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

 ex-MMFN, USN
Docket No. ND02-00612

Applicant’s Request

The application for discharge review, received 020408, requested that the characterization of service on the discharge be changed to honorable.  The Applicant requested a documentary record discharge review.  The Applicant listed the Texas Veterans Commission as the representative on the DD Form 293.  On 020730, NDRB wrote to the Texas Veterans Commission to give them the opportunity to submit issues in behalf of the Applicant.  Texas Veterans Commission submitted no issues as of 020905.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030116.  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: GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  At the time of my behavior that led to my Under Honorable Conditions discharge I was suffering and still am from acute panic attacks.  I was a good sailor before the onset of my illness.  I was not properly diagnosed or medicated for my condition while in the Navy and was not responsible for my behavior and actions.  Study the medical history that is enclosed.  Those progress notes support my conditions.

Documentation

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

Letter from BCNR dated February 15, 2002
DD Form 149, Application for Correction of Military Record dated October 25, 2001
Eligibility Verification Screen dated April 19, 2000 (back page belongs to someone else)
Letter from Department of Veterans Affairs re: compensation claim dated September 14, 2000
Veteran's Application for Increased Compensation Based on Unemployability Form 21-8940 dated September 15, 2000
Letter from Department of Veterans Affairs dated September 14, 2000 re: increased compensation claim dated September 27, 2000
Thirty-eight pages of medical records

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	960822 - 970121	COG

Period of Service Under Review:

Date of Enlistment:  970122		Date of Discharge:  000411

Length of Service (years, months, days):

	Active:    03  02  20
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  12			AFQT:  43

Highest Rate:  MM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.50 (2)	Behavior:  2.50 (2)		OTA:  2.92

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

Chronological Listing of Significant Service Events:

981030:	NJP for violation of UCMJ, Article 91: Disrespectful language toward DC2 on 15Aug98, to wit: You are a P---- for going to the Masters-At-Arms, violation of UCMJ, Article 128: Simple assault on MRFN on 15Aug98, to wit: by grabbing and pulling on her, violation of UCMJ, Article 134 (2 specs): (1) Disorderly conduct, drunkenness on 15Aug98, (2) Communicating a threat to DC2 on 15Aug98, to wit: by saying "I am over 21 and you see it on my ID.  I am going to kick your ass"
	Award:  Forfeiture of $540 per month for 1 month, restriction and extra duty for 15 days, admonition, reprimand.  No indication of appeal in the record.

981030:	Retention Warning:  Advised of deficiency (Captain Mast: 30Oct98.  Charges: Article 91 - Disrespect toward petty officer, Article 128 - Simple assault, Article 134 (2 specs) (1) Disorderly conduct, drunkenness, (2) Communicating a threat.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

990326	Psychiatry Note extract:  Patient (Applicant) currently in SARD for treatment of alcohol dependence and referred to Psych for Med. Assessment after he was diagnosed to have history of panic disorder with agoraphobia during screening…During the interview, patient (Applicant) reported having panic attacks since age 15…Recommend start Paxil daily.

991129	Medical Record.  Consultation Sheet.  [Applicant] with history of alcohol abuse and panic disorder presents with worsening anxiety and panic attacks.  Patient (Applicant) s/p SARD for alcohol dependence.  Pt (Applicant) started Paxil, but discontinued on own.

991129	Fleet Mental Health Unit, Branch Medical Clinic Naval Station San Diego Initial Assessment.  Diagnostic Assessment:  Axis I: Alcohol Dependence, Panic Disorder and Agoraphobia, EPTE; Axis II: No Diagnosis, obsessive-compulsive features; Axis III: No Diagnosis; Axis IV: Problems related to fear of panic recurring and self-imposed restrictions in activities related to same, routine military stressors; Axis V (current): 51-60 Moderate symptoms or difficulty in functioning; Axis V (highest past year): 51-60 Moderate symptoms or difficulty in functioning.  Recommendations: The patient (Applicant) is currently psychiatrically fit for full duty and responsible for his actions.  Recommend that the patient (Applicant) be TAD from his next underway period (06-17 DEC) so that he can participate in treatment services and be prepared for the ship’s deployment on WestPac in JAN 00.  Patient (Applicant) to return for individual follow-up with LT F_ at FMHU on 30 NOV at 1000.  Patient (Applicant) to attend Stress Management Class at FMHU 06 and 13 DEC at 1300-1500.  Patient (Applicant) agrees to become and remain abstinent from alcohol, to attend AA meetings 3-5 times per week, and to actively work the 12 steps of AA in his daily life.  Patient (Applicant) is aware of and concurs with the above plan.  The patient (Applicant) was informed of the contents of this report.

000118	Applicant presented to Fleet Mental Health Unit, Branch Medical Clinic Naval Station San Diego with concerns about pending deployment.  Diagnosis: Panic Disorder with Agoraphobia; Alcohol Dependence.  Staff Psychologist’s notes:  “I assured pt (Applicant) he already possesses the Cog-B understanding and skills to apply to managing his symptoms, and that his condition is not of a magnitude to make him unfit for duty.  Encouraged pt (Applicant) to do his best and keep his Med Dept appraised of any further probs.”

000209	Applicant presented USS BONHOMME RICHARD (LHD-6) Medical Department.  Diagnosis: Anxiety Disorder with Agoraphobia, Alcohol Dependence, remission.  Applicant reports drinking in moderation. Follow-up counseling recommended.

000215:	Retention Warning:  Advised of deficiency (Substandard performance through prior indulgence of alcohol resulting in a related assault and drunk and disorderly conduct.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

000224:	Applicant completed alcohol treatment and directed to participate in a formal aftercare program.

000324:	NJP for violation of UCMJ, Article 92: Disrespect toward a CPO on 2145, 26Feb00, to wit: by saying: "None of your fucking business," violation of UCMJ, Article 128: Simple assault on MS3 on 2145, 26Feb00, to wit: grabbing her arm, violation of UCMJ, Article 134: Disorderly conduct on 2145, 26Feb00. 
	Award: Forfeiture of $642.30 per month for 2 months, restriction and extra duty for 45 days, reduction to MMFN.  Forfeiture for 1 month suspended for 6 months.  No indication of appeal in the record.

000325	Applicant presented USS BONHOMME RICHARD (LHD-6) Medical Department.  Extract from physicians comments:  …Patient (Applicant) involved in incident in Thailand in which he ‘disrespected’ a CPO and ‘assaulted’ his girlfriend…patient (Applicant) has been unable to practice relaxation exercises…patient (Applicant) feels he won’t be able to focus on getting better until back in San Diego.  Diagnosis: Anxiety Disorder with Agoraphobia, Alcohol Abuse, Poor Impulse Control/Anger Management.  Recommendation: Continue AA meetings, weekly follow-up with medical officer, attend Stress Management weekly.

000326:	Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to a pattern of misconduct, commission of a serious offense and alcohol abuse rehabilitation failure.

000326:	Applicant advised of 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 

000326:	Commanding Officer directed discharge general (under honorable conditions) by reason of misconduct due to a pattern of misconduct.  Commanding Officer’s comments (verbatim):  [After careful review of enclosures (2) through (5), it is very clear that MMFN C_ (Applicant) is unsuitable for further military service due to his continued pattern of misconduct, commission of a serious offense, and Alcohol Abuse Rehabilitation Failure.  It is very clear that MMFN C_’s (Applicant’s) ability to function effectively in the Naval environment is significantly impaired due to alcohol abuse.  MMFN C_ (Applicant) was given treatment and counseling and successfully completed the Substance Rehabilitation (SARD) Program February 24, 2000.  MMFN C_ (Applicant) has been counseled and given every opportunity to conform to military standards, but chose not to adhere to military rules and regulations.  As his behavior is a hindrance to good order and discipline, MMFN C_ (Applicant) will be separated from the Naval Service with a General Discharge.  The characterization of discharge is based on his previous Non-Judicial Punishments and the member’s service record.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 000411 with a discharge characterization of general (under honorable conditions) for misconduct due to a pattern of misconduct (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).

Issue 1:  When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect the 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 stated condition, nor the Applicant’s claim, that he was not properly diagnosed or medicated for his condition, to be of a sufficient nature to exculpate the Applicant’s misconduct.  Furthermore, the Board disagrees with the Applicant’s contention that he was not properly diagnosed while in the Navy.  The Applicant’s Summary of Service clearly describes the Applicant’s diagnoses, treatment and medication prescribed to the Applicant while he was on Active Duty.  The Applicant, by his own admission, discontinued taking the medication prescribed by appropriate naval medical authority after only a week.  The NDRB sees no connection between the Applicant’s misconduct and his medical condition.  Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  Representation at a personal appearance hearing is recommended.  

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.

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 “afls14.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