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NAVY | DRB | 2003_Navy | n0300386
Original file (n0300386.rtf) Auto-classification: Denied


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

, ex-ET3, USN
Docket No. ND03-00386

Applicant’s Request
The application for discharge review was received on 20030107. The Applicant requests that 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20031229. 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: UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“1. I believe my type of discharge was unfair because it was done in a rush. I was not properly represented or advised. It was done at a time when those that could help me, were gone on leave for the Holidays. Ultimately it was done in a hostile environment to me, with out all the facts.

2. I was under increasing stress financially and in my marriage. I was underway for many months during my marriage. When I applied to the early release program I feel, is when the hostilities against me began.

3. The incident regarding the Racal decca radar was used to justify my NJP Article 92 and also unfairly the “General” discharge that was handed to me.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s Letter of Appeal for discharge upgrade
Copy of DD Form 214
Enlisted Performance Record (NAVPERS 1070/609)
History of Assignments (NAVPERS 1070/605)
Partial portion of Performance Evals (3 evals)
Certificate of Good Conduct Award, dtd July 25, 1992
Letter of Appreciation, CO, USS PETERSON, dtd Oct 18, 1991
Navy Unit Commendation Citation (29 May to 21 Aug 1990)
Certificate of Appointment to ET3, dtd Sep 22, 1989
Certificate of Appointment to ET2, dtd Jan 16, 1991
 Course Completion Certificate, AN/SPS-40E Air Search Radar Maintenance, dtd June 14, 1991
 Course Completion Certificate, HF Systems Technician Course, dtd Dec 22, 1989
Course Completion Certificate, Electronics Technician “A” School, Phase One, dtd Feb 14, 1989
Course Completion Certificate, Petty Officer Indoctrination Course, dtd Sep 28, 1989
 Course Completion Certificate, Electronics Technician “A” School, Phase Two, dtd Sep 22, 1989
 Display Maintenance Action, dtd Dec 21, 1992
NAVADMIN 030/92 message concerning “Voluntary Early Release of Enlisted Personnel” Program
USS PETERSON msg (20MAR92) to BUPERS recommended disapproval of Applicant’s request to cancel an extension agreement
Applicant’s spouse Letter of Support, dtd Dec 12, 2001
Character Reference ltr from R_ V_, dtd Jan 10, 2002
Newspaper Articles
Applicant’s Marriage License, dtd Mar 23, 1992
Applicant’s Consumer Credit Score, dtd Nov 24, 2001
Applicant’s Social Security Statement, dtd Nov 24, 2000
Applicant’s High School transcript
Applicant’s Separation Notification and Statement of Awareness
Applicant’s Court Memorandum (NJP action), dtd Dec 23, 1992
Applicant’s Convalescent Leave Authorization, dtd Dec 16, 1992
10 Pages of Applicant’s Military Medical Record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     880225 - 880724  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 880725               Date of Discharge: 921223

 Length of Service (years, months, days):

         Active: 04 04 29
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 57

 Highest Rate: ET2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.6 (3)     Behavior: 3.6 (3)                 OTA: 3.37

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, JMUA, NUC, SSD, NDSM, NEM

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Other physical/mental conditions - personality disorder, authority: NAVMILPERSMAN, Article 3620200.

 Chronological Listing of Significant Service Events :

920722:  Medical, USS PETERSON: Member states disillusionment with the Navy and the command at this time – states it is causing stress with his wife and he may consider suicide. Also stated he needed to be removed from WATCH so he would not hurt any one with the gun. Referred for psych eval.

920722:  Psych Eval, Naval Hospital, Portsmouth, VA: 22 year old referred for evaluation concerning the above. Reports he has been married for 4 months and he dislikes being away from his wife while deployed. She is pressuring him to get out of Navy or get reassigned. He has put in request for shore duty or early out which was denied.
         Diagnosis: Occupational & marital Problem, immature & dependent traits.
         Plan: 1 – No need for psych hospitalization. Return to full duty, fit for same. 2 – Fully responsible for self & actions. He’s accountable for same.
 3 – May seek counseling through Chaplain or NFSC. 4. May arrange marital counseling will wife through FHC. 5 – Discuss with member who understands. Discuss with staff who concurs.
920725:  Extended enlistment for 24 months
920911:  Administratively removed from the PRP this date.

 921113:  Admitted to Naval Hospital Portsmouth, VA: 22 year old with about 4½ years continuous active duty was admitted after he presented with his wife requesting help in coping with stressors of the USN. He feels that he is being singled out after accidentally damaging a radar unit. Pt feels he is a “scapegoat” for his command. Complains of his chief verbally abusing him causing the Pt to experience ideation about hurting self. Pt had prior as needed psych eval Jul 92 for occupational, marital problems. Psych evaluated as youth for “being too quiet”. Positive heavy alcohol with occasional blackouts but not consistent with clinical diagnosis of alcohol abuse. Denied drug abuse
         Diagnosis: AXIS I – None
         AXIS II – Personality Disorder NOS with passive aggressive traits
         AXIS III – Condyloma Accumata – resolved, Hammer digits both feet by history.
         AXIS IV – Moderate
         AXIS V – 50/70
         Disposition: Returned to full duty, psychiatrically fit for same, but potentially unsuitable in accordance with NAVMILPERSMAN 3620225, the attending psychiatrist recommend consideration for administrative separation based on a personality disorder of such severity as to render the member incapable of serving adequately in the Naval Service. This recommendation requires counseling & documentation that the personality disorder interferes with the performance of duty. The member was clearly informed that admin separation was not guaranteed but that sole authority rested on the command.
921118:  Discharged from Naval Hospital Portsmouth, VA.

 921214:  Admitted to Naval Hospital, Portsmouth VA: Diagnosis: Chief Complaint - “Hopeless and overwhelmed by marital and occupational problems.” Pt referred himself for suicidal ideations in the context of marital and occupational problems. Pt was previously evaluated in Psychiatry Dept on 22 Jul 92 and was diagnosed with Occupational and Marital Problems and Immature and dependent Traits, Pt was returned to full duty. Pt second psychiatric evaluation for from 13 – 18 Nov 92 when he was admitted to 3E with Personality disorder order with Passive Aggressive and Dependent traits in crisis, secondary to impending NJP for negligence concerning destruction of a radar power supply aboard ship. Pt was discharged to full duty to parent command with recommendation for administrative separation. After returned to his command pt began experiencing the same symptoms of decreased sleep, appetite, and concentration. On the day of admission pt reports argument with spouse over financial concerns. He reports grabbing her by the hair but denies other physical abuse. Pt was also despondent about impending XOI the next day. He impulsively took Septra tablets and his wife brought him to Portsmouth Naval Hospital ER. Pt denied suicidal ideations but could not guarantee his safety against another impulsive action. Pt denied suicide attempts in the past. He denied past illicit drug use. Pt admits to infrequent alcohol usage.
Discharge Instruction: Return to full duty, medically and psychiatrically fit for same, but unsuitable for further military service. Attending psychiatrist advises expeditious administrative separation. The member is not considered mentally ill and returns to full duty. This individual does manifest a long-standing disorder of character and behavior which is of such severity as to interfere with his serving adequately in the Navy. Although not imminently suicidal for homicidal, he is a continuing risk to do harm to himself or others. Expeditious administrative separation in accordance with NAVMILPERSMAN 3620225, NAVMILPERSMAN INST 1910.1d, and NAVOP 013/87 is strongly recommended. In the examiner’s opinion, the pt does not possess a severe mental disease or defect for purpose of R.C.M. 706 examinations and is considered competent. In the opinion of the attending psychiatrist, the pt is not suicidal and has no wish to die. He is using suicidal threats and may in the future us suicidal threats or gestures in an attempt to manipulate the Navy into meeting his demands. Although it is possible that he may intentionally injury himself in a non-lethal manner, inadvertently hurt himself or conceivably accidentally kill himself in an attempt to coerce the Navy into giving him what he wants, he is neither depressed, psychotic, nor suicidal and is fully responsible for himself and his actions. He may go on unauthorized absence from his assigned station to avoid return to duty and if he does so is fully responsible for his behavior.
DISCHARGE DIAGNOSES: AXIS I: No diagnosis; AXIS II: Personality disorder NOS with Passive-Aggressive and Dependent Features; AXIS III: S/P Septra ingestion – uneventful; AXIS IV: Moderate – 3; AXIS V: 50
DISPOSTION: Return to full duty. Discharge to parent command.
921216:  Discharged from Naval Hospital Portsmouth, VA.

 921216:  NJP for violation of UCMJ, Article 92: Dereliction in the performance of duty.
         Award: Forfeiture of $550 per month for 2 months, restriction and extra duty for 45 days, reduction to E-4. No indication of appeal in the record.
921223:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of convenience of the government on the basis of a diagnosed personality disorder. [INFORMATION PROVIDED BY THE APPLICANT.]
921223:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected the right to obtain copies of the documents used to support the basis for the separation, to submit statement, and did not object to separation.
[INFORMATION PROVIDED BY THE APPLICANT.]
921223:  DD Form 214: Applicant discharge under honorable conditions (general) by reason of convenience of the government on the basis of a diagnosed personality disorder.

[PARTIAL DISCHARGE PACKAGE MISSING]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19921223 under honorable conditions (general) 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 1-3: The NDRB recognizes that serving in the Navy is very challenging.
Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. However, a characterization of service of general (under honorable conditions) is warranted when the member’s conduct or performance constitutes a departure from that expected of a Sailor. The Applicant’s service was marred by award of non-judicial punishment (NJP) for dereliction of duty. The Applicant’s conduct and performance, which form the primary basis for determining the character of his service, fall short of that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. Relief denied.

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. 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. E vidence of continuing educational pursuits, a positive employment record, and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted.

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), effective 15 Aug 1991 until 04 Mar 1993, Article 3620200, SEPARATION OF ENLISTED PERSONNEL FOR CONVENIENCE OF THE GOVERNMENT.

B. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 1991 until 04 Mar 1993, Article 3620225, SEPARATION OF ENLISTED PERSONNEL AT THE CONVENIENCE OF THE GOVERNMENT - 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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