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NAVY | DRB | 1999_Navy | ND99-00154
Original file (ND99-00154.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND99-00154

Applicant’s Request
The application for discharge review, received 981106, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 991004. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 3630650.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I had just spent a week at Portsmouth Naval Hospital for migrane headaches, my ship was about to leave on a med cruise which means I would have been at sea - suffering - for months. To that time all medications issued to me failed to alleviate the pain. I did not feel that I could properly do my job due to the headaches and that I would suffer for no purpose. I wish that I was able to remain at the hospital until some resolution occurred, however, this did not happen. Since leaving the Navy the headaches have decreased in intensity and frequency. I have undergone treatment for stress and alcohol abuse. Please consider my medical problems in reviewing my discharge. Thank you.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of Report of Apprehension/Custody and Disposition dated 24Aug94
Copy of transfer directive dated June 23, 1993
Copy of psychiatric admission dated 9-18May94

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     920310 - 921206  COG

 Period of Service Under Review :
Date of Enlistment: 921207               Date of Discharge: 950314

 Length of Service (years, months, days):

         Active: 02 03 08
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 96

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (2)    Behavior: 3.20 (3)                OTA: 3.27

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 99

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

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 3630650.

 Chronological Listing of Significant Service Events :

931115:  Applicant to unauthorized absence 0730, 15Nov93.

 931115:  Applicant from unauthorized absence 0830, 15Nov93 (1 day, 1 hour/surrendered).

940509:  Applicant reported for treatment to Naval Hospital, Portsmouth, VA.

940518:  Medical Examination: [Something similar to this entry.] Applicant evaluated by medical officer and discharge diagnosis: Axis I: 1. Alcohol dependence, 2. Polysubstance abuse, by history, in remission, prior to enlistment. Axis II: Personality disorder, not otherwise specified, with borderline and passive-aggressive features (principal diagnosis). Axis III: Migraine headaches with metamorphopsia. Axis IV: Mild, routine military. Axis V: 45/65. Discharge medications: Motrin 400-800 mg po q 4 hours, prn headaches, with maximum of 2400 mg per day. Staff discharge note: ....pt is not psychotic, shows no sx's of significant depression, no SI/HI. He has reached maximum benefit of in-pt stay and understands our recommendations for him even though he disagrees with our view that he needs level III treatment.

940520:  Applicant to unauthorized absence 0730, 20May94.

940826:  Applicant from unauthorized absence 1534, 26Aug94 (98 days, 8 hours and 4 minutes/surrendered).

         [ Discharge Packet not contained in file.]

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 950314 under other than honorable conditions in lieu of a trial by court-martial (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

In response to applicant’s issue 1, a medical diagnosis on active duty or during post-service, and whether proper or improper, is not an issue upon which this Board can grant relief. When reviewing a discharge, the Board does consider the extent to which a medical problem, diagnosed or undiagnosed while on active duty, might effect an applicant's performance and ability to conform to the military's standards of conduct and discipline. The Board does not consider the circumstances surrounding the applicant's diagnosis, any medical treatment given to the applicant, or alcohol abuse as factors of sufficient nature to exculpate the applicant from his misconduct of record. Relief is not warranted.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective
22 Jul 94 until 2 Oct 96, Article 3630650, PROCEDURES FOR PROCESSING ENLISTED PERSONNEL FOR SEPARATION IN LIEU OF TRIAL BY COURTMARTIAL.

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 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

E. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  Washington Navy Yard
                  720 Kennon St SE Rm 309
                  Washington, D.C. 20374-5023     

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