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NAVY | DRB | 2002_Navy | ND02-00549
Original file (ND02-00549.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND02-00549

Applicant’s Request
The application for discharge review, received 020318, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance discharge review before a traveling panel closest to [left blank]. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the Applicant, was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington, D.C. area. Subsequent to the application, the Applicant requested a documentary record discharge review.

Decision

A documentary record discharge review was conducted in Washington, D.C. on 021217. 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: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. On August 7, 1986 I joined the Navy and my first ship was the USS SELLERS (DDG-11) where everything seemed fine. My feet did give me problems due to both my feet and ankles swelling. I tried my best to deal with this issue. I did have to go to the Charleston Naval Hospital for my feet. Having flat feet was one problem that I couldn't help. At this time I didn't want to get out of the Navy. After being transferred from the ship due to feet problems, I was transferred to TPU until further orders. After 89 days, I was assigned to the USS KLAKRING (FFG-42). I had a no shave chit that I was issued from the CHARLESTON Naval Hospital and I presented it to the Command Master Chief of the USS KLAKRING (FFG-42) and he didn't acknowledge it. I was still required to shave. I desperately tried to talk to chief in sick bay about my skin problem. The chief Corpsman also issued me a no shave chit however, CMC still wouldn't acknowledge it. Three Sailors then tried to give me a hard time about my beard and a fight between them and I started. I regretted that it happened but I felt trapped because I tried to talk with the Chain-of-Command via a request chit but my request was denied. The harassment continued until I was fed up. I reported the incident to my LPO and he did try to help me. After that it felt like a nightmare being on the ship. I requested to get off the ship or I wouldn't be able to take it if I stayed on. This wasn't what I wanted when I joined the Navy. This Command Master Chief didn't try to help my situation, I' wasn't a weak link looking for other to feel sorry for me. Being put in the mental ward at the Charleston Naval Hospital wasn't what I wanted to do but it helped me to figure out how to get help. Being onboard the ship I started having nightmares and sleepwalking, which is something that I had never done before. Feeling threatened wasn't right for me or anyone else. Being given a Other Than Honorable due to Misconduct (Malingering) is a serious offense and was inappropriate and wasn't right. I wasn't looking for any attention nor being wreck less in any way. I do hope that you will take this statement under consideration. I joined the United States Navy to become a better man and an outstanding Sailor, not to become upset or disgruntled when things didn't go right. I know I am much better man than that. The reason I am asking very gracious for the Department to upgrade my discharge is to allow me to sleep better and know that an OTH was wrongfully given to me and I feel that a General or Honorable should be given under the circumstances that happened while I was in the Navy.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     860626 - 860806  COG

 Period of Service Under Review :
Date of Enlistment: 860807               Date of Discharge: 880617

 Length of Service (years, months, days):

         Active: 01 10 11
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 40

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

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

Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 55

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

870713:  Psychiatric Evaluation, Narrative Summary: Diagnoses: 1) Suicide ideation - resolved, 2) Homicide ideation - resolved, 3) Mixed personality trait (narcissistic, passive aggressive), 4) Occupational problem - unresolved, 5) Pes Planus, (EPTE), 6) Pseudofolliculitis Barbae, (EPTE). Recommendations: This individual is fit for full duty. He is and has been fully accountable for his actions. He is competent. Initially, outpatient psychiatric follow-up is recommended. If continued threats towards senior military persists, he should be legally charged. The command was notified prior to discharge. Administrative separation from naval service strongly recommended.

871218:  Retention Warning: Advised of deficiency. (Based on psychiatric evaluation, dated 13Dec87, Applicant found fit for duty and fully accountable for his actions. Diagnosed as having a mixed personality disorder (narcissistic, passive/aggressive), which is interfering in the performance of military duties. Specific deficiencies are: failure to complete assigned tasks in a timely manner, lack of respect for authority, frequent lost work days while undergoing medical examination, although no ailments or disorders have been diagnosed; generally, narcissistic behavior is interfering in the performance of military duties and will not be tolerated.) Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
880311:  Psychiatric Evaluation, Narrative Summary: Diagnoses: 1) Adjustment disorder with mixed emotions and suicide attempt, now resolved. Origin: DNEPTE. 2) Somnambulism. Origin: EPTE. 3) Mixed personality disorder. Origin: EPTE. 4) Pes Planus. Origin: EPTE. Disposition: Service member is strongly recommended for administrative separation on the basis of documented personality disorder, sleepwalking disorder and pes planus, and much more so with his suicidal behavior. In view of this disorder, the patient would not be a productive service member in the future. His suicidal behavior and suicidal thinking in the most recent past strongly endorses that he should be expeditiously separated as soon as possible, furthermore with his sleepwalking it is strongly indicated that service member is unsuitable for shipboard duties at this time. Therefore it is strongly recommended that he should not be onboard ship at all times at this time. Discharged to duty with recommendation for convalescent leave while enroute to his command. Recommend that he should be allowed to stay in transient barracks while waiting for his administrative separation. Discharged to duty with delay enroute.
880314:  NJP for violation of UCMJ, Article 115: Malingering.
         Award: Restriction for 45 days, reduction to SA. No indication of appeal in the record.
880318:  Applicant notified of intended recommendation for discharge under other than honorable conditions by convenience of the government due to personality disorder and misconduct due to the commission of a serious offense.
880318:  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.
880523:  Commanding Officer recommended discharge under other than honorable conditions by reason of convenience of the government due to personality disorder and misconduct due to the commission of a serious offense. Commanding officer’s comments (verbatim): It has been recommended that the Respondent, SA (Applicant), be separated from the Naval Service by reason of convenience of the government - personality disorder and misconduct - commission of a serious offense - malingering and that the discharge be characterized as Other Than Honorable. SA (Applicant) had been hospitalized on two separate occasions for mixed personality disorder. The most recent hospitalization, 4-11 March 1988, resulted in a final diagnosis of the personality disorder and recommended expeditious separation due to his recent suicidal ideation and behavior. In view of the commission of a serious offense, malingering and the recommendation of his recent psychiatric evaluation, further retention would not be on the best interest of the Naval Service.

880610:  CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 880617 under other than honorable conditions for misconduct due to commission of a serious offense (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).

Issue 1. The Applicant failed to provide sufficient documentation to support his claim that he was harassed while assigned to the USS KLAKRING. A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion for the serious offense of malingering. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity 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 15560A), effective 15 Jun 87 until
10 Jan 89, Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

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 " 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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