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Docket No. ND05-01199

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

FOR OFFICIAL USE ONLY

 ex-SA, USN
Docket No. ND05-01199

Applicant’s Request

The application for discharge review was received on 20050719.  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 20060302.  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 and reason for discharge shall not change.  The discharge shall remain Under Other Than Honorable Conditions in lieu of a trial by court-martial.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“While serving aboard the USS SHREVEPORT LPD-12 stationed at Norfolk, Virginia I found out that I was going to be a father in March of 1999.  When I contacted the mother of my child I found out she was living in a shelter because she was evicted and had no income.  I spoke with my superiors on the ship, and was told that it doesn’t matter to the Navy can’t just let me go until I’m done with my contract in April 1999 I went AWOL to come back to Florida to care for my daughter because the mother was deemed unfit.  Today I have full custody of my daughter and have done my time at Norfolk Naval Brig I would have liked to stay in the Navy, but due to circumstances beyond my control I did what I had to do.”

Documentation

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

Daughter’s Birth Certificate
Statement from Applicant
Applicant’s DD Form 214 (2)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19980325 – 19980624		COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19980625		Date of Discharge:  20000712

Length of Service (years, months, days):

	Active:    02  00  18  (Does not exclude lost time.)
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:	382 days
	Confinement:			None

Age at Entry:  19 

Years Contracted:  4 

Education Level:  12				AFQT:  77

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NA*		Behavior:  NA*		OTA:  NA*

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

* Not Available

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

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority:  MILPERSMAN, Article 1910-106 (formerly 3630650).

Chronological Listing of Significant Service Events: 

980921:	Great Lakes Naval Hospital, Chronological Record of Medical Care:
	Applicant is a 19-year-old single male, E1 with three months active duty, a student in GM school.  He was seen at Sick Call because he reported that he cannot take the Navy anymore and wants to be discharged.  Thus he was referred to psychiatric assessment.  The Applicant reported that he did not have a good idea what the Navy was like when he joined.  He claims the recruiter lied to him.  Now that he is in the Navy he has decided that he does not like the rules or restrictions.  Thus, he wants to be discharged.
	
	Currently the Applicant denies the DSM-IV criteria of major depressive disorder and all other axis I disorders.  Rather he indicates that he wants to be discharged from the Navy.  He threatens that he might even go on unauthorized absence to be discharged from the Navy.  He has requested specifics as to what he had to do in order to be discharged from the Navy.

	Impression:	Axis I:  Vocational Problem
Axis II:  Personality Disorder, Not Otherwise Specified Manifested by Narcissistic, Impulsive and Immature Behavioral Patterns
Axis III:  None
		
The Applicant is fit for full duty.  The Applicant was offered outpatient counseling to help him adjust to the Navy.  He refused counseling.  He only wanted to learn what he had to do in order to be discharged from the Navy.
	
981104:	NJP for violation of UCMJ, Article 86:  Unauthorized absence.
	Award:  Forfeiture of $463.00 pay per month for 2 months (1 month suspended for 6 months), restriction and extra duty for 45 days (15 days suspended for 6 months).  No indication of appeal in the record.

981230:	Chronological Record of Medical Care:  Applicant is a 19 y/o complains of feeling nauseated and nervous when in closed spaces and around crowds.  Applicant states that he doesn’t “freak out or anything” but he does feel anxious and tries to avoid these situations.
	A:  1.  claustrophobia v. generalized anxiety.
	P:  1.  consult Psychiatry for evaluation

990119:	Outpatient Psychiatry Clinic:  This is the second psychiatric evaluation for this 19 year old single SR USN with 10 months continuous service assigned to the USS Shreveport.  Since reporting to the USS Shreveport three weeks ago he notes feeling anxious when a small space with others and having a strong desire to leave, becoming diaphoretic, and becoming irritable.  
	Formulation:  This 19 year old male has a desire to avoid enclosed spaces and experiences anxiety, diaphoresis, and a strong desire to leave when placed in those situations.  Prior to his enlistment it was easier to avoid circumstances where he felt enclosed.  Since enlistment he has found that more difficult and his symptoms have increased.  His symptoms are consistent with Claustrophobia.
	Diagnosis:  Axis I:  Claustrophobia
	Plan:	1.  Patient is psychiatrically fit for duty at his current command.
2.  Recommend enrollment in Outpatient Crisis Intervention Program
		3.  Follow up with Dr. M_ after above.
		4.  Consider Phobia Clinic for treatment.
		5.  Plan reviewed with patient

990405:	Applicant to unauthorized absence at 0730 on 990405, over liberty.

000421:	Applicant from unauthorized absence at 0800 on 000421 (382 days/apprehended).

000712:	DD Form 214:  Applicant discharged under other than honorable conditions by reason of in lieu of trial by court martial, per MPM 363065. 

Service Record did not contain the Administrative Discharge package. 

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000712 in lieu of a trial by court-martial (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).  The Board presumed regularity in the conduct of governmental affairs (E).

In the absence of a complete discharge package, the NDRB presumed that the Applicant requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial, that he consulted with counsel, that he was fully advised of the implications of his request.  The Board further presumed that the Applicant understood that if discharged under other than honorable conditions, it might deprive him of virtually all veterans’ benefits based upon his current enlistment, that he might expect to encounter substantial prejudice in civilian life in situations wherein the type of service rendered or the character of discharge received therefrom may have a bearing, and that he understood the elements of the offenses with which he was charged.  The evidence of record indicates that the Applicant violated UCMJ Article 86, unauthorized absence in excess of 30 days.  The Applicant commenced a period of unauthorized absence 19990405 and was apprehended by civilian authorities on 20000421, 382 days later.  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.  Relief is not warranted.

The Applicant contends that his unauthorized absence was the result of going to take care of his unborn daughter.  The NDRB recognizes that serving in the U.S. Navy is challenging.  Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country.  It must be noted that many members of the Navy endure hardships similar to those of the Applicant.  It must further be noted that the vast majority of those members do not commit misconduct as a result of their problems.  Despite their hardships, these sailors are still able to serve honorably and therefore earn their honorable discharges.  In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due.  The NDRB found that the Applicant's service was equitably characterized.  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), Change 29, effective 
11 Jul 2000 until 21 Aug 2002, Article 1910-106 (formerly 3630650), SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL.

B.  A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice, Article 86, unauthorized absence for a period more than 30 days, upon conviction by a Special or General Court-Martial, in accordance with the Manual for Courts-Martial.

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