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

 ex-MSSR, USN
Docket No. ND99-01128

Applicant’s Request

The application for discharge review, received 990824, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant listed a civilian counsel as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000522.  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 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

Issues defined in brief

1.  There were clear and demonstrable reasons why a fully honorable discharge should be given, based on this member's major depression and physical problems triggering the depression.
2.  This applicant's service was honorable, but for the absences caused by his mental and physical disabilities.
3.  Service Record
4.  Based on the medical records and reports submitted here, the additional facts of this case, and the applicable regulations and law, this member's discharge should be properly upgraded to fully honorable.
Documentation

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

Brief in support of application to Navy/Marine Corps Discharge Review Board
One hundred and eight pages from applicant's service/medical records
Copy of V.A. Records (87 pages)
Report from a psychiatric examination dated September 13, 1994 (2 copies)
Report from Ph.D. to an attorney at law dated March 25, 1996 (2 copies)
Report from Ph.D. dated January 19, 1996 (2 copies)
Copy of applicant's resume
Character reference dated October 5, 1997
Introduction by applicant dated August 10, 1997
Statement from applicant's father dated December 26, 1996 (2 copies)
Statement from applicant's mother dated December 28, 1996 (2 copies)
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	930224 - 930621	COG

Period of Service Under Review:

Date of Enlistment:  930622		Date of Discharge:  940407

Length of Service (years, months, days):

	Active:    00  09  16
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  91

Highest Rate:  MSSR

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:  7 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

940207:	Naval Medical Center, Narrative Summary: Chief Complaint:  Depression.  Discharge Diagnoses:  Axis I:  1. Adjustment disorder with mixed disturbance of emotions and conduct. 2. History of THC abuse. 3. Occupational problem. Axis II: Borderline personality disorder with avoidant and schizoid traits.  Axis III: Status post left varicocelectomy with chronic pain.

940311:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0800, 21Jan94 to 2250, 28Jan94 (7 days/surrendered), violation of UCMJ Article 87: Missing ship's movement on 21Jan94.
	Award:  Forfeiture of $200 per month for 1 month, restriction and extra duty for 20 days.  No indication of appeal in the record.

940317:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and convenience of the government due to personality disorder.

940317:  	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.

940318:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and convenience of the government due to personality disorder.  Commanding officer's comments (verbatim): MSSR (applicant's) missing ship's movement and severe personality disorder preclude his further retention in the naval service.  Based on the information contained in paras 1 through 13, I recommend that MSSR (applicant) be separated with a other than honorable discharge by reason of misconduct.

940330:	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 940407 under other than honorable conditions for misconduct due to commission of a serious offense (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

In response to the applicant’s issue 1, the applicant was found guilty at CO’s NJP of an unauthorized absence for 7 days and missing movement.  Missing movement is a court martiable offense.  When reviewing this discharge, the Board considered the extent to which the applicant’s “depression” and “physical problems” effected his performance and ability to conform to the military’s standards of conduct and discipline.  The Board does not consider the circumstances surrounding the applicant’s diagnosis or any medical treatment given to the applicant to be of sufficient nature to exculpate the applicant from his misconduct of record.  In fact, the Board sees 
no connection between the applicant’s medical condition and his misconduct.  Relief is not warranted.

The applicant states in issue 2 and 3 that his “service was honorable, but for the absences caused by his mental and physical disabilities.”  The Board, taking his service record into account, found that the applicant knowingly and willingly missed ship’s movement and went UA.  This incident unfortunately overshadows any honorable service and therefore the Board finds his characterization accurately characterized as other than honorable.  No relief is warranted in this issue.

In response to the applicant’s issue 4, the Board took into account the medical records, reports, and all documents submitted.  The applicant’s “depression” and “physical problems” do not change or excuse the fact that the applicant, fully capable of making decisions, went UA and missed ship’s movement.  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.  The Board will not grant relief based on this issue.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 
05 Mar 93 until 21 Jul 94, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

B.  Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article [e.g., 87, missing movement] if adjudged at a Special or General Court-Martial.

C.  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.  

D.  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.

E.  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