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

 ex-AMEAA, USN
Docket No. ND99-01145

Applicant’s Request

The application for discharge review, received 990824, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to convenience of the government and change to RE-1.  The applicant requested a personal appearance hearing discharge review before a traveling panel.  The applicant listed CIVILIAN COUNSEL as his representative on the DD Form 293.  In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearings are held in the Washington, DC, area.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 001109.  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 4 to 1 that the character and the reason for 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 (verbatim):
1.  F______ S____ has asked for my help in preparing his DD Form 293, Application for Review of Discharge.  Mr. S____ enlisted in the Navy on July 23, 1990, when he was eighteen years of age.  He wished to follow the footsteps of his father, who retired as an 0-4 aircraft maintenance officer.

2.  From boot camp S_____ was assigned to Nuclear Power School (Orlando FL) but he was unable to maintain sufficient grades.  He was then assigned to AME School (Millington TN), where he graduated as class leader.  We enclose a 5/l/91 Letter of Commendation from the Commanding Officer.

3.  From school he went to VF-84 (Oceana VA) where he maintained F-14 aircraft.  At about this time S_____ began to feel uneasy and paranoid.  These feelings interfered with his ability to focus on his job, and they got worse.

4.  On November 19, 1991 S____ received NJP for underage drinking while off duty, off base.  We attach documentation of this offense and the punishment.

5.  After this offense S______ returned to being a good sailor.  In January 1993 he received a very favorable evaluation citing his skill, hard work and dependability.  However, he continued to feel paranoid and he began to imagine that he could hear others, including those in his chain of command, speaking about him.  These paranoid and irrational thoughts had begun to plague him, occurring often and uncontrollably.

6.  In March 1993 S_____ again received NJP, this time for both underage drinking and for wrongful use of a controlled substance (marijuana).  The mast led to the appointment of an Administrative Board.  The board unanimously agreed that S_____ had committed the offenses charged.  Two of the three board members recommended that S_____ be separated (by other than honorable discharge) but that the separation be suspended.  However, the commanding officer rejected this recommendation and ordered S_____ discharged under OTH conditions.  We attach the documentation.

7.  S_____'s course since his discharge has been erratic, although he has stayed out of serious trouble. (Please see Maine State Bureau of Identification endorsement on my February 23, 1999 letter: "No record against above name and description.") He has graduated from a two year trade school with a license in electrical repair.  He has gone from job to job, never being fired but being too troubled by his continuing illness to remain.

8.  By the winter of 1999 F____'s paranoia had increased to the point where he was suffering frequent auditory and occasional visual hallucinations.  His family was quite aware that their son was troubled and began to believe that he might suffer from serious mental illness.

9.  Finally, in February of 1999 Fred became a patient at Shoreline Community Mental Health Services in Brunswick, Maine.  F____'s medical file shows a frightening descent into the depths of schizophrenia, with suicidal, hopeless thinking and severe hallucinations.  I enclose a August 6, 1999 letter From Shoreline which outlines F____'s symptoms, diagnosis and treatment.  I am reluctant to provide the entire file, which details the irrational and inappropriate thoughts which have come to this man in his illness, and I ask that the letter suffice. (We will bring the Shoreline file to the hearing so that the panel may examine it, if it believes examination of the entire file is required.)

10.  The letter points out that F____'s mental illness probably began when he was about eighteen.  This was about the time he entered the Navy.  The letter also points out that individuals with this illness often drink or take drugs to try to quiet their irrational thoughts and hallucinations.

11.  I am a former Coast Guard deck officer, and I am the last man to accept easily the explanation that a person can be excused from his actions because of some emotional problem from his youth.  However, here we have evidence that F___ S____, when he was in the Navy, suffered from organic brain disease with which he could not cope.  In short, the medical record suggests that while in the Navy this man was an undiagnosed schizophrenic, and that he smoked pot and drank to cope with his disease.  Now he is under medication and he is only now beginning to socialize, make friends and get his life together.

12.  We ask that the Navy consider F____ S____'s mental illness as an extenuating circumstance which led to his misdeeds, and allow his discharge to be upgraded to honorable.  Thank you for your consideration.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Police record check letter
Mental Health evaluation letter
Training Documents (58pgs)
Reference letters (2)
Letter for recommendation
Copies of DD Form 214 (2)
Letter from Commanding Officer (2pgs)
Medical consultation letter
Letter of Deficiency (3pgs)
Service related documents (106pgs)

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	891023 - 900722	COG

Period of Service Under Review:

Date of Enlistment:  900723		Date of Discharge:  930615

Length of Service (years, months, days):

	Active:    02  10  22
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 (24 months extension)

Education Level:  12			AFQT:  77

Highest Rate:  AMEAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.90 (2)	Behavior:  3.70 (2)		OTA:  3.80

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  None 

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:

900724:	Retention Warning: Despite your defective enlistment and induction due to fraudulent entry into naval service as evidenced by your failure to disclose your pre-service civil involvement: Illegal use of fireworks, Brunswick, ME, July 85, released to sister.  Advised of consequences of further deficiencies, and issued discharge warning. 
911107:	NJP for violation of UCMJ, Article 92: Disobeying a lawful order to wit: by drinking underage.
	Award:  Forfeiture of $100.00 per month for 1 month, restriction and extra duty for 30 days, reduction to E-2.  No indication of appeal in the record.

911112:	Retention Warning: Advised of deficiency (Disobeying a lawful order by drinking underage), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

930316:	NAVDRUGLAB NORFOLK VA urinalysis report indicates applicant 			tested positive for THC.

930321:	NJP for violation of UCMJ, Article 92: Failed to obey lawful order to wit: underage drinking, violation of UCMJ Article 112a: Wrongful use of a controlled substance.
	Award:  Forfeiture of $457.00 per month for 1 month, reduction to E-2.  No indication of appeal in the record.

930323:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

930324:  	Applicant advised of his rights and having consulting with LNC, elected to appear before an Administrative Discharge Board.

930412:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed a serious offense, that the misconduct warranted suspended separation, and recommended discharge under other than honorable conditions.

930428:	Letter of Deficiency submitted by applicant’s counsel.

930508:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and commission of a serious offense.

930601:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

950313:	NDRB documentary record review Docket Number ND94-01074 conducted.  Determination:  discharge proper and equitable; relief not warranted.
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930615 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 and reason for discharge was proper and equitable (D and E).

The Board found that the applicant served two years and 10 months of a four year enlistment.  The applicant received two retention warnings for defective enlistment and disobeying a lawful order.  The applicant went to CO’s NJP twice for disobeying a lawful order and wrongful use of marijuana.  The CO then processed the applicant for administrative discharge based on mandatory discharge processing for drug use.  The Board found the applicant was given his proper rights and due process during his discharge processing.  The applicant was discharged 930615.

The Board found the applicant’s issues 1 through 4, and 6 are non-decisional issues.

The applicant’s issues 5, 7, 8 through 12 relate to the applicant’s post service diagnosis of schizophrenia in March 1999.  After reviewing the documents provided and including the testimony of Mr. S---- and his father, the Board found that the applicant’s discharge was proper and equitable.  When reviewing a discharge, the Board does consider the extent to which a medical problem, diagnosed or undiagnosed while on active duty, might effect an applicant’s 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 of schizophrenia or any medical treatment given to the applicant to be of sufficient nature to exculpate the applicant from his misconduct of record.  No relief will be granted based on these issues. 

The applicant requested that the reason for discharge be changed to Convenience of the Government and Change to RE-1.  As stated during the hearing, the Board has no authority to change re-enlistment codes or make recommendations to permit re-entry into the Naval Service or any other of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to re-enlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment.  Additionally, the applicant was discharged for commission of a serious offense.  No other reason for discharge would be appropriate, therefore the Board voted unanimously that the reason shall remain “Commission of a Serious Offense.”

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 92, failure to obey an order, Article 112a, wrongful use of a controlled substance 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