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Docket No. ND06-00188

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

FOR OFFICIAL USE ONLY

 ex-SR, USN
Docket No. ND06-00188

Applicant’s Request

The application for discharge review was received on 20051108.  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.  In the acknowledgement letter, the Applicant was informed that he was approaching the 15-year point for review by this Board and was encouraged to attend a personal appearance hearing at the Washington Navy Yard, Washington, D.C.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060912.  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 Honorable Conditions (General) 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: 

“I was told by my CO at the time of discharge that I would be able to change my general discharge to an honorable discharge after 6 mos of separation; I respectfully request the board to do so at this.  Thank you.”

Documentation

Only the service and medical records were reviewed.  The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19910115 – 19910819		COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19910820		Date of Discharge:  19921023

Length of Service (years, months, days):

	Active:    01  02  04 
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  none
	Confinement:		  none

Age at Entry:  17 (Parental Consent)

Years Contracted:  4 

Education Level:  12				AFQT:  73

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.0 (1) 		Behavior:  3.0 (1) 		OTA:  3.00 

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 HONORABLE CONDITIONS (GENERAL)/Misconduct - commission of a serious offense, authority:  MILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events: 

920413:	NJP for violation of UCMJ, Article 86 (2 specs): 
	Specification 1: Unauthorized absence from 0500-0630, 920406.
	Specification 2: Going from appointed place of duty, to wit: MAA training, 920406.
Violation of UCMJ, Article 92: Violation Article 1159. Navy REGS – wrongful possession of a firearm on base, 920413.
	Award:  Forfeiture of $100.00 pay per month for 1 month, restriction and extra duty for 20 days, reduction in rate (suspended for 6 months), oral reprimand.  No indication of appeal in the record.

920413:	Retention Warning:  Advised of deficiency (Violation of the UCMJ, Article 86 – (1) Unauthorized absence and (2) going from appointed place of duty and Violation of UCMJ, Article 92 – Article 1159, as evidenced by CO’s NJP held on 13 April 1992.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920817:	Psychiatric evaluation: Introduction:	This is the first NTC MHU visit
visit second overall, for this 18 year old single, white, male, E-2, active duty USN with 1 yr. 7 days CAD, stationed aboard USS MCKEE, referred by his command for evaluation of suicidal ideation and personality disorder, with request to recommend ADSEP if appropriate.  Patient states he needs someone with “Some Pull’ to do his evaluation.  Reports suicidal ideations began in APR 92 when he began to feel pressure from his workspace personnel.  Voices feeling as if they’ve taken away his confidence, self-esteem, and dignity.  Wishes to seek other options to resolve his problems.  Family History: He is the second of two children, one sister (25).  Grew-up in California.  His parents divorced when he was 1 y/o, went back and forth to his mother and father.  Describes relationship with parents as “Good and Bad”.  Denies abuse as a child.  Denies psych. History of self, disclosed that his mother became depressed, attempted
suicide, in Nov. 89 after 2nd divorce.  Patient also disclosed he visited a family counselor due to bad relations with father.  ETOH/Drug history: ETOH use consists of drinking approx. twice every six months, usually at weddings or formal occasions.  Denies illegal drug use.  Education History: He has 12 years education with an estimated 2.5 grade point average.  Participated in the Gate Program, MGM (Mentally Gifted Minds), member of community service club called the “Key Club”, and volleyball (j.v. and varsity).  Denies disciplinary problems.  Military History: Feelings about the navy: “Navy gives me opportunities and I enjoy it.” No EVAL scores to date, received ART. 86 (UA) and Capt. Mast xl in APR92.  Physical Status: Relates sleeping an average of 3 hrs/night, difficulty falling/remain asleep.  Positive recurring nightmares (work).  Noted decrease in appetite x2 1/2 weeks with 10 lbs. wt. loss.  Mental Status Exam: Denies current suicidal/homicidal ideations.  States he has experienced suicidal ideations, without a plan for self harm, since APR92.  Denies experiencing auditory/visual hallucinations. Plan: Refer to provider for further evaluation.  J. C. B_, HM3, USN.  Doctor note: Read and concur with above of HM3 B_.  This PT is referred on a today basis from ship’s medical officer for persistent, permissive problems at work, and to R/O personality disorder, as well as vague comments patient made concerning suicide. Pt feels his problems are partly financially related (bad checks, missed car payments, etc.) and related to military performance, multiple tardiness, sloppy appearance, Indebtedness).  PT had NJP for ART 86 (UA for 1 ½ HRS).  PT believes the majority of his problems have been straightened out since July.  He professes not to understand why his division LPO seems out to get him based on being accused of missing inspection by going up to medical, or being unaware of inspection.  He claims to be motivated for navy, MAA school. Pt denies intentionally making mistakes.  PT concerned about going to mast.  MSE - alert, oriented male in moderate distress.  Mood has dysphonic with anxious, concerned effect. No sign of thought disorder. sleep, appetite poor over past 2 weeks due to work problems.  Also describes nightmares where division officer takes away his school.  Cognitive functions grossly intact.  Judgement and thought appears poor to fair, immature.  PT denies suicidal plan but admits to some ideation without actual intent, (“What other option do I have if I lose my school?”).  PT singles out division officer as rest of his problem, but denies homicidal intent.  Pt enjoys navy.  PT denies past psychiatric HX, prior suicidal gestures or alcohol/drug problems. He denies mood swings, chronic depression.  However, he admits to occasional procrastination, becoming argumentative at times when asked to do something he doesn’t want to do, will at times resent authority, feels others make unreasonable demands on him and (illegible) obligation by (illegible) he “Forgot”.  Axis I: 1 occupational problem. 2) Adjustment disorder with depressed mood, 309.00.  AXIS II: Passive aggressive personality disorder (primary.)  301.84. Plan: 1) PT is unsuitable for further service given diagnosis of personality disorder (should also be documented by work performance). 2) command may administrative separate this member at their discretion 3)  PT does not agree with recommendation, desires to remain in navy. 4)  PT is poor treatment candidate given degree of defensiveness and blame he places on everyone but himself for his problems (including me because of above recommendation. 5) ship informed of above recommendations.  E.C. C_, PH.D., USNR, Staff Psychologist signed evaluation on 27AUG92.  Addendum:  OK for PT to return (if needed, for supportive counseling until separation.  Attachment: Although the member is not considered mentally ill, but manifests a longstanding disorder of character and behavior which is of such severity as to render the individual incapable of serving adequately in the navy.  The member does not presently require and will not benefit from (further) hospitalization or psychiatric treatment.  Although the member is not presently considered suicidal or homicidal he/she is judged to represent a continuing risk to self or others if retained in the naval service.  The member is deemed fit for return to duty for immediate processing for administrative separation, which should be initiated expeditiously by his/her command in compliance with MILPERSCOMINST 1910.1C and OPNAV 013.87/2B.  CDO was contacted and informed of the contents herein E.C. C_, PH.D., LCDR, MSC, USNR.Staff Psychologist signed attachment 27aug92.

920831:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of convenience of the government due to personality disorder and by reason of misconduct due to commission of a serious offense, to wit: Violation of the UCMJ, Article 92-failure to obey a lawful general regulation, to wit: wrongful possession of a firearm on base on or about 13 April 1992 as evidenced by CO’s NJP held on 13 April 1992 [Extracted from CO’s message].

920924:	Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation [Extracted from CO’s message].

921013:	Reduction in pay grade awarded at NJP on 920413 vacated due to continued misconduct.

921014:	Commanding Officer, USS MCKEE recommended discharge with a under honorable conditions (general) by reason of convenience of the government due to personality disorder and by reason of misconduct due to commission of a serious offense.  Commanding Officer’s comments:  “SR D_ (Applicant) has been a continual administrative burden to his division and this command since reporting on 05DEC91.  He has been counseled on numerous occasions for minor disciplinary infractions including tardiness, uniform appearance, indebtedness, and overall work performance.  D_ (Applicant) is not mature enough to continue his enlistment.  I most strongly recommend separation with a general discharge.”

921022:	BUPERS directed the Applicant's discharge with a under honorable conditions (general) by reason of misconduct commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19921023 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of general (under 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 Applicant states “I was told by my CO at the time of discharge that I would be able to change my general discharge to an honorable discharge after 6 months of separation; I respectfully request the board to do so at this time.  Thank you”.  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.  A general 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 one retention warnings and one nonjudicial punishment proceeding for violations of Articles 86 (unauthorized absence) and 92 (failure to obey order, regulation) of the UCMJ.  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.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 
04 Mar 93, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

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 courts-martial for violation of the UCMJ, Article 92 (failure to obey order, regulation).  

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