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

 ex-SR, USN
Docket No. ND05-00008 

Applicant’s Request

The application for discharge review was received on 20040930.  The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions).  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 20050107.  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/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:

1.  “An under other than honorable conditions gives me trouble trying to get a job, and should be corrected because I am diagnosed as skitzo-affective and was suffering from it at the time.  This was just starting to get noticed at the time of my discharge.”

Documentation

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

Medical Evaluation and Progress Note (2 pages)
Letter from Applicant
Social Security Administration, Notice of Award

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	010627 - 010723	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  010724		Date of Discharge:  020321

Length of Service (years, months, days):

	Active:    00  07  27
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  75

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*			Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  None

*No marks found in 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:

011219:	Medical Screening:  Based on recorded and reported history, Applicant appears to meet 4 of 7 criteria for Alcohol Dependence 303.90, recommend intensive outpatient program.

020109:	NJP for violation of UCMJ, Article 86 (2 Specifications):  Failure to go to appointed place of duty, violation of UCMJ, Article 92 (3 Specifications):  Underage drinking, wrongfully possessing an alcoholic beverage while in the BEQ, wrongfully wearing civilian clothes while in Phase I Liberty.
Award: Forfeiture of $289.00 pay per month for 1 month, restriction and extra duty for 14 days.  No indication of appeal in the record.

020109:	Retention Warning:  Advised of deficiency (Violation UCMJ Articles 86 Failure to go and 92 Failure to Obey), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

020130:	Applicant declines alcohol rehabilitation treatment at a Level II treatment facility.

020131:	Psychiatric Evaluation:  Applicant diagnosed by competent medical authority with a personality disorder, not otherwise specified, severe, existed prior to entry, antisocial traits.  The Applicant is diagnosed with a severe personality disorder that is characterized by consistent failure to get along with authority, rule breaking, lack of remorse, and inability to seek consequences of his behavior.  It is believed that if the Applicant is retained within the military he will place both himself and others at risk for self-harm.  The expectation is that his maladaptive will continue and therefore he will become an increasing liability to the military if he is retained.

020222:	NJP for violation of UCMJ, Article 92:  Failure to obey order or regulation, violation of UCMJ, Article 109:  Damage to property other than military property, violation of UCMJ, Article 128 (2 Specifications):  Assault consummated by a battery on 020205 and on 020203, violation of UCMJ Article 134:  Indecent language.
Award: Forfeiture of $552 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.

020222:	Applicant notified of intended recommendation for discharge with a least favorable characterization of under other than honorable conditions by reason of misconduct due to drug abuse, by reason of misconduct due to commission of a serious offense, by reason of misconduct due to a pattern of misconduct, and by reason of convenience of the government, personality disorder.

020222:	Applicant advised of 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.

020301:	Commanding Officer recommended discharge under other than honorable conditions by reason convenience of the government, personality disorder, by reason of misconduct due to a pattern of misconduct, by reason of commission of a serious offense and by reason of drug abuse.

020302:	Commander, Naval Training Center, Great Lakes directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020321 under other than 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:  Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question.  No such impropriety or inequity is evident during the Applicant’s enlistment.  The Applicant contends that his discharge should be upgraded because subsequent to his service he was diagnosed with schizoaffective disorder.  The Applicant implies this disorder negatively impacted his ability to serve in the armed forces.  The mere presence of a schizoaffective disorder is not a bar to Naval Service.  The Applicant’s service was marred by nonjudicial punishment proceedings for violations of UCMJ Article 86, failure to go to appointed place of duty, Article 92, failure to obey order or regulation, Article 109, destruction of government property, Article 128, assault consummated by a battery, and Article 134, indecent language.  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.  Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of his characterization of service.  Despite the Applicant’s contentions, there is no evidence in the record to suggest that the Applicant was not responsible for his misconduct or that he should not be held accountable for his actions.  In the Applicant’s case, the Board could discern no impropriety or inequity in the Applicant’s discharge based merely on the fact that the Applicant suffered from a schizoaffective disorder during his period of active service.  Therefore, the NDRB considered the Applicant’s discharge proper and equitable.  Relief denied.

There is no requirement or law that grants recharacterization solely on the issue of enhancing employment opportunities and this issue does not serve to provide a foundation upon which the Board can grant relief.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  

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

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

D.  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