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NAVY | DRB | 2006_Navy | ND0600053
Original file (ND0600053.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-FC3, USN
Docket No. ND06-00053

Applicant’s Request
The application for discharge review was received on 20051005. 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 20060721. 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) by reason of convenience of the government on the basis of a diagnosed personality disorder .

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 No issues were submitted by the Applicant.

 Documentation
Only the service and medical records were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19940527 – 19941206               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19941207             Date of Discharge: 20000107

 Length of Service (years, months, days):

         Active: 05 01 01
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: None
         Confinement:              None

 Age at Entry: 19

 Years Contracted: 4 (24 month extension)

 Education Level: 12                                 AFQT: 81

 Highest Rate: FC3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.4 (1)              Behavior: 3.4 (1)                          OTA: 3.4

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Sea Service Deployment Ribbon (2), Battle “E” Ribbon, Navy and Marine Corps Achievement Medal, Letter of Commendation, National Defense Service Medal.


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 :

951012:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order.
         Award: Forfeiture of $199.00 pay per month for 1 month (suspended for 6 months), restriction and extra duty for 7 days. No indication of appeal in the record.

951017:  Retention Warning: Advised of deficiency (Violation of Article 92, UCMJ: Failure to obey), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
970706:  Retention Warning: Advised of deficiency (Article 134: wrongful previous overindulgence in intoxicating liquor or drugs), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 970828:  NJP for violation of UCMJ, Article 121: Larceny and wrongful appropriation, In that FC3 R_ P. M_ (Applicant), U. S Navy, USS MOBILE BAY (CG 53), on active duty, did, on board MOBILE BAY located at Harbor Master Pier, Yokosuka Japan, in the month of July 1997, steal a Case Logic CD case containing 35 CD computer games and 2 3-1/4 inch floppy disk computer games, of a value of about $1,285.00, the property of FC2 M_.
         Award: Restriction and extra duty for 30 days, reduction to E-3 (suspended for 3 months). No indication of appeal in the record.
970828:  Retention Warning: Advised of deficiency (Article 121, Larceny and wrongful appropriation), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

991207:  Mental Health Clinic Evaluation by J. E. S_, CDR, MC, USN, Staff Psychiatrist, U.S. Naval Hospital, Yokosuka, Japan:
DX: AXIS I: Partner – Relational Problem
AXIS II: Dependent Personality Disorder
AXIS III: None
AXIS IV: Geographic Separation from family
AXIS V: GAF:51
Soc History: Patient was born and raised in Cal & Ohio to intact family. Average childhood. No history of abuse. Oldest of 3 children, average student. Socialized well. Worked and wrestled when not in class. Was a father at age 15. Son was shot age 1 ½ years of age. Married for 4 years. Has 3 ½ and 2 months old children. Wife was descreened and returned to CONUS earlier this year.
Recommend:
1. Patient does not have the psychological fortitude to be effective in his job to resolve his marital problems while geographically separated from his wife. It is therefore predictable he will not be effective in the performance of his duties.
2. He has some insight into his shortcomings and inability to resolve his marital problems while geographically separated from his wife which has led him to the conclusion he needs to get home by any means possible and his dependency and low value in himself means he will do “whatever it takes” which includes destroying his navy career to achieve his goal of getting home. This indicates that any type of adversive behavior modification will be ineffective in correcting the behaviors he does that led to his goal of discharge. That is, he wants to get into trouble to get discharged and the threat of punished well not stop him.
3. Although not currently suicidal his dependency and low self-worth make him a chronic risk of suicide or self-destructive, behavior during this current situation, presently he does not require hospitalization and can be followed on an out patient basis. He is therefore returned to his command. His choices of supports and resources to use when he feels overwhelmed were reviewed.
4. Since it is the underlying personality structure leading to his symptoms and his wife was descreened several months ago, the command can: a.) reassign servicemember in accordance with ENLISTRANSMAN, Chapter 18 since it was strongly recommended that he accompany his wife when she was descreened and it was predictable that relationship problems would evolve because of her diagnosis. b.) Processes the patient for ad separation in accordance with MILPERSMAN 1910-122 for personality disorder.
5. Patient to F/U in MHC later this week.
991216:  Mental Health Evaluation by Commander J_ E. S_, U.S. Naval Hospital, Yokosuka, Japan:
Diagnosis:
AXIS I: No Diagnosis
AXIS II: Dependent Personality Disorder
AXIS III: No General Medical Condition

Petty Officer M_ (Applicant) is deemed unsuitable for continued military service based on the above diagnosis. The evaluation reveals cognitive distortions, a low self-esteem, and fears of abandonment that will interfere with his ability to effective perform his duties. Therefore, this service member’s personality disorder is considered so severe that it is significantly impairing his effective functioning in the military environment. In addition, Petty Officer M_ (Applicant) is considered potentially dangerous to himself based upon his recent history of suicidal ideation combined with poor self-esteem, feelings of inadequacy, and lack of coping skills and social supports.

Recommendations: Process for expeditious administrative separation in accordance with the MILPERSMAN l910-l22 for Personality Disorder. The service member does not have a severe psychiatric illness which would warrant a medical discharge; however, he manifests a longstanding disorder of character, behavior and adaptability that is of such severity so as to preclude adequate military service. Currently he is at a risk for self-destructive and suicidal behavior due to his difficulty adapting to his present situation and separation from his wife and family. Due to the pattern of maladaptive responses to routine personal and work related stressors, this risk of dangerousness to him is considered persistent and will only be lessened when he returns to the States and addresses the marital issues.

991217:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government as evidenced by personality disorder.

991217:  Commanding Officer, USS MOBILE BAY, recommended to Chief of Naval Personnel, that the Applicant be discharged with a general (under honorable conditions) by reason of Involuntary Convenience of the Government due to physical or mental conditions as evidenced by his documented mental health consultation of 7 Dec 1999. Commanding Officer’s comments: “Petty Officer M_ (Applicant) is deemed unsuitable for continued military service based on the diagnosis in his Mental Health Evaluation. The evaluation reveals cognitive distortions, a low self-esteem, and fears of abandonment that will interfere with his ability to effectively perform his duties. Therefore, his personality disorder is considered so severe that it is significantly impairing his effective functioning in the military environment. In addition, Petty Officer M_ (Applicant) is considered potentially dangerous to himself based upon his recent history of suicidal ideation combined with poor self-esteem, feelings of inadequacy, and lack of coping skills and social supports. Petty Officer M_ (Applicant) manifests a long-standing disorder of character, behavior and adaptability that is of such severity so as to preclude adequate military service. He is at risk for self-destructive and suicidal behavior due to his difficulty adapting to his present situation and separation from his wife and family. Due to the pattern of maladaptive responses to routine personal and work-related stressors, this risk of dangerousness to him is considered persistent and will only be lessened when he returns to the states and addresses the marital issues. [Applicant] is being sent to Transient Personnel Unit, Great Lakes, IL, for final separation processing.

000105:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of misconduct due to the commission of a serious offense and convenience of the government due to personality disorder.
000105:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

000110:  Commanding Officer, Transient Personnel Unit, informed Commander, Navy Personnel Command, that the Applicant was discharged with a general (under honorable conditions) character of service by reason of convenience of the government due to personality disorder. Commanding Officer’s comments: “FC3 M_ (Applicant) appeared before non-judicial punishment proceedings as detailed in paragraph 1d above; offenses which normally world warrant an Other Than Honorable Discharge. Subsequently he was given a page 13 counseling/warning. To date, he has not violated that warning and I have determined that the sole basis for processing him at this time is due to his diagnosed personality disorder. Thus, I authorized separation of FC3 M_ (Applicant) with a General Discharge by reason of convenience of the government due to personality disorder.”

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20000107 by reason of convenience of the government on the basis of a diagnosed personality disorder (A and B) 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 (C and D).

The Applicant submitted no issues for consideration.

 The Applicant was diagnosed with a personality disorder by a competent medical authority on 19991216. The evidence reviewed did not persuade the Board that this diagnosis and subsequent administrative separation was improper or inequitable. 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 three retention warnings and two nonjudicial punishment proceedings for violations of Articles 92, 121 and 134 of the UCMJ. Violations of Articles 92 and 121 of the UCMJ are serious offenses. 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 following is provided for the edification of the Applicant. 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 denied.

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. 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 24, effective
20 May 99 until 26 March 2000, Article 1910-122 (formerly 3620225), Separation By Reason of Convenience of the Government - Personality Disorder(s)

B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 92, failure to obey order/regulation or Article 121, larceny.

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

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

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

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