intentions. I will leave his name out of my paper throughout this explanation and will give it to you if asked at a later date. I told him about myself, and asked him what I had to do to earn a seat in Seal Training. He told me that after I was on board for 12 months, I would be qualified to make a request. Needless to say I was thrilled, I stayed out of trouble, was always on time for all musters, I met my qualification standards on time and I did what I was told. I was a good sailor. During the cruise I had heard that you have to make a request 18 months in advance for Seal Training due to a long waiting list. So I visited the Counselor and he told me that he would submit my orders right after our return to Norfolk. Following the deployment I visited him once more, and he had informed me that the request had already been sent out. From that moment on I would stop by his office every two or three days and ask if they had come in yet. This went on for over a year. Still he would tell me that it could be any day now. After a year and a half I felt a little uneasy about my Career Counselor's intent and I visited my ships Master Chief Petty Officer. He did seem somewhat concerned and told me that he would check into the matter. Then my Career Counselor informed me that while we were out to sea that no orders would be sent, only while we were in port. After Somalia we went to Haiti not once but twice, and that only made me grow more restless to get back. Finally after a year and a half I spoke to a couple of Seal Team Four members that I knew well and they made a few calls for me to only find out that my detailer had never heard of me much less received a request from my ships Career Counselor. I was disappointed, discouraged, confused, and angry. So when we went back to Haiti, I knew that I would have to reenlist before I would ever get them now, being that my enlistment was more than halfway over. I did not know what to do, I felt so cheated. I then informed the Ship's Command Master Chief and he verified that my orders were not sent. I felt so disgusted with the Navy at this point that I felt that I certainly did not want to have to stay on board for my remaining enlistment. I decided to do something that I would later regret for the rest of my life. I decided to write a fake suicide letter, and I dropped it on the floor (deck) near one of my petty officer's rack so he would find it. The next day I was confronted by the Chaplain and I pretended to have suicidal thoughts. Well that was brushed off, and it did not work. When we pulled back into Norfolk, I visited a civilian Psychologist in Norfolk, paid him $100.00 dollars and told him what I had done, and he called the Portsmouth Naval Hospital where I was taken and checked in. I stayed there for a few days and was offered two choices. One to go back to the ship or an early out. I took the early out. I was never late for a single muster, never late for a watch, and I always did well on my inspections. I was attentive, responsive, and obeyed every order handed out. Always. I never did break any rules, and was a model sailor up until that point. I was given an "General Under Honorable Conditions", with two codes on my DD214 and was released. And I feel awful about it. I could go on about how our working conditions within the Boiler Room was rough or how every fireman in my dept. went AWOL except for myself and one other guy after Haiti. I could go on and tell you about how my dept. was undermanned and we had to work 20 out of 24 hours a day while out at sea without sleep. I can make up lies and tell you that my wife at the time was influencing me with all of my actions and how she had threatened to leave me if I had to go out at sea one more time. Because she did not. It was my choice, and my bad choice alone. I am very sorry for my irrational and immature actions. I am ashamed and embarrassed of it. My family is full of decorated veterans, my Dad, my brother-in-law who is a pilot, and I could go on. There is not a day that goes by that I do regret what I did. I have been carrying this dark cloud over my head for almost seven years now and I would like to try to redeem myself somewhat if I may. This whole ordeal is the longest and darkest road that I ever had to walk, and it is filled with regret. Only my Mother and Father knows of this secret. I have learned and experienced so much since then, I am now married to a wonderful young woman whom I have been with for four years now. I have a great j ob with a lot of great things going for me. I have grown up and have become a better person through all of this. I have an extremely amount of respect from my community and have a lot of respect from others. A lot of people think a lot of me and I could give you the very best references possible. Immaturity is my only answer that I have to give to you. What I did is not me, nor does it resemble the person that I am and my character. Would you please help me upgrade my discharge to an "Honorable Discharge"? I served two major deployments, and one American conflict. I have over a year and a half of sea time and receive absolutely no funding towards my education from the G.I. Bill that I earned and paid into but lost. I have no personality disorders and have no alcoholic problems. I do not know why but one of the codes on my discharge states that I have an alcohol problem, and a personality disorder. I believe that is improper for a Psychologist to document such a bold opinion only after a five minute interview with someone he does not even know. I have never had a problem with alcohol and clearly do not understand why anyone would list that on my DD214. I feel that both statements are untrue and unfair. I have never been treated or diagnosed with such problems. I really would like to have a clean record as though I do deserve it, after becoming the person that I am today. I love my Country dearly and have always been very patriotic. I have written and re-written this letter I bet 50 times, please excuse my grammar and punctuation it has been very tiresome for me write this. Thank you very much for your time and patience.

Sincerely Yours,

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of Applicant's DD Form 214
Statement from Applicant, undated
Character and integrity letter dated January 7, 2002
Job/character reference dated February 17, 2000
Job/character reference dated February 17, 2000
Police record check dated January 9, 2002 (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     911114 - 920426  COG

 Period of Service Under Review :
Date of Enlistment: 920427               Date of Discharge: 940811

 Length of Service (years, months, days):

         Active: 02 03 15
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 35

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (1)    Behavior: 3.60 (1)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, SASM with Bronze Star, AFEM, JMU

 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 :

921112:  NJP for violation of UCMJ, Article 92: No further information found in service record.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
940809:  Applicant diagnosed with ETOH abuse, personality disorder NOS with borderline and histrionic features (principal). The psychiatrist recommended separation based on a personality disorder of such severity as to interfere with the Applicant serving adequately in the naval service. Applicant was considered to be a continuing risk of harm to self or others.

940811:  DD Form 214: Discharged Applicant under honorable conditions (general) by reason of convenience of the government on the basis of a personality disorder in accordance with NAVMILPERSMAN, Article 3620200.

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 940811 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 discharge was proper and equitable (D and E).

Issue 1. The Applicant was diagnosed by a competent medical authority to possess a personality disorder on 940809. The Board does not consider the circumstances surrounding the Applicant’s stated condition and implied incorrect diagnosis to be of sufficient nature to warrant an upgrade to his characterization of service. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. A characterization of service of General (under honorable conditions ) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion and his failure to complete his enlistment. While he may feel that his immaturity, hard working conditions, and disgust with the Navy were factors that contributed to his actions, the record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country. The Board found no reference to alcohol related problems on the Applicant’s DD Form 214. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred 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. Relief not warranted.

The Applicant 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. Representation at a personal appearance hearing is recommended but not required.






Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 23 Jun 96, 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 “ 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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