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

 ex-MSSA, USN
Docket No. ND99-00765

Applicant’s Request

The application for discharge review, received 990517, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000417.  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 average conduct and efficiency ratings behavior marks were good or pretty good.  I was always pretty good at my job and my military bearing was good.

2.  I recieved awards from my promotions and I recieved decorations. I recieved awards for my promotions to seaman apprentice and seaman.  I recieved decorations for National Defense, Navy Battle E and Sea Service deployment.

3.  My record of promotions showed I was generally a good service member.

4.  I was so closed to finishing my tour that it was unfair to give me a bad discharge.  I only had one year left and some of my superiors did not encourage me or help me to hold on and finish my tour.

5.  My record of AWOL/UA only minor or isolated offenses.  I was marked UA twice, but the second time I had to stay out longer due to a car accident, but my command made the decision and I was court martialed, but my punishment was minor.

6.  Personal problems impaired my ability to serve, because I was not getting respect for things I done and also I was taken advantage of, because I was young in rank.

7.  Certain other problems impaired my ability to serve lack of training, language, atitudes and common courtesy impaired my ability to serve.

8.  My discharge was based on many offenses but they were mostly minor offenses.
     1) My discharge was based on UA status and court martial and medical recommendations and captain's mast, because my shipmates drove me too far. I also believe my division officer and some of my division staff had something to do with my discharge, because I was considered a threat to myself and the military, because of my atitude.

9.  My enlistment option was not satisfied or waived, because I was never interviewed and no one brought the the option of changing my enlistment to my attention.

10. Othe reasons
     1) I believe my discharge was forced on me, because I made a few wrong decisions and I was not properly counseled or evaluated about the decision.
     2) I felt like I was set up and not properly screened, because I was classified a schizofrenic and unable to adapt to military life, but I made out pretty well until 1998 please reconsider and closely examine my records carefully or if needed please set up a private counseling session and evaluation to see if I am unfit to be in the military.

Documentation

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

Copies of DD Form 214 (Member 1 and 4)
Statement from applicant (see back of DD Form 293)

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	950630 - 951126	COG

Period of Service Under Review:

Date of Enlistment:  951127		Date of Discharge:  980206

Length of Service (years, months, days):

	Active:    02  02  10
	Inactive:  None

Age at Entry:  24			Years Contracted:  4

Education Level:  12			AFQT:  35

Highest Rate:  MSSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF			Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, NER, SSDR

Days of Unauthorized Absence:  65 

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:

970215:	Applicant to unauthorized absence 0600, 15Feb97.

970219:	Applicant from unauthorized absence 1340, 19Feb97 (4 days/surrendered).

970707:	Applicant to unauthorized absence 0715, 7Jul97.

970709:	Applicant from unauthorized absence 1819, 9Jul97 (2 days/surrendered).

970718:	Applicant to unauthorized absence 0715, 18Jul97.

970818:	Applicant's missed ship's movement.

970819:	Applicant declared a deserter. 
 
970915:	Applicant from unauthorized absence 0715, 15Sep97 (59 days/surrendered).

971030:	Psychiatric evaluation: Assessment/Plan: Axis I: None.  Axis II: Personality disorder NOS with antisocial traits.  Axis III: S/I partial amputation Right 3rd digit.  Will set up with psych eval when psychiatrist on board.  Pt agreed not to harm self or to F/V if thoughts of harming himself _____.  D/W LPO will work on improving communication skills between pt and peers, supervisors.

971129:	Confinement physical: Found fit for confinement.

971211:	Psychiatric evaluation: A: Schizotypal personality disorder R/O Psychosis.  Rec: Further testing and evaluation when possible.  Fitness/suitability for service is very tenuous.

980106:	Psychology Division: Diagnosis: Schizotypal Personality Disorder. Recommendations: Expeditious administrative separation is strongly recommended.

980113:	NJP for violation of UCMJ, Article 117: Provoking speech on 24Dec97, violation of UCMJ Article 128: Aggravated assault with a knife on 24Dec97.
	Award:  Forfeiture of $200 per month for 2 months, restriction and extra duty for 30 days, reduction to MSSA.  No indication of appeal in the record.

980121:	BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

Discharge package missing.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980206 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).

Regarding the applicant’s first three issues, the Board reviewed the applicant’s entire service record and found no evidence or mitigating circumstances to suggest that the applicant’s service outweighed his misconduct.  

The Board disagreed with the applicant’s contention that it was unfair to discharge the applicant with a year left on his contract.  The applicant committed a serious offense and should be held accountable for his actions.  Relief is denied.

Concerning the applicant’s fifth and eighth issue, the Board reviewed the applicant’s record of misconduct.  Over a period of less than one year, the applicant missed ship’s movement, was declared a deserter, and was found guilty of aggravated assault.  For the applicant to contend that these incidents are minor or isolated is ludicrous.  Relief is denied.

Responding to the applicant’s seventh, ninth, and tenth issue, the Board found that the applicant’s age, education level, and test scores qualified him for enlistment.  While he may feel there were impediments to his service, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.

Also concerning the applicant’s tenth issue, a medical diagnosis, whether proper or improper is not an issue upon which the NDRB can grant relief.  When reviewing a discharge, the NDRB does consider the extent to which a medical problem might effect an applicant’s performance and ability to conform to the military’s standards of conduct and discipline.  The NDRB does not consider the circumstances surrounding the applicant’s stated condition to be of sufficient nature to exculpate the applicant’s misconduct.  Relief is not warranted.

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