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

 ex-ITSR, USN
Docket No. ND04-01433

Applicant’s Request

The application for discharge review was received on 20040917.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20041222.  After a thorough review of the 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/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “My discharge was a direct result of my medical condition.  (see attached)

Dear Sirs,

My name is T_ P_ S_ (Applicant) and I am writing this letter to ask you to revise my Navy Discharge status.  In February, 2003, I was discharged from the Navy in San Diego, California under other than honorable conditions for misconduct.  The cause of my discharge was absence without authorized leave.  I have been advised by my local Veterans Affairs office in Merced, California to supply you with further evidence on my behalf.

My life prior to entering the Navy was relatively healthy and successful.  At Merced High School I was an above average student, captain of the football team for four straight years and enjoyed other sports such as wrestling and track.  My school attendance was good and I never caused any problems or received reprimands or other disciplinary action.

In August, 1999, when I turned eighteen and graduated, I enlisted in the Navy.  I attended boot camp in the Naval Recruit Training Center at Great Lakes, Illinois.  For nine weeks I was never once reprimanded.  I graduated boot camp with my class with the rank of Seaman Apprentice in November, 1999 and was then sent to the Naval Training Center at Great Lakes to train as a Communication and Information Technician.  For sixteen weeks, I spent my time studying and attending class with a two week Christmas leave in between.  During class, out of nine tests, I had five A’s, three B’s and only one failing grade.  I graduated with the rank of Information Technician Seaman Apprentice.

In March, 2000, I came back to Merced on leave for two weeks.  For 12 days I was at the Naval Recruiter’s office helping out my recruiter, ET2 L_ H_, with tasks such as filing paperwork, and convincing people to join the Navy.  After my leave was up I was assigned to Mayport, Florida aboard the USS John F Kennedy.  When I got myself settled in on the ship, I started my job, and for the most part, it was how I expected life on a naval vessel to be.  My duties included troubleshooting, repairing and upkeep of computers and printers onboard the ship.  I also did general custodial work, preventative maintenance and watch duty.  I always handled whatever task I had at hand to the best of my abilities and never finished an assignment without doing a good job.  Five months later I was assigned to mess hail duty, as every new incoming sailor was.

In approximately December, 2000, my health began to fail.  At least twice a day, I was running to the head and vomiting.  I started to show up late for duty nearly everyday and on occasion, I would miss muster by an hour or more.  While I was verbally counseled several times, I did manage to serve my full duty on the mess decks without a written reprimand.

In the months following my reassignment back to my home division, I continued to have problems with my health.  While I was vomiting less, my mental and emotional health began failing.  I continued arriving late for work and was feeling an undue amount of stress and anxiety.

I continued to try to do my best and not leave work undone.  My performance evaluations were always at a 3.3.

While my performance evaluations showed I was a solid, above average sailor, later in the year, my work performance started to slip, along with my health at a greater rate than before.  I was making very poor decisions based on a skewed perception of life due to my physical and mental health, such as taking a friend and co-worker to the airport for Christmas leave even though I was ordered against it and driving beyond the recall radius of the ship.  My punishment for these actions was reassignment to the mess deck.  At this point, I was only able to get a few hours of sleep at night and would sometimes wake up in a different place than where I went to sleep.  My superiors questioned whether I was on drugs, which I was not.  I was vomiting again at least twice a day, my hands shook constantly and I would hear voices in my head.  Most of this information I kept to myself, as I felt I couldn’t turn to anyone on or off the ship.  I felt my only recourse was to just survive.  The only way I knew to do this was to run, and so I did.  By the time I left the ship, I had never been directed by anyone to seek help or support on the ship even though my rating had sunk from a 3.3 to a 1.2 in a matter of six months.

For the first couple of weeks I had not determined what I was going to do.  I had only one thought in my mind, which was to stay off the ship.  My dad, R_ S_, convinced me, after I phoned back home, to turn myself in to the nearest naval base before my UA status was upgraded to AWOL.  With his advice, I turned myself into Naval Air Station Jax.  I stayed there not really knowing whether I would be put in jail, processed out or sent back on the ship, which was somewhere on its way to the Arabian Gulf.

I was there for three weeks, and during that time I heard from someone else in the holding barracks that if you went AWOL for six months, you would be kicked out of the Navy.  When I was then told that I was to be sent back to my ship, because of my mental and physical condition, I decided to run away again, this time for six months.

I left NAS Jax on March 10th 2002, living in Jacksonville and Orlando and sleeping on couches.  My health continued to be bad.  In October, I returned to Merced, California.  After three weeks, I decided to show my face to my dad.  He gave me one week to turn myself in to the Naval Air Station in Lemore, and then took me there with a family friend.

I spent the next four months being processed out of the Navy.  I attended my general court martial on December 11th and was sentenced to 20 days at Miramar Federal Prison, with three days off for good behavior.  I was given a medical examine just prior to my final release from the Navy.  The Doctor noted only that I had very high blood pressure.  I was discharged on January 16th, 2003.

In June, 2003, I was back home and signing up for classes, but continued to have health problems.  I went to my Doctor’s office and had a series of tests.  I was diagnosed with a severe hperactive thyroid disorder known as Graves disease.  I explained the conditions I had suffered from for the past few years including nervousness, depression, shaking, vomiting and lack of sleep.  My doctor, whose statement I have included, noted that these were all conditions of Graves disease, if untreated.  Since then, I have received treatment for this condition, and have watched as all of those symptoms have gone away.  However, this is a condition for which I will likely be required to take medication for the rest of my life.  I realize now how serious the effects I was suffering were.  I am now holding a full time job and going to school.

During my period in the Navy, not once was I offered guidance or assistance on my condition, nor referred for medical diagnosis or treatment.  I now understand that my behavior problems, including going AWOL, were a direct result of my physical and mental state as a result of suffering from Graves disease.

Because the problems I began encountering during my term of service were directly related to my untreated medical problems, I am asking that my discharge status be upgraded.  Thank you for your consideration.”

Documentation

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

Letter from Applicant’s father (3 pages)
Letter from R_ J. B_, MD

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	981130 - 990824	COG
	Active:   			None

Period of Service Under Review:

Date of Enlistment:  990825		Date of Discharge:  030218

Length of Service (years, months, days):

	Active:    02  09  04  (Does not exclude lost time)
	Inactive:  None

Age at Entry:  17  (Parental consent)	Years Contracted:  4

Education Level:  12			AFQT:  67

Highest Rate:  IT3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (1)	Behavior:  3.00 (1)		OTA:  3.00

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  271

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

Chronological Listing of Significant Service Events:

020120:	Applicant commenced a period of unauthorized absence.

020122:	Applicant surrendered from unauthorized absence.

020127:	Applicant commenced a period of unauthorized absence.

021023:	Applicant surrendered from unauthorized absence.

021211:	Summary Court-Martial.
	Charge: violation of the UCMJ, Article 86:
	Specification 1:  On or about 020127 to on or about 021023, absent himself without authority.
	Specification 2:  On or about 0700, 021109 to on or about, 1400, 021109, absent himself without authority.
	Finding:  To specification 1 under the charge, guilty, to specification 2 under the charge, not guilty, to the charge, guilty.
	Sentence: Forfeiture of $737.00 pay per month for 1 month, reduced to E-1, confinement for a period of 20 days.
	CA action 021230:  Sentence approved and ordered executed.

030115:	Applicant notified of intended recommendation for discharge with a least favorable characterization of under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

030115:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

030122:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

030127:	CNRSW 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 20030218 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).

Issue 1:  The Board found that the Applicant’s statement and documentation submitted fail to establish that Graves disease was the cause for his unauthorized absence.  A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor.  The Applicant’s service was marred by one summary court-martial for an extended period of unauthorized absence.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required an honorable or under honorable (general) characterization of service.  The Applicant’s health at the time and the positive aspects of his service record do not mitigate his misconduct.  An upgrade is inappropriate.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question.  No such inequity or impropriety occurred during the Applicant’s enlistment.  Additionally, 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 civilian life, subsequent to leaving the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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.  Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge.  Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that may be provided to receive consideration for relief, based on post-service conduct.  The Applicant’s evidence of post-service conduct was found not to mitigate his misconduct sufficient to warrant an upgrade to his discharge.  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 but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 02 until Present, Article 1910-142  [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

B.  In Appendix 12 of the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 86, for unauthorized absence for a period in excess of 30 days, if adjudged at a Special or General Court Martial

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

E.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “http://Boards.law.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:

		Secretary of the Navy Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023