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

ex-SR, USN
Docket No. ND01-00585

Applicant’s Request

The application for discharge review, received 010327, 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 010808.  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 HONORABLE CONDITIONS (GENERAL)/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I am asking for this board for a change of discharge because of reasons that were strictly medically related and beyond my control.  Upon arriving for active duty on the USS FOX, CG-33 I experienced a severe case of "seasickness" which impeded my ability to perform duties assigned to me while underway.  For over a year I worked with the medical staff on the Fox to alleviate this complication and it affected my health because of rapid weight loss, and the inability to eat without vomiting. Eventually our commanding officer recommended for my separation for this purpose.  Shortly after we had a change in command and our new commanding officer decided against discharging me for the same reasons. Our ship was due to leave for Hawaii approximately June 1991 and physically I was extremely weak and unable to perform even simple assigned duties.  And it is this reason I "missed ships movement" (The offense I was charged with) I felt it was my only option after several failed attempts for my release by the new command.  Eventually I was granted a discharge "under honorable conditions" and therefore makes me ineligible for any of my military benefits I previously applied for.  So again  Im requesting for this board to consider changing my status to "honorable". Had it not of been for this medical reason Im confident I would of fulfilled my military obligation.  Thank you

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	900404 - 900704	COG

Period of Service Under Review:

Date of Enlistment:  900705		Date of Discharge:  910906

Length of Service (years, months, days):

	Active:    01  02  02
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  39

Highest Rate:  SR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*	Behavior:  NFM*		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):

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

910207:	A: Chronic motion sickness.  P: Bedrest for 24 hours.  Fluids.  Compazine supp.  RTC AM.

910211:	A: Motion sickness. P: Bedrest to reveille.  RTC AM sickcall.  Refer to MO on return to port.

910212:	A: Seasick.  P: Compazine 10 mg___, Bedrest for 24 hours.

910215:	A: Motion sickness.  P: ENT consult (not needed)  OFF ship now  TPU.

910215:	Applicant to ENT with chronic motion sickness, needs otolanyngascopic exam prior to admin separation.  Discussed with doctor.  Resubmitted 17Jun91.

910219:	Retention Warning:  Advised of deficiency:  Missed movement of this vessel from San Diego, California.  On 19 Feb 1991, en route to Pearl Harbor, Hawaii.  SR (applicant), was informed ahead of time the ship's requirement to get underway for Pearl Harbor, Hawaii on the morning of 19Feb91., notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	Extracted from CO's message dated 20Aug91.

910305:	A: Motion sickness.  P: Continue Transdern.  RTC AM for follow up.  Bedrest for 24 hours.

910306:	A: Motion sickness.  P: Continue Transdern.  Bedrest. RTC AM sickcall.

910308:	Applicant return to sickbay on a daily base with complaints of nausea and vomiting x 5 since yesterday.  A: Motion sickness. P: Bedrest with increase fluids will check on pt later this afternoon.

910308:	NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 87: Missing movement on 19Feb91.
	Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 10 days.  No indication of appeal in the record.

910311:	A: Motion sickness.  P: Continue Transdern scap.  Bedrest x 24 hours except for chow, head and H2O.

910314:	Applicant returns to sickbay continues motion sickness.  States he had vomited x 7.  A: Chronic motion sickness.  P: Compazine suppositorie.  Increase fluid intake.  24 bedrest RTC in AM or PRN will refer o MO.  Upon return to S.D.

UNDATED:	Applicant reports motion sickness, which he states is chronic.  Ship underway 15 hours before having nausea or vomiting to point of dry heaving....A: Motion sickness ? psychosomatic.  P: Compazine 10 mg (PR), increase meclizine to 25 mg Q/D.  RTC prn.

910408:	MO - COMNAVSURFPAC: Review of several nights consistent with Transient sea sickness...responds to meclizine. Fit for full duty and sea duty.

910507:	Continued motion sickness requesting more treatment.  Will try Trans Derm Scop with Meclizine.  Counseled on things to avoid.  Return if continues.

910508:	Applicant returns for motion sickness.  Member removed Trans Derm Scop Patch.  Reports using crackers and advise but not getting relief.  Removed patch because he reports it was making him drowsy.  Currently taking Meclizine 25 mg Q6.  This AM took 2 tabs vs 1 of own accord.  A: Motion sickness.  P: Will work with member for req to non sea intensive rate.

910528:	A: Chronic motion sickness. P: To MO for eval and disp.  Ship gets underway 5/29/91.

910528:	Pt previously evaluated here with referral to ENT.  Pt evaluated by doctor, COMNAVSURFPPAC 8Apr - fit for sea duty.  Rec re-eval by COMNAVSURFPAC medical prior to any further eval.

910604:	Medical Entry: A: Motion sickness _____  P: (1) I.V. LR 1 liter, (2) Benadryl 50 mg p.d., (3) Bedrest F/U in 24 hr or as needed, (4) Return as needed.  I.V. Dc'd.

910701:	Medical: A: Motion sickness - failed multiple conservative rx - scopolamine etc.  P:  Not fit for duty due to motion sickness.  Recommend discharge per parent command.

910701:	Medical evaluation: Evaluated as having chronic motion sickness.  Unfit for duty due to sea sickness.  Recommend discharge as soon as possible.  Extracted from CO's message dated 20Aug91.

910717:	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 by reason of convenience of the government due to motion sickness as evidenced by service and medical record entries.

910717:  	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.  Applicant's statement dated July 18, 1991 found in service record.

910820:	Commanding officer recommended discharge honorable by reason of misconduct due to the commission of a serious offense and by reason of convenience of the government due to motion sickness.  Commanding officer’s comments (verbatim): Recommend an honorable discharge.  SNM has one of the most serious cases of sea sickness I have encountered as documented in his medical record by numerous consultations by the ship's medical department representative. His fear of this acute ailment lead to the commission of a serious offense (ie: the missing movement).  SNM has been enlisted too long to be eligible for an entry level separation.  Wherein most missed movement cases would justify an other than honorable discharge, this case is n exception and has my recommendation for an honorable discharge.  SR (applicant) missed movement out of fear for the symptoms he would suffer while underway.  He turned himself in to the Transient Personnel Unit San Diego, after missing movement.  To clarify the information given in para 10, above, SNM was not previously recommended for administrative separation for motion sickness.

910903:	BUPERS directed the applicant's discharge under honorable conditions (general) 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 910906 under 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 applicant’s issue states:  “I am asking for this board for a change of discharge because of reasons that were strictly medically related and beyond my control.  Upon arriving for active duty on the USS FOX, CG-33 I experienced a severe case of "seasickness" which impeded my ability to perform duties assigned to me while underway.  For over a year I worked with the medical staff on the Fox to alleviate this complication and it affected my health because of rapid weight loss, and the inability to eat without vomiting.

Eventually our commanding officer recommended for my separation for this purpose.  Shortly after we had a change in command and our new commanding officer decided against discharging me for the same reasons.

Our ship was due to leave for Hawaii approximately June 1991 and physically I was extremely weak and unable to perform even simple assigned duties.  And it is this reason I "missed ships movement" (The offense I was charged with) I felt it was my only option after several failed attempts for my release by the new command.  Eventually I was granted a discharge "under honorable conditions" and therefore makes me ineligible for any of my military benefits I previously applied for.  So again I’m requesting for this board to consider changing my status to "honorable". Had it not of been for this medical reason I’m confident I would of fulfilled my military obligation.  Thank you.”

The Board found the applicant was processed for commission of a serious offense and convenience of the government due to motion sickness.  The Board found no impropriety or inequity in the discharge.  The applicant’s misconduct –commission of a serious offense- outweighed his otherwise creditable service.  Relief is denied.

The NDRB is authorized to consider post-service factors in the re characterization of a discharge.  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 failed to provide documentary evidence to demonstrate his sobriety, positive community service, employment history, and clean police record.  Relief is not warranted.

The applicant 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 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 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