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


FOR OFFICIAL USE ONLY


ex-CTR3, USN
Docket No. ND05-00289

Applicant’s Request

The application for discharge review was received on 20041130. The Applicant requests the Discharge 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 20050831. 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 and reason for discharge shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of convenience of the government on the basis of a diagnosed personality disorder .

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application and attached document/letter:

“To whom it may concern,

I respectively request that my General Discharge (under honorable conditions) be changed to an Honorable Discharge. At the present time I am enrolled at the Hallmark Institute of Aeronautics in San Antonio TX to achieve two associate degrees in applied science. One for Air mainframe and the other in Powerplant. After I achieve this goal I wish to apply to a company called L3 Communications based out of Greenville TX. The problem I am facing is prior military need to have an Honorable discharge to be employed due to the need of having a clearance. L3 does a lot of government contracts and a clearance is needed. With further explanation I hope that you would help in my dilemma.
The reason for my discharge is that I had a personality disorder that would have affected my Navel career. I wish to explain to you that this is furthest from the truth. My Captain at the time actually gave me a choice to stay in or to get out. Regretfully I chose the wrong choice. The biggest problem was my then wife. She made it very difficult to be in the Navy, in May of 2000 I was arrested for battery and domestic violence in Mayport FL. My ex wife and I had been in an argument which had gotten heated. She had threatened to leave me and take my two very young children away from me. In a desperate act I threatened to kill myself with a knife that I held to my wrist in front of her.
During the time of the argument, I did not realize she had a cell phone with my sister on the other end listening. Once I realized this, being embarrassed, I left my home and drove off. Now at the time I was living on base in Mayport FL in a mobile home. When I left, my ex wife called 911 to report that I was going to kill myself. I had no intention on doing this; I only claimed it because I did not want to lose my children. If I had not left the base this probably would have just stayed a military mailer. Instead I left the base and was arrested by Jacksonville police department. In a matter of six days I went from the Navel hospital in Jacksonville, to Shands psychiatric hospital and then right to jail to the psyche ward. After all was said and done the case was dismissed in the civilian sector. While I was detained my mother had gone to my ship and pleaded with the XO not to kick me out of the Navy. He told her it was not his decision but the Captains, and he assured her a fair and speedy Captain mast. The day I returned I went before the Captain. During the mast the captain did give me a choice of staying or getting out. Even if I stayed in he was not going to give me a bad punishment. I chose to get out to try to fix my failing marriage.
At that time I was unaware of the resources I could have used to stay in the Navy and also help my marriage. I know ignorance is no excuse but I felt I was doing the right thing. My military career was very important to me because all I wanted to do was excel. I started in deck department and after a year or so I struck for the rate of Mess Management Specialist. I attended the “A” school to help with my advancement and achieved Third Class Petty Officer. This I can tell you was one of my proudest moments. After five years as a cook, I was stationed at Corry Station in Pensacola FL. This was the first time I ever heard of a cryptologic technician. It did not take me long to realize that this is what I wanted to do. I had attended the CTR “A” and “C” school for direct support. Once I completed all of this I had reenlisted for five years. Please understand the last thing I wanted to do was to leave all my accomplishments behind.
Ladies, gentlemen, or both, I honestly did not want to kill myself or leave the Navy. My bad decisions were based on a fictional cure to my dyeing marriage. To make things worse, it ended up in divorce a year and a half later. So getting out of the Navy did me no good. I even tried to get back in but because of the R-3 code, no recruiter would touch me. I don’t blame them because all this sounds crazy to me as well. It’s a lot of drama but that is pretty much how it went. Also the only reason I did not go through my chain of command with all of this is because I am a very private person and felt it was nobody’s business. Another bad decision since now I am more humble with myself.
Before I felt my life was going nowhere but now after finding what I was looking for, for the first time, I feel I have a second chance in life. I am now remarried to a wonderful supporting wife. I am in school to start a new career and best of all, I found a new life with the Lord. Without his guidance, none of this would have taken place. So now if I may, back to my request, is it at all possible to change my discharge to an Honorable? Back during the time of the separation I can tell you that I don’t deserve one. Is it possible though for a man to change his ways and get back to a life he robbed from himself year’s back? There are many other companies I can choose from but L3 really sounds like everything I am looking for. So I beg you to help me achieve one more goal. I assure you I am not proud of my conduct in the past but I felt desperate. All I can say is that I apologize to my last command, all the people I affected and of coarse the Navy. All of them put a lot of time and energy and money into me and I let all of you and myself down. I don’t want to be punished any more though, so I beg you again, please could I have this discharge changed?

Your attention to this matter is greatly appreciated.

Respectfully,
[signed]
E_ M. H_ (Applicant) ”


Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214
33 pages from Applicant’s service/medical records

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PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Inactive: USNR   19921029 - 19921108      To Active Duty
         Active: USNR     19921109 - 19950313      HON
         USN     19950314 - 19990816      HON

Period of Service Under Review :

Date of Enlistment: 19990817             Date of Discharge: 20000502

Length of Service (years, months, days):

         Active: 00 08 16                           [Does not exclude lost time]
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: 8
         Confinement:              None

Age at Entry: 25

Years Contracted: 5

Education Level: 11                                 AFQT: 58

Highest Rate: CTR3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: NA*                  Behavior: NA*    OTA: NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214) : Meritorious Unit Commendation, Southwest Asia Service Medal, Navy “E” Ribbon, Expert Pistol Medal, National Defense Service Medal, Armed Forces Service Medal (2), Good Conduct Medal (2), Navy and Marine Corps Achievement Medal, Sea Service Deployment Ribbon

* Not Available

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

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

Chronological Listing of Significant Service Events :

990817:  Reenlisted this date for a term of 5 years.

000413:  Medical evaluation by psychologist, Naval Hospital, Jacksonville, FL
         Impression:
         AXIS I:          Marital Problems
                           Occupational Problems
         AXIS II:         Personality Disorder, NOS with antisocial traits
         Comments: Member manifests evidence of a personality disorder of such severity as to render him unsuitable for continued military service. He is judged an ongoing risk of self harm due to recurring thoughts of suicide and difficulty coping with life stressors. Therefore it is recommend that he be administratively separated by his Command – expeditiously – in accordance with MILPERSMAN 1910-120.
        
000420:  Medical evaluation by psychiatrist, Naval Hospital, Jacksonville, FL.
Discharge Diagnosis:
1)       Adjustment disorder with depressed mood and disturbance of conduct, provisional.
2)       Alcohol abuse, in remission, by history, provisional.
3)       R/O Mood Disorders.
4)       R/O Post traumatic stress disorder.
5)       R/O Personality disorder.
6)       R/O Alcohol dependence.
Discharge plans/recommendations:
1)       Patient will be transferred to Shand’s Hospital for further evaluation and disposition.
2)       Patient agrees to seek medical help if suicidal or homicidal ideations occur.
3)       The patient is considered fully responsible for his actions.
4)       Follow up appointment at U.S. Naval Hospital, Jacksonville, Fl on 25 April at 1400 hours, if patient is available for same.
5)       The above was discussed with the patient who understood.
6)       Point of contact is CDR T_, DSN [number deleted], COM [number deleted]
7)       Dr. D_ of Shands Hospital has agreed to accept pt for evaluation and disposition.

000428:  NJP for violation of UCMJ, Article 86.
         Specification: Unauthorized absence for a period of 8 days from 20 April 2000 to 28 April 2000.
         Award: Restriction for 45 days. No indication of appeal in the record. [Extracted from Commanding Officer’s letter dated 000613.]

000428:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general by reason of separation by reason of convenience of the government - personality disorder.

000428:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

000613:  Commanding Officer, USS VICKSBURG (CG 69), advised CNPC of Applicant’s discharge by reason of convenience of the government - personality disorder as evidenced by medical screening and personal matter.

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PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000502 by reason of convenience of the government on the basis of a diagnosed personality disorder (A) with a service characterization of general (under honorable conditions). 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 (B and C). The Board presumed regularity in the conduct of governmental affairs (D).

When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A general discharge 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. The Applicant’s service was marred by nonjudicial punishment proceedings for violating of Article 86 of the UCMJ. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The documentation and statements provided by the Applicant were not sufficient to overturn the presumption that the Applicant was properly diagnosed with a personality disorder. The Applicant was diagnosed with a personality disorder by a competent medical authority on 20000413. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Relief denied.

Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 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. As of this time, the Applicant has not provided any post-service documentation for the Board to consider. Relief is not warranted.

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 or any other evidence related to his discharge 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 27, effective
27 March 2000 until 13 Aug 2001, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s)

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023