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

ex-FA, USN
Docket No. ND01-00650

Applicant’s Request

The application for discharge review, received 010409, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing discharge review before a traveling panel closest to Lubbock, TX.  The applicant did not designate a representative on the DD Form 293.  In the acknowledgement letter to the applicant, he was informed that the Naval discharge Review Board does not travel, all hearings are held in the Washington, DC are and that the Board first conducts a documentary review prior to any personal appearance hearing.  Subsequent to the application, the applicant obtained representation by the American Legion.

Decision

A documentary discharge review was conducted in Washington, D.C. on 011031.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB discerned no impropriety but found an inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall change to:  HONORABLE /CONDITION, NOT A DISABILITY, authority: NAVMILPERSMAN, Article 3620200.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  (Equity Issue)  As evidenced by award of a Letter of Commendation and increase in rate to FA out of Recruit Training as well as maintaining excellent grades in A school, this former member opines that his performance of duty and conduct meet Naval standards for a fully honorable characterization of service.  On this basis, he petitions the Board's relief.

2.  (Equity Issue)  This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.

Documentation

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

Letter of Commendation from CO, RTC, Great Lakes, IL of 28 Sep 95
Birth Certificate
High School Diploma Certificate
High School Transcript
Copy of DD Form 214 (2 copies)
Enlisted Performance Record page
Notification of Admin Discharge Action
CO's Recommendation for Discharge dtd Mar 21, 96
Administrative Remarks (NAVPERS 1070/611) (2 pages)
History of Assignment record page
Award record page
Navy Service Schools/military Training Course record page
Enlisted qualifications History record page
Enlisted Performance Record page

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	941201 - 950731	COG

Period of Service Under Review:

Date of Enlistment:  950801		Date of Discharge:  960416

Length of Service (years, months, days):

	Active:    00  08  16
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  93

Highest Rate:  FA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*	Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  None 

*No Marks Found in service record.

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

GENERAL (UNDER HONORABLE CONDITIONS)/CONDITION, NOT A DISABILITY, authority:  NAVMILPERSMAN, Article 3620200.

Chronological Listing of Significant Service Events:

960119:	Referred to MHU:  19 year old Caucasian male with chief compliant of sleep disturbances.  Pt relates walking in AM very tired and having difficulty staying awake in class.  Pt relates friends/roommates telling him that he "does things" (i.e. got up, packed his garment bag, then unpacked it and laid down to sleep again).  Pt relates past of similar episodes prior to entry n Navy.

960123:	Mental Health Dept, NAVHOSP, Great Lakes:  This 19 year old single, Caucasian, male with 6 months active duty referred by Medical for sleepwalking episodes.  Pt interviewed on Jan 23, 1996 and his Health Record reviewed.
	Mental Status Exam revealed an alert, oriented, cooperative male with appropriate behavior.  Speech coherent.  Was verbally impulsive and interrupted a number of times in interview.  He was in disbelief that he would be recommended for a Navy discharge for sleepwalking.  At times he was appeared exasperated, other times he was argumentative.  Mood was anxious and affect was guarded/suspicious/irritable.  Throughout the interview he insisted that he was not "crazy, stupid or a zombie (he though that is what a Sleepwalking Disorder implied.)."Cognitive and memory processes were grossly intact.  Delusions and hallucinations were absent.  Impulse control was intact.  Insight was good.  Judgment was adequate.  There was no signs of psychosis, mood disorder, anxiety disorder, or gross brain dysfunction.
	Diagnoses:
	Axis I:     Sleepwalking Disorder
	Axis II:    Deferred
	Axis III:   Headaches, Somatic Complaints
	Axis IV:   None
	Current GAF: 65.  Highest GAF past year:  69.  Based on reported history and current lack of suicidal ideation, suicide risk is judged to be low.
	Recommendation:  Consulted with Dr. L_ to see if pt needed a further work-up, Dr. L_ said "No. Not unless he wants treatment."
	Pt will be referred to Legal for admin separation for a Sleepwalking Disorder.  He does not want medication for his ADHD diagnosis and it does not appear to be interfering with his academic work or military responsibilities.  Pt will not be referred for any other treatment.

960312:	Voluntary Statement from D_ P. T_ witnessing applicant's sleepwalking.

960312:	Voluntary Statement from J_ C. H_, FA, USN, witnessing applicant's sleepwalking.

960318:	Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of convenience of the government due to a physical or mental conditions not a disability as evidenced by diagnosis of somnambulism.

960318:	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.

960321:	CO, SSC, Great Lakes, IL advised BUPERS that applicant was discharged with a General (Under Honorable Conditions) by reason of convenience of the government due to a physical or mental condition, not a disability - somnambulism.  Commanding officer’s comments (verbatim):  "On 19 January 1996, FA (Applicant) was diagnosed as suffering from a sleepwalking disorder and had been observed on several occasions by fellow shipmates to be sleepwalking.  This type of disorder is not compatible within the military environment and would make FA (Applicant) a potential threat to himself, if assigned to sea or isolated duty.  Pursuant to reference (a) (MILPERSMAN Chapter 36), I direct that Personnel Support Activity Detachment, Great Lakes separate FA (Applicant) from the naval service with a discharge characterized as General Under Honorable Conditions."

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960416 with a General (Under Honorable Conditions) for convenience of the government due to a physical or mental condition, not a disability. (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 but inequitable (C and D).

The Board carefully reviewed the applicant’s service record, issues, and additional documentation and found the applicant’s service warranted characterization as honorable.  Although the record had no performance evaluations for the Board to review, the applicant provided a Letter of Commendation awarded for scholastic achievement (highest scholastic grade point average in division) while on active duty.  The applicant’s record had no adverse information, and the applicant was discharged for sleepwalking.  The Board found the General (Under Honorable Conditions) characterization inequitably assigned.  Relief is granted.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C, Change 13, effective 960624 - 961002),  Article 3620200, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT.

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 “afls10.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