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

 ex-AEAN, USN
Docket No. ND99-00944

Applicant’s Request

The application for discharge review, received 990620, 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 000323.  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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  While serving my second tour of duty in the U.S. Navy I received a letter of academic achievement, letter of accommodation and sailor of the month VA-65.
I became ill during this time.  I was not sure what was going on but drinking went out of control.  My moods were up and down real bad.  I also started hearing voices.  I really didn't know what to think of the whole situation.  I left VA-65 and went home to sort the whole thing out.  I was then considered U.A. after some time I returned.
Christmas came around so they let me out on leave.  While at home I became very ill.  I went to the VA hospital at Lyons and stayed for some time.  I was given medications and was released.  I continued getting sicker and sicker.  I was considered UA all this time.  I got notification from Philadelphia to turn my self in, which I did.  I was then released from active duty.  I went home and became ill again.  I then went to the VA hospital again and they diagnosed me BI-polar psycho-effective.  I take allot of medications and I've not worked since 1991.  I receive social security benefits, which I live on.
I would like to be considered for an up-grade due to my mental condition.  I served my country honorably and I did it outstandingly until I got sick.
Your consideration is greatly appreciated.

Documentation

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

Copy of DD Form 214
Statement from applicant 

PART II - SUMMARY OF SERVICE

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

	Active:   USN			810420 - 850419	HON
		   USNR-R		840420 - 870413	HON
	Inactive: USNR (DEP)	810417 - 810419	COG
		   USNR (DEP)	870814 - 870823	COG

Period of Service Under Review:

Date of Enlistment:  870824		Date of Discharge:  910813

Length of Service (years, months, days):

	Active:    03  11  17
	Inactive:  None

Age at Entry:  27			Years Contracted:  6

Education Level:  14/12		AFQT:  65

Highest Rate:  AE3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.90 (2)		Behavior:  3.80 (2)		OTA:  3.90

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence: 577

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

880528:	UCC-NASO:  Assessment/Diagnosis: ETOH intoxication.  Disposition: Quarters for 24 hours.   Instruction to patient: S/Q X 24 hours - return 29May88 for re-check.  2. Released to PO2.  3. Recommend DAPA/CAAC eval.

880706:	NJP for violation of UCMJ, Article 134: Drunk and disorderly 1430, 28May88, violation of UCMJ Article 107: False official statement on 25Sep87, to wit: signing non-government vehicle registration form to indicate he was insured motorist.
	Award: Restriction for 45 days, reduction to AEAN.  No indication of appeal in the record.

880707:	Medical: Referred due to ETOH related NJP.  My recommendations are:  Level III treatment.  5 weekly AA meetings.  Comments: Psychiatric evaluation recommended by medical officer and CAAC counselor.

880921:	Retention Warning: Advised of deficiency (Driving under the influence and disorderly conduct.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
881005:	Applicant referred by squad DAPA for antabuse eval.  A: Alcohol dependence, Level III treatment pending.

881108:	Applicant referred to NARC for treatment and rehabilitation of alcohol dependence.

881216:	Applicant discharged from NARC.  Diagnosis: Alcohol dependence, in remission.  Disposition: Fit for full duty.

891008:	Applicant to unauthorized absence 0800, 8Oct89.

891125:	Applicant declared a deserter.  Unauthorized absence since 1900, 25Oct89.

891213:	Applicant from unauthorized absence 2300, 13Dec89 (66 days/surrendered).

891215:	Report of return of deserter.  Applicant apprehended by civil authorities on 25Oct89.  Returned to military control at 2300, 13Dec89.  Applicant currently in NAVHOSP Portsmouth, VA.

891222:	NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence 0800, 8Oct89 to 1400, 25Oct89 (66 days/apprehended), (2) Unauthorized absence 25Oct89 to 2300, 14Dec89, violation of UCMJ Article 134: Break restriction on 1900, 25Oct89, for a period of 51 days, violation of UCMJ, Article 111: Operate a vehicle, to wit: a passenger car, while drunk on 2300, 6Oct89.
	Award:  Reduction to AEAN.  No indication of appeal in the record. [Extracted from CO's letter dated 13 June 1991.]

900102:	Applicant to unauthorized absence 1900, 2Jan90.

900203:	Applicant declared a deserter. Unauthorized absence since 1900, 2Jan90.

900223:	VA discharge instructions: Diagnoses: Alcohol dependence, depression, tension headaches.

910520:	Applicant returned from deserter status 1230, 20May91 (502 days/surrendered).

910606:	Unauthorized absence from 2 January 1990 to 20 May 1991 will continue to be considered lost time for administrative purposes.

910613:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

910613:  	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.

910613:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. 

910708:	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 910813 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 reviewed the applicant’s statement in issue one and found it non decisional.  Relief 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 15560A), Change 8, effective 
21 Aug 89 until 14 Aug 91, Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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