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NAVY | DRB | 2003_Navy | ND03-00789
Original file (ND03-00789.rtf) Auto-classification: Denied



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

ex-SA, USNR
Docket No. ND03-00789

Applicant’s Request
The application for discharge review was received on 20030328. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040224. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. 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 1910-122 (formerly 3620225).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “During Chief Review Board all our division officers made up stories to against me. But BM3 Z_ was told to see the XO. However late I found out the dismissed the case without informing me. Then I went to legal services on board USS BOXER and asked for the whole report for that incident. But they did not want to give it to me. All I could have was the statement that I made. And then they told my Chief about it. It was very leading the Chief BMC C_ in a meeting with me.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Ten pages from Applicant’s service record
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 980324               Date of Discharge: 990329

 Length of Service (years, months, days):

         Active: 00 09 28
         Inactive: None

 Age at Entry: 25                          Years Contracted: 8

 Education Level: 8                         AFQT: 54

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA*                 Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

* No Marks Available for review

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

GENERAL (UNDER HONORABLE CONDITIONS)/PERSONALITY DISORDER, authority: NAVMILPERSMAN, Article 1910-122 (formerly 3620225).

 Chronological Listing of Significant Service Events :

990119:  Medical Dept, USS BOXER: 25 year old male present to sick call due to increased stress from recent legal problems with chain of command. Pt was assaulted 11JAN99. Assaulter was only given a counseling chit. Pt for eval after going to command master chief stating he worries “Do anything to get out of the Navy.”……….States he hates his shop, would even rather go to the brig vs going back to his division. When asked whether he has thoughts of harming himself, he emphatically says he does not. However, he does say that he would harm others if the people around him “pushed him too far.” He says he would “fight back” and do whatever it takes. According to pt, he was hit in the chest twice by shipmates. Is constantly taunted by them and hates where he works and the people who work there. He feels that most people he works with are “out to get him” and can’t be sure what he might do.
         Assessment/Plan: Work-related/situational stressors. Don’t believe pt is suicidal (verbal pact made). However, if continues in present work and living environment, would be a safety risk for crew members and possibly ship. Must consider pt’s ethnic background and approach to life.
 Worries (1) Immediately remove from present dept and reassign berthing, (2) attend stress management/anger classes (3) consider admin separation sooner than later
990206:  Medical Dept, USS BOXER: Pt overboard. Admitted to ICU. 25 year old male with history of problems with work-space & berthing, unhappy with current situation. Jumped from ship (61 feet height). Recovered in 12 minutes. Water temp – 76 degrees. Brought to Triage.
         Assessment/Plan: Suicide attempt – jump from ship.
         Observe on ward/24 hour watch. Serial exams/CXR as warranted.
990209:  Medical Dept, USS BOXER: 25 year old male with adjustment difficulties and jump from ship. Referred to psychology department for eval due to suicide attempt.
990215:  Applicant released to command. Applicant diagnosed with a personality disorder, NOS with immature, impulsive, and borderline features. 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. Applicant was considered self-destructive and a continuing risk of harm to self or others. Additional information: This was a suicide attempt and servicemember is to emotionally/behaviorally unstable to continue on in the U.S. Navy. If servicemember returns to the ship expect further acting out (possible self destructive behavior) to occur.

990312:  Applicant advised of 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 the right to submit a statement.
9903xx:  Applicant’s undated statement.

 990315:  Commanding officer recommended discharge with an honorable 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.

990322:  Commander, Navy Region, Southwest directed the Applicant's discharge with a general (under honorable conditions) by reason of convenience of the government on the basis of a personality disorder.

Partial discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990329 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). 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 NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The applicant does not deny that he was suffering from a personality disorder at the time of his discharge from naval service. He was diagnosed by qualified medical officers as possessing a long-standing disorder of character and behavior of such severity as to interfere with serving adequately in the Navy, and was considered a continuing risk to do harm to himself or others. In the Applicant’s case, the characterization of service should have been the “type warranted by service record.” However, in the absence of Applicant’s performance evaluation, the Board presumed regularity and found the discharge proper and equitable. Relief denied.

The following is provided for the edification of the applicant. 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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.

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 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 21, effective
01 Sep 1998 until 19 May 99, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s)

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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