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

FOR OFFICIAL USE ONLY

  ex-EWSN, USN
Docket No. ND05-01008

Applicant’s Request

The application for discharge review was received on 20050601.  The Applicant requests the Discharge 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 20051006.  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 by reason of misconduct due to commission of a serious offense. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application and attached document:

“AN UPGRADE IS REQUESTED BECAUSE OF THE CIRCUMSTANCES SURROUNDING MY DISCHARGE, THEY WERE AGGRIVATED BY A MENTAL DISORDER.  THAT HAD NOT BEEN DIAGNOSED AT THE TIME.  I HAVE MULTIPLE MEDICAL EVIDENCE TO SUPPORT SUCH A CLAIM.

WHILE ON ACTIVE DUTY IN THE NAVY I HAD AN ONSET OF OVERWHELMING AND UNCONTROLLABLE FEELING THAT SOMEONE WAS GOING TO TRY TO KILL ME.  THESE FEELINGS WERE ESPECIALLY ACCUTE WHEN AUTHORITY FIGURES WERE PRESENT AND/OR WHEN THEY WERE ARMED.  THIS LED TO AN ALTERCATION WITH A MASTER-AT-ARMS WHO WAS TAKING ME TO WALSON MEDICAL CENTER FOR EVALUATION.  THESE FEELINGS EVENTUALLY LED TO SUICIDAL IDEATIONS AND A SUBSEQUENT SUICIDE ATTEMPTS.  MY MENTAL CONDITION LED TO A DISCHARGE FROM THE NAVY.
THE FOLLOWING INCIDENT LED TO AN ARREST AND HOSPITALIZATION IN WHICH I WAS PUT ON MEDICATIONS FOR MY CONDITION.  AT THE TIME OF THIS OCCURRENCE I WAS BEING OVERCOME WITH FEELINGS THAT LED ME TO BELIEVE PEOPLE WERE TRYING TO BREAK INTO MY APARTMENT IN MT. HOLLY, NJ IN ORDER TO KILL ME.  I RAN OUTSIDE AND GOT INTO A STRUGGLE WITH A FRIEND, THAT CAME TO THE ATTENTION OF A POLICE OFFICER.  I STRUGGLED WITH THE OFFICER, WAS ARRESTED AND TAKEN IN FOR EVALUATION.”

Documentation

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

Applicant’s DD Form 214  (Member 4)

PART II - SUMMARY OF SERVICE

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

Inactive:  USNR (DEP)	19900806 – 19910715	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19910716		Date of Discharge:  19930312

Length of Service (years, months, days):

	Active:    01  06  05  (excludes lost time)
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  52 days
	Confinement:		  None

Age at Entry:  19

Years Contracted:  4 

Education Level:  12				AFQT:  70

Highest Rate:  EWSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.0 (1)	Behavior:  3.2 (1)	OTA:  3.4

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  National Defense Service Medal

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

UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct - commission of a serious offense, authority:  MILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events: 

910717:	Retention Warning:  Advised of deficiency (Fraudulent entry into naval service as evidenced by your failure to disclose your pre-service civil involvement:  
9101: Careless driving & driving on suspended license, Mt Holly, NJ 
9006: Speeding ticket, Ft Dix, NJ 
9007: Speeding ticket, McGuire AFB, NJ 
9010: Driving on grass in park after hours, MT Holly, NJ.)
Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
	
921029:	Unauthorized absence from USS CONSTELLATION (CV 64) at NAVSHIPYARD Philadelphia, PA this date.  Intentions unknown.

921106:	Having knowledge of ship’s movement, missed sailing of this vessel from NAVSHIPYARD Philadelphia, PA this date in route to sea trials.

921123:	Applicant surrendered on board this date.

921125:	G_ R. O_, CDR, MC, USN evaluated Applicant at medical on the USS CONSTELLATION (CV-64):  “Applicant awaiting CO’s NJP for UA charges for 25 days.  Applicant missed movement.  Feels he wants out of Navy.  Direct questions on suicidal or homicidal ideation denied.  Plans to attend school upon discharge.  Not sure what to expect at  XOI mast.” 

921204:	Unauthorized absence from USS CONSTELLATION (CV 64) at NAVSHIPYARD Philadelphia, PA this date.  Intentions unknown.

930102:	Applicant surrendered onboard this date.

930108:	Staff Psychologist, Walson Air Force Hospital, Fort Dix reported to USS CONSTELLATION (CV-64):  “Applicant was admitted to Walson Air Force Hospital, Fort Dix, New Jersey on January 5, 1993, after a suicide attempt by wrist slashing.  He continues to voice suicidal ideation though he is cooperative in not attempting suicide while an inpatient.
	Diagnosis:	Axis   I:  Occupational Problem
Axis  II:  Personality disorder not otherwise specified, with 
   histrionic and borderline features
				Axis III:  S/P Bilateral wrist lacerations
Recommendations:  Applicant has a duly diagnosed personality disorder and as such he is unsuitable for further service in the Navy.  It is noted that this is not a mental illness or condition for which treatment is available within the military medical system.  Furthermore it is noted that this is not an illness or condition for which Medical Board action is administratively possible.  Although he does not at this moment represent a danger to himself, others or government property, it is considered likely that he will represent such a danger in the future.  Applicant is not be allowed access to firearms or other weapons, ammunition, explosives or flammable materials in the interim.  He is considered unfit for shipboard duty.”

930125:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible is under other than honorable conditions due to the commission of a serious offense as evidenced by missing ship’s movement on or about November 6, 1992 and by reason of a personality disorder of such severity as to represent a continuing risk to self and others.

930125:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.  Applicant did not object to separation.

930226:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and personality disorder.  Commanding Officer’s comments: (verbatim):  “The presence of this mbr in an operational environment seriously impairs combat readiness, security, efficiency and moral.  I strongly recommend that SNM be separated with an Other Than Honorable Discharge.”
	
930308:	BUPERS 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 19930312 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of under other than honorable conditions.  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).  

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 a retention warning for fraudulent enlistment and two periods of unauthorized absence totaling 52 days, which were not adjudicated.  On 19921106, the Applicant was in a period of unauthorized absence and knowingly missed movement of his ship, a violation of Article 87 of the UCMJ and a serious offense.  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 the circumstances surrounding the Applicant’s discharge were aggravated by “a mental disorder.”  When reviewing a discharge, the NDRB does consider the extent to which a medical problem might affect an Applicant’s performance and ability to conform to the military’s standards of conduct and discipline.  The Board noted the Applicant was diagnosed as having a personality disorder prior to his discharge and was recommended for separation by reason of misconduct and personality disorder.  Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons.  The separation authority determined that misconduct due to commission of a serious offense was the basis for which the Applicant should be separated.  While he may feel that his mental condition at the time of discharge was the underlying cause of his misconduct, the Applicant failed to demonstrate to the Board that he should not be held responsible for his conduct.  Relief is not warranted.

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 5, effective 
05 Mar 93 until 21 Jul 94, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

B.  Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 87, missing movement.

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