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NAVY | DRB | 2002_Navy | ND02-00988
Original file (ND02-00988.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND02-00988

Applicant’s Request
The application for discharge review, received 020708, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance hearing discharge review 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, he 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 030320. 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 4 to 1 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. The discharge I received was improper.

I was off ship for a month with chicken pox. During that time the CO made a lawful order which stated: To attend all Flight Deck Parades. I was back on ship a month later when the next day was a Flight Deck Parade. I knew nothing of the lawful order. Meantime, my Department Head knew I was trying to get out of the Navy. He noticed me not there and sent me to XO mast and then to CO mast. At that time my wife had left me. I talked with a Navy psychiatrist whom I confided in. She was getting out the next day, she told me she would hook me up. I thought if I got out of the navy I could save my marriage. Well she then wrote me up for a Personality Disorder and said I was not fit for duty. All I wanted is someone to help me, instead, I got someone to hurt me. So my last 15 days in the Navy I spent on restriction for no reason of mine.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     920811 - 930801  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 930802               Date of Discharge: 950724

 Length of Service (years, months, days):

         Active: 01 11 23
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 35

 Highest Rate: FA

 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: NDSM, SWSM, AFEM, NUC

 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 :

940504   Applicant reported for duty on USS TRIPOLI (LPH-10), home ported San Diego, CA.

950630:  Psychiatric Evaluation: Primary diagnosis: Personality Disorder, NOS (301.90). Primary Recommendation: The member is not considered to be mentally ill, (no medically boardable condition), by manifests a long-standing disorder of character and behavior which is of such severity as to render this individual unsuitable for continued military service in the U.S. Navy. He does not presently require, and will not benefit from hospitalization. Short-term psychiatric treatment for this condition is of limited benefit, and long-term treatment is not available within the military. Although not currently considered suicidal or homicidal, this member is judged to represent a risk to self or other if retained on active duty, especially in view of his history of suicidal ideation. He deemed fit for return to duty for immediate processing for administrative separation, which should be handled expeditiously in compliance with NAVMILPERS MANUAL, Chapter 36. It is also recommended that he not have access to any weapon, not operate government vehicles, work with classified materials, nor be involved with field work. The patient should be placed in a non-deployment status.
950708:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service authorized of 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 as evidenced by psychiatric evaluation dated 950630.
950714   CO’s NJP held this date. NAVPERS 1070/613 refers.
         [Extracted from Applicant’s Enlisted Performance Record]

950715   Chronological Record of Medical Care: Patient (Applicant) seen for follow up appointment per NMCSD 6320 of 14JUL95 due to reaction to NJP. Please refer to SF513 of 30JUN95 for previous history, diagnosis and recommendation for Admin sep due to personality disorder.
 Diagnostic Impressions per DSM IV: Axis I: Adjustment disorder with depression-non problematic, Partner Relational Problem, Alcohol Abuse; Axis II: Personality disorder, NOS with dependent/avoidant features; Axis III: None.
950719:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
950730:  Commanding Officer recommended separation 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.
         Psychiatric/Medical Evaluation: FA B_ (Applicant) was evaluated on 30 June 1995, by Fleet Medical Mental Health Unit, Naval Station, San Diego, California. He was diagnosed as having a “Personality disorder, with dependent/avoidant features. Although not presently considered suicidal or homicidal, this member is judged to represent a continuing danger to self and others if retained on active duty, especially in view of his history of suicidal ideation.” Recommend that he be administratively separated most expeditiously.
 Date and characterization of discharge: FA B_ (Applicant) was separated from the service on JUL 24 1995 with a type warranted service record discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 950724 with a discharge characterization of 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 believes that the discharge he received was improper. The Applicant was diagnosed with a Personality Disorder, NOS with dependent/avoidant features by competent medical authority and was recommended for expeditious administrative separation from the Navy. Additionally, he was judged to be a risk of harm to himself or others if retained on active duty. The Board determined that the Applicant’s discharge is proper and equitable as issued. The Applicant’s service is equitably characterized as general (under honorable conditions) as type warranted. A characterization of service of general (under honorable conditions) is warranted when significant negative aspects of a service member’s conduct or performance of duty outweigh the positive aspects of the service member’s military record. The Applicant’s summary of service is marred by award of non-judicial punishment (NJP). 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. After a complete review of the record, including the evidence submitted by the Applicant, the Board determined that the Applicant’s discharge was proper and equitable. An upgrade to fully honorable would be inappropriate. Relief denied.

The following is provided for the Applicant’s information: T here 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, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. 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 “ 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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