Author: CAP
Last saved by: joyce.meeks
Company: NCPB

Docket No. ND05-01166

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

FOR OFFICIAL USE ONLY

 ex-FA, USN
Docket No. ND05-01166

Applicant’s Request

The application for discharge review was received on 20050706.  The Applicant requested that his characterization of service received at the time of discharge be changed to general (under honorable conditions).  The Applicant requested a documentary discharge review and did not designate a representative on the DD Form 293.
Subsequent to the application, the Applicant obtained representation by American Legion.
 
Decision

A documentary discharge review was conducted in Washington, D.C. on 20060209.  After a thorough review of all 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 characterization of the discharge shall not change.  The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to drug abuse.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Applicant’s issues, as stated on the attached document/letter: 

“After failing to getting any help from the Navy and feeling more suicidal and depressed, I left to come home.  I was diagnosed at that time with several psychiatriatricdisorders and was put on appropriate medication by my psychiatrist.  I returned to the ship I was assigned to freely.  My parents purchased the airline ticket and took me to Nashville, TN to go back to the Navy.

I request that the character of my discharge be upgraded to Under Honorable Conditions.  I do not desire to go back into the Navy.  I had wanted to be in the Navy when I entered service, but the development of my disorders prevented me from feeling that I could fit in or continue, feeling the way I did.  I was becoming more and more depressed.

I went to the Navy doctor at Portsmouth, Dr A_ J_, the night before I left the ship.  He talked to me briefly and they monitored me for couple of hours, then they released me and told me I would have to make an appointment to come back.  I couldn’t stand to think that nothing would be done for me.  I felt terrible emotionally and every way, at that point.  I felt like I had to get back home so I could get some help, where someone cared what happened to me.

I am enclosing copies of the diagnose from Dr W_ R_ in Florence, Alabama and the notes from my last hospitalization and release from the Navy.

Please consider this appeal for assistance, if not for me personally, at least for my mother.  I request that my discharge be upgraded to Under Honorable Conditions.

[signed] R_ K_ (Applicant)”

Documentation

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

Applicant’s DD Form 214 (x11)
Letter from D. L. K_, BCNR, dated May 27, 2005 (x2)
VA form 21-4138 (JF), dated March 23, 2005 (x3)
VA form 21-4138 (JF), dated June 24, 2005 (x2)
VA form 21-4138 (JF), dated August 15, 2005 (x2)
VA form 21-4138 (JF), dated November 03, 2005 
DD Form 149, dated March 21, 2005 (x2)
VA form 21-22, dated March 23, 2005 (x3)
Letter from Dr W_ R_, dated March 04, 2005 (x4) 
Fax Cover Sheet to Master Chief H_, dated December 30, 2004 (x3) 
Fax Cover Sheet to Senior Chief B_, dated December 30, 2004 (x3) 
Facsimile Transmittal to Dr. S_, dated December 24, 2004 (X4)
Bellsouth invoice, dated January 19, (x6)
Medical notes, dated November 23, 2004 (x3)
Fax from S_ Psychiatric Medicine Clinic, 6 pages of handwritten medical notes from evaluations on December 14 and 17, 2004, dated December 22, 2004 (x3)
Adolescent Psychopathology Scale Clinical Score Report by W_ M. R_ PhD. Test date December 14, 2004 (x7)
Port Call ICO FA R_ K_ (Applicant), dated November 26, 2003 (x2)
Fluoxetine medicine directions form, dated November 24, 2004 (x6)
Vitamin B-1 medicine directions form, dated December 17, 2004 (x4)
Cardiotex medicine directions form, dated December 17, 2004 (x4)
Depakote medicine directions form, dated December 14, 2004 (x4)
Ritalin medicine directions form, dated December 14, 2004 (x4)
Clonazepam medicine directions form, dated December 14, 2004 (x4)
Separation travel orders, dated January 11, 2005 (x5)
Pre-separation brief, dated February 24, 2005 (x4)
Recruit Evaluation Unit Triage Note, dated October 06, 2003 (x5)
Recruit Evaluation Unit Triage Note, dated October 07, 2003 (x2)
NMCP discharge order, dated December 29, 2004 (2 pages, x4)
Psychiatric Biopsychosocial Assessment, dated November 21, 2004 (x4)
Medical notes and discharge instructions, by H_ S. S_ LT MC USNR and J_ K. P_ LT MC USN, emergency care and treatment, Portsmouth, VA, November 22, 2004 (3 pages, x6)
3 pages of a letter from D_ K_ (Applicant’s mother, unsigned, x4)  
Evaluation Report & Counseling Record for period of July 16, 2004 to February 24, 2005 (2 pages, x6)
Naval Medical Center narrative summary period of December 21, 2004 through December 29, 2004 (3 pages, x4)
Rough draft of letter from Applicant’s Mother (3 pages, x5) 
NDRB request for information and documentation, dated August 23, 2005 
Alabama VA request of Lauderdale County Police Record check, dated July 29, 2005 (x2)
Wilson High School transcript (x2)
Kelly Service Pay stub, for period of July 17 through July 23, 2005 (x2)
Character Reference email from P_ J. S_, dated August 09, 2005 (x2)
Character Reference email from M_ B_, dated August 09, 2005 (x2)
Character Reference email from D_ C. C_, dated August 02, 2005 (x2)  
Applicant’s acceptance of the American Legion as his Representative (x2) 
Negative drug test, dated July 05, 2005 (x3)
Message for Dr R_, dated March 04, 2005 (x2)
Copy of Active Duty Identification Card (x2)
Prescription from Dr. R_, dated March 04, 2005 (x2)
NDRB acceptance of application, dated 19 July, 2005
NDRB request for information and documentation, dated December 01, 2005
NDRB request for administrative discharge package, dated October 25, 2005 
Medical notes from Dr. K_ MD, Capt, MC, USN, Psychiatry Resident (3 pages, x2)
Separation screening (x2)
Medical notes NavHosp Great Lakes, dated September 05, 2003 (x2)
Recruiting Assistance Leave Program from December 08, 2003 to December 12, 2003
Naval Medical Center, Portsmouth, Virginia, dated December 29, 2003

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20030426 – 20030901		COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20030902		Date of Discharge:  20050224

Length of Service (years, months, days):

	Active:    01 04 23  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  29 days
	Confinement:		  none

Age at Entry:  18 

Years Contracted:  4 

Education Level:  12				AFQT:  64

Highest Rate:  FN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.0 (2) 		Behavior:  2.0 (2) 		OTA:  2.92 (2)

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MILPERSMAN, Article 1910-146, formerly 3630620.

Chronological Listing of Significant Service Events: 

040409:	Applicant failed physical readiness test.  Directed to participate in fitness enhancement program and perform physical training a minimum of three times per week.

041121:	NMCP Emergency Medicine, discharged Applicant with an assessment of adjustment disorder and instructions to follow-up with psychiatry the following day.   

041122:	Applicant to unauthorized absence at 0700 on 041122.

041206:	Applicant violated UCMJ, Article 87 by missing ships movement.

041221:	Applicant from unauthorized absence at 1600 on 041221 (29 days/returned).

0412XX:	Naval Medical Center Portsmouth, Virginia Department of Psychiatry, Narrative Summary of hospitalization from 21 through 29 December 2004.  Applicant stated his intent to get out of the Navy and stated he will do “whatever it takes”.  The Applicant reports suicidal intentions since the age of 13, including putting shotgun in mouth, cutting self during boot camp, and intention to overdose on Klonopin on the day prior to admission.  The Applicant reported alcohol history consistent with alcohol abuse, and marijuana use 23 of 29 days during UA period.  
	Laboratory results:  Cannabinoid - Positive
	Diagnosis:  Adjustment disorder, Alcohol dependence, Cannabis dependence, Personality disorder.
	Recommendation:  Expeditious administrative discharge, due to unsuitability for continued naval service, considered a high risk of harm to self and/or others.  

050222:	COMCARSTRKGRU TWO directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse.

050223:	Evaluation report documents the Applicant’s “second consecutive Physical Fitness Test and was awarded Captain’s Mast for and Unauthorized Absence period of 29 days.  Member is being released from Active Duty due to a positive result on a Command Urinalysis”.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20050224 by reason of misconduct due to drug abuse (A and B) with a service characterization of under other than honorable conditions.  After a thorough review of all available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).  The Board presumed regularity in the conduct of governmental affairs (E).

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 outweigh the positive aspects of the member's military record.  The Applicant’s service record documents his violation of UCMJ Article 86 (unauthorized absence), Article 87 (missing ships movement), and Article 112a (wrongfully using a controlled substance, marijuana).  Applicable regulations dictate processing for separation is mandatory for sailors who abuse illegal drugs, the misconduct for which the Applicant was discharged.  The evidence of record clearly documents the Applicant’s blatant disregard for authority and does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  Separations under these conditions generally result in an under other than honorable conditions characterization of service.  The Board could discern no impropriety or inequity.  Relief denied.

The Applicant contends that his medical treatment was insufficient and therefore justified his unauthorized absence.  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 NDRB does not consider the Applicant’s stated condition, the alleged lack of medical treatment, diagnosis or misdiagnosis to be of sufficient nature to exculpate his misconduct.  In fact, the NDRB sees no connection between the Applicant’s misconduct and his medical condition.  The documentation of private diagnosis and treatment during the Applicant’s period of unauthorized absence does not justify the drug use for which he was discharged.  Relief denied.

In the absence of a complete discharge package, the Board presumed regularity of governmental affairs.  The record does reference the discharge package and documents that proper convening authority directed the Applicant’s discharge.  Therefore, the Board presumed the Applicant’s discharge to have been conducted in accordance with that described in reference “A”.  If the Applicant feels his discharge was administratively flawed he bears the burden of establishing his issues through the presentation of substantial and credible evidence.  

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.  The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 2002 until 28 April 2005, Article 1910-146 (formerly 3630620), Separation by Reason of Misconduct - Drug Abuse.

B.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violations of the UCMJ, Article 87 (missing ships movement) and 112a (wrongful us of a controlled substance).

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.

E.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.

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