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

       

ex-AN, USN
Docket No. ND99-01174

Applicant’s Request

The application for discharge review, received 990903, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The applicant requested a documentary record discharge review.  The applicant did designate the Veterans of Foreign Wars as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000606.  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 unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My Statement:  I think that while I was in the military I wasn't in the right state of mind.  What I mean by this is that I have sought medical attention from Doctor D_ and now I have had no problems mentally as long as I remain taking my medications.  When I was in the U.S.N. I was ignorant of the fact that I was somehow chemically inbalanced in the brain.  The doctor perscribed Depakote that aided me in regulating my emotional outburst of a pessimistic nature.  He also perscribed a drug called Zyprexa to slow down my racing mind and help me concentrate.  These mental  problems that were unknown of in the military and untreated, played a part in my actions which directly affected the type of discharge I received.  I honestly believe that if my mental condition was discovered and monitored I wouldn't have acted so profusely to stressful situations.  But we all know that the military doesn't except people with certain medical conditions.  It has been very difficult for me to find a good paying job with an Other Than Honorable Discharge, which is another important reason that I have requested an upgrade in discharge after six months.

Submitted by DAV:

2.  IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1), chapter 9, paragraph 9.3, Equity of Discharge, we ask the Board to consider the following factors:
•	A clinical psychiatric examination (page 3) conducted on February 24, 1998, concluded that the applicant was "unsuitable for continued military service due to personality disorder and potential for self-destructive behavior."
•	The applicant was discharged April 17, 1998.  Since that time, the applicant has been diagnosed and is being treated for bipolar disorder.  Reference Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (Pages 250-363).  This mental disorder is recurrent (page 353, paragraph 4, sentence 1) and a letter from the applicant's doctor dated August 13, 1999, stated that the applicant "was mentally ill in service and that his difficulties were from that cause."

3.  As a result, we ask the Board to consider the applicant's discharge IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1), Chapter 9, paragraph 9.2., Propriety of Discharge.

Documentation

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

DAV ltr of 22 Feb 00 with added issues and comments
Dr. M_ D_, M.D., Psychiatrist, statement dtd 13 Aug 1999
Copy of DD Form 214 (3 copies)
PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive:  USNR (DEP)	960924 - 961014	COG

Period of Service Under Review:

Date of Enlistment:  961015		Date of Discharge:  980417

Length of Service (years, months, days):

	Active:    01  06  03
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  10, but received a diploma from the Adult Education Center

Highest Rate:  AN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.0 (1)	Behavior:  2.0 (1)		OTA:  3.0  (5.0 eval)

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

Chronological Listing of Significant Service Events:

971121:	NJP for violation of UCMJ, Article 91:  willfully disobey an order; violation of UCMJ Article 117: provoking words; violation of UCMJ Article 134: disorderly conduct.
	Award:  30 days correctional custody unit.  No indication of appeal in the record.

971121:	Medical Dept, USS INDEPENDENCE:  Member was found fit for correctional custody.

980126:	Mental Health Clinic, USS INDEPENDENCE:  21 year old male being counseled by Chaplain for anger management - pt desires help with anger management.
	Diagnosis:  AXIS I: Occupational Problems, Relational Problems NOS, AXIS II - Narcissistic and Borderline Personality Disorder Traits 
AXIS III - No General Medical Condition.
Recommendation:  1 - Currently Pt is psychologically fit and suitable for continued active duty with no recommended limitations.  2 - Pt expressed interest in, and will be afforded, brief/short-term psychotherapy form on anger management and relationship skills.  Pt to also do daily 10-min therapeutic journaling.  3 - Pt consistently convincingly verbally contracts to not harm/kill himself/others, and agrees to use available emergency mental health services if such thoughts occur.  4 - Pt concurs with diagnosis and treatment recommendations.

980202:	Mental Health Clinic, USS INDEPENDENCE:  Pt did not show for scheduled follow-up today.  Pt to be contacted about rescheduling.  

980215:	Mental Health Clinic, USS INDEPENDENCE:  Pt, Pt's DivOff, Pt's LCPO and this provider met with pt in conference to clarify pt's short/long term goals.  Pt informed that although e could be written-up for UA charges (result of which would be C.O. mast for secondary times, his command was more interested in developing him rather than punishing him.  When asked pt stated he wanted to remain in the Navy.  Previous thoughts of jumping from ship were result of his feeling frustrated with current job and anxiety about upcoming AT3 test in 2 weeks.  Pt expressed relief that LCPO would help pt contact AT3 to help him study for AT3 test.  Pt restated that he was not suicidal.  Pt repeatedly told by command that he ad clean slate.  Pt alert and oriented throughout conference.  No complaints of neuroses symptoms of depression, anxiety, mania, psychoses.  Denied suicidal/homicidal ideation.  Judgment limited, impulse control adequate, insight - poor.
	AXIS I - Occupational Problems, relational problems, NOS, Malinger; 
	AXIS II - Personality Disorder NOS with Borderline & Narcissistic features;  AXIS III - None
	Pt scheduled for follow-up appoint at 1130, 980223.

980221:	Mental Health Clinic, USS INDEPENDENCE:  21 year old, single, white male, who jumped off ship (in water minutes before rescue, without medical injuries/complications) in a self stated attempt to "get off of the ship"  See medical record for psych eval dated 980126 and other follow-up notations.  Recommend inpatient psychiatric hospitalization for mood stabilization and follow-up observation/evaluation/treatment of exacerbation of borderline personality traits.
	Provisional Diagnosis:  AXIS I: Occupational Problems, Relational Problems NOS, Malingering (Provisional), AXIS II - Personality Disorder NOS with Borderline and Narcissistic features.
	Medevaced with escort to Naval Hospital Sigonella, IL for follow-up.

980223:	NAVHOSP Sigonella, Italy (Interim Discharge Summary), DR G. I. C_, MSC, USNR, Staff Psychiatrist:  Member admitted to hospital on 23FEB98 to the Mental Health Dept.  Acknowledged suicidal thoughts without plan or intent.  
	Diagnosis:  Personality Disorder NOS.  Condition of patient upon discharge:  Denied any suicidal or homicidal ideation.  
	Recommendation:  Administrative Separation
	Discharged:  27FEB98

980224:	Mental Health  Clinic, USNAVHOSP, Sigonella, IL eval while in hospital (DR B_ E. L_, PhD, Clinicial Psychologist, LCDR, MSC, USN):  This is a 21 year, single, white, male, E-3 with 2 years, 4 months of continuous active duty service.  He was referred for suicidal gesture (jumping overboard) and suitability for service.  Evaluation consisted of interviews by a corpsman and psychologist, life history questionnaire, mental status exam, review of records, psychological testing and review of history.  The pt agreed to participate voluntarily.  Pt has been onboard his ship for 1 year and 4 months.  Since reporting aboard, things have gotten progressively worse between himself and his co-workers and supervisors.  Pt reported that he got sick of doing the work and the "bullshit stuff a 3rd class petty officer told me to do, so I told him, straight up, f_ you!"  He was put in brig on Nov 15, 1997 for 30+ days.  After he got out of brig, re received report chits for being 10 minutes late and other minor offenses on various occasions.  Pt said "I hated people's attitudes in the Gulf.  They were plain dickheads, probably due to the stress and worry."  He also said, "I didn't like my job, [working with aircraft] on the flight deck.  People ran around crazy.......".  Pt reported that when his supervisors threatened to throw him back in the brig, he decided to jump overboard and swim for a nearby, local fishing boat.  Pt reported that while in the water, he was attacked by 2 sharks but was able to fight them off with out getting hurt.  Pt said, "If I get sent back to the ship, I'll jump off again.  I just want to get a civilian job, and write my books."  He reported that he earned "$90,000 on my last book", and that he has written another.  Pt stated that he is neither suicidal or homicidal.  Pt has chronic mood swings, and reported a history of loneliness and problems with impulsive angry outbursts.
	Past Psych Historty:  Pt reported seeing a psychologist (part of a social work system) after his father died when he was age 11.  Said psychologist later became his step-father.  Pt also evaluated while on board the Indy by psychologist and diagnosed with Occupational Problems, Relational Problems NOS, Malingering (Provisional), and Personality Disorder, NOS with Borderline and Narcissistic features.
	Diagnosis:  AXIS I:  DSM IV, v65.2, Malingering
	AXIS II:  DSMIV, 301.9, Personality Disorder, NOS with Narcissistic and Borderline features.
	AXIS III:  No known or reported medical conditions.
	Summary:  pt sufers from a long standing disorder of character characterized by a combination of extremely low self-esteem and a compensatory style of self-aggrandizement and grandiosity.  He is impulsive and potentially self-destructive.  He is interpersonally manipulative. He is unsuitable for continued military service.  The threat to harm himself if he is returned to duty is the very definition of malingering - the intentional production of a symptom for the expressed purpose of getting out of military duty.  Have had the opportunity to observe this patient in many circumstances because I accompanied him on flight from Bahrain to Sigonella.  He has maintained good control in awaiting transportation and in hospitalization.  However, strong leadership and direction  is still necessary my medevac flight crew.
	Recommendation:  1 - Pt is unsuitable for continued mil service due to personality disorder and potential for self-destructive behavior.  Expeditious Admin Sep is strongly recommended.  If returned to ship, he can not guarantee his safety.  2 - Pt not presently suicidal or homicidal and contracts for safety so long as he does not have to return to his ship.  He is entirely responsible for his actions in any circumstances.  Additional suicidal threats should be regarded as malingering.  3 - No follow-up by mental health is requested, however will be followed as long as he is at hospital awaiting medevac.  4 - Medevac to home port awaiting separation.  5 - Plan discussed with pt who understands.

980227:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidence by Commanding Officer's non-judicial punishment on 1 Nov 97 for violation of UCMJ, Article 92, for failure to obey a lawful order, and by reason of Convenience of the Government due to personality disorder as evidence by your Psychological Evaluation dated 24 Feb 98..

980302:	Applicant advised of his 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.

980310:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and personality disorder.

980420:	BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980417 under other than honorable conditions for misconduct due to commission of a serious offense (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).

The NDRB found the applicant’s issue that his mental health condition mitigated his misconduct to be without merit.  Relief is not warranted.

The NDRB considered the applicant’s second issue and found it to be without merit.  The NDRB found the applicant’s misconduct is not mitigated by his mental health.  Relief is not warranted.

The following is provided for the applicant’s edification.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  The applicant must be aware that 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 the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, 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, may be considered by the NDRB.  The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)
A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 
12 Dec 97 until Present, Article 1910-142  [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT- COMMISSION OF A SERIOUS OFFENSE.

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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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
		Washington Navy Yard
		720 Kennon Street SE Rm 309
		Washington, D.C.  20374-5023