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

 
ex-OSSN, USN
Docket No. ND04-00440

Applicant’s Request

The application for discharge review was received on 20040121.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record discharge review.  The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040910.  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“To Whom It May Concern:

I joined the Navy on September 17, 1996 to serve my country as my country had served me and my ancestors since its inception.  My intention was to serve out my full obligation, but I developed a serious physical and mental condition that prevented me from doing so.  I tried to go through the proper chain of command to request a transfer to shore duty or a larger vessel as I had been extremely sea sick from the first time I stepped on board my assigned ship, the cruiser USS Cape St. George.  After the six month tour of duly at sea, I thought I would die from being so sea sick.  It did not subside even on shore leave.  In addition to the physical condition, I had a series of emotional events in my life that had me mentally disturbed as well.  There were four major events in a short period of time that I will briefly mention to you that can be well documented if necessary.

•On January 1, 1997, I received word that my father had died at age 59 of colon cancer. I was granted leave to return home to attend the memorial service.
•On April 22, 1997, my first child was born. Again, I was granted a brief leave home and arrived 20 minutes before her birth.
•On August 7, 1997, my uncle (my mom’s brother) who I was very close to died unexpectedly at age 59 of a massive heart attack.  Of course, I was unable to attend the funeral.
•On September 8, 1997, my uncle (my mom’s brother) who I was also very close to, died of cancer at age 36.  I was unable to attend the funeral.

I do not feel that I was even aware at how much these four events impacted my mental and physical state during the time between these events and my discharge.

In my request for change of duty in hopes of relieving my sea sickness so I could finish my term, I was examined by a psychiatrist at Port Smith Naval Hospital for one hour.  He based his decision that I was able to return to my regular duty based on that one hour exam.  I do not feel that was adequate based on the physical and mental condition I have described above.

If I had had the benefit of the maturity I have gained since then (I am now 26).  I would have tried harder to plead my case before being discharged as less than honorable.  This is something I am not proud of and would like to have my records changed. I admit there were some disciplinary charges against me in my file, but I do not believe the severity warranted a discharge.  I was willing and trying to attain another assignment that would allow me to complete my obligation.  I don’t want this to come across as just a bunch of excuses, but on hindsight I know that my behavior was affected by my physical and mental condition.

You have requested my Administrative Discharge Package which was lost during a move.  I have sent in what I thought was a proper request to get another copy, but have not been successful in attaining one yet.  If you can direct me in whom to contact to get the proper paperwork, I would appreciate it.  Also, if I need a military liaison to help me to the next step to get my discharge changed to honorable, please let me know who I can contact.

I respectfully request your consideration in allowing me the time to provide any additional information you may need before closing my case.

Sincerely,

L_ K_ V_ (Applicant)”

Documentation

Only the service and medical records were reviewed, as the Applicant did not provide additional documentation for the Board to consider.  

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	960425 - 960916	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  960917		Date of Discharge:  990322

Length of Service (years, months, days):

	Active:    02  06  06 (Doesn’t exclude lost time.)
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  71

Highest Rate:  OS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*	Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  GCM, AFSM, AFEM, SSDR, Battle “E” Award (2)

Days of Unauthorized Absence:  32

*No Marks Found in service record.

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

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

Chronological Listing of Significant Service Events:

971217:	Dept of Psychiatry, NavMedCen, Portsmouth, VA:  Chief Compliment:  “I hate the Navy – not myself.”  This was the first NMCP psychiatric eval for this 19 year old single male with 14 months continuous active duty assigned to the USS CAPE ST. GEORGE.  He was referred today by his command Independent Duty Corpsman medical officer for urgent evaluation concerning the pt’s statement concerning self harm to get out of the USN.  
	Diagnoses:
	AXIS I:   Occupational Problem
	AXIS II:  Personality Disorder NOS
AXIS III: none
	Disposition:  Psychiatrically fit for full duty; return to parent command.
	Recommendation/Plan:  1.  Attending psychiatrist advises consideration of administrative separation for unsuitability.  Not considered mentally ill and returns to full duty.  Does manifest a long-standing disorder of character and behavior which is of such severity as to interfere with serving adequately in the Navy.  Etc……..  2.  No psychiatric contraindications to any administrative, disciplinary or legal actions deemed necessary by parent command.  3.  Recommended that pt be allowed to participate in the Psychiatry Dept Outpatient Crisis Intervention Program.  4.  Pt agrees to return to medical officer, command sick call, or NMCP Emergency Room if condition worsens.  5.  Plan discussed with pt and he understands its provisions.  Plan also discussed with pt’s command reps.  6.  Diagnosis and plan discussed with Dr. E_ (Staff Psychiatrist) who concurs.  7.  Member fully understands decision concerning continued military service versus discharge from Navy rests solely with the parent command and the above discharge plans and recommendations are not binding.

971222:	Medical Eval:  Pt was evaluated as an outpatient by Dr. A_ for the pt’s statements about harming self in order to secure discharge from the Navy.  Pt was diagnosed with occupational problem and Personality Disorder NOS and recommended for administrative separation.  Following eval, the pt was referred to Outpatient Crisis Intervention Program.  Pt reported increased dissatisfaction with Navy.  He has been counseled numerous times for being late.  Pt denied sustained neurovegetative symptoms.  While pt admitted to having thoughts of harming himself in order to get out of Navy, he denied any suicidal ideation, intent, plan or attempt.  He denied alcohol or drug abuse.
	Pt enrolled in 5 day Outpatient Crisis Intervention Program, a stress and anger management course utilizing cognitive behavioral techniques.  On day 3, pt asked to be graduated from program since his leave started the next AM.  While pt reported he had learned to identify his irrational thinking, he did not believe he could change it and remained focused on securing a discharge from the Navy OCIP staff members reported that the pt made several statements while in the program that he would “do whatever it takes” to get out of the Navy including going UA.  However, he hoped that his command would act on the recommendation by Dr. A_ for admin sep thereby obviating the Pt’s need to act out further in order to get thrown out.  Pt denied suicidal or homicidal ideation since enrollment in the program.  During his enrollment in the program, there was no evidence of major mood, anxiety, or psychotic symptoms. 
	Diagnosis:  AXIS I – Occupational Problem
		       AXIS II – PDNOS
	Recommendation:  1.  Return to full duty, psychiatrically fit for same.
	2.  Concur with Dr. A_’s recommendation for separation.  3.  No psychiatric follow up currently indicated; however, the pt may seek further stress and anger management as well as individual counseling through NFSC, if desired.

971223:	To unauthorized absence.  [EXTRACTED FROM DD FORM 214.]

971225:	From unauthorized absence, surrendered (2 days).  [EXTRACTED FROM DD FORM 214]

980115:	Medical eval:  Pt examined for confinement.  No abnormalities.  No medical problems.  Fit for confinement.

990208:	To unauthorized absence.

990309:	From unauthorized absence, surrendered.  Absence not excused (30 days).

990322:	Discharged Under Other Than Honorable Conditions by reason of pattern of misconduct.  [STATED ON DD FORM 214.]

[Administrative Discharge package not contained in service record.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990322 under other than honorable conditions for misconduct due to a pattern of misconduct (A).  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 (B and C).  The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a discharge package (D).

Issue 1.  When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  An Under Other Than Honorable Conditions discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The Applicant’s service was marred by multiple unauthorized absences, to include an unauthorized absence of 30 days.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The Applicant contends that his problems in the Navy can be attributed to his sea-sickness, immaturity and being overwhelmed due to a series of “emotional events.”  While he may feel that his personal problems were the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service.  The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions.  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.  The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until 21 Aug 2002, 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 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

C.  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.

D.  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.  

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