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NAVY | DRB | 1999_Navy | ND99-00995
Original file (ND99-00995.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND99-00995

Applicant’s Request
The application for discharge review, received 990719, requested that the reason for discharge be changed to administrative separation. The applicant requested 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 000411. 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/Separation in lieu of trial by court martial, authority: NAVMILPERSMAN, Article 3630650.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I was seen by S.E.K_, MD and was diagnosed major depression and severe personality disorder. He called my command and recommended my administrative separation due to this diagnosis which was accepted and put in motion. It was upon my release from the hospital attached to the NTC Transient Personnel Unit to await this finalized. I then went to Administration with the family problem, asked for emergency leave to move them before they were put on the street. My admin sep was already signed by Admiral P_. I respectfully request this review for consideration and gain the originally given and signed discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Narrative Summary of Clinical Record (4 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     900307 - 900415  COG

 Period of Service Under Review :
Date of Enlistment: 900416               Date of Discharge: 911018

 Length of Service (years, months, days):

         Active: 01 06 03 (Does not exclude lost time)
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: GED              AFQT: 68

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 171

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

UNDER OTHER THAN HONORABLE CONDITIONS/separation in lieu of trial by court martial, authority: NAVMILPERSMAN, Article 3630650.

 Chronological Listing of Significant Service Events :

901204:  NJP for violation of UCMJ, Article 86 (2 specs): fail to go at time prescribed to appointed place of duty, Spec 1 - 90OCT31, 0100 BEQ 635 Duty Section muster, Spec 2 - 90NOV19, 0850 Bldg 521 gunner screening; violation of UCMJ Article 92: 90NOV04 wearing civilian clothes when not authorized; violation of UCMJ Article 134, 90OCT31, violated Illinois revised statute, consuming alcoholic beverage under 21 years of age.
         Award: Forfeiture of $168 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
901204:  Counseling: Advised of deficiency (violation of UCMJ, Articles 86, 92, & 134), notified of corrective actions and assistance available. Discharge warning issued.

910213: Summary Court-Martial: Charge I - violation of UCMJ, Article 86: unauthorized absence from 1415, 91JAN11 to 1130 91FEB11.
         Award: Confinement for 30 days, forfeiture of $502 per month for 1 month. No indication of appeal in the record.
         CA 910213: Sentence approved and ordered executed.

910213:  Placed in confinement at Navy Brig, Great Lakes, IL.

910308:  Released from confinement and returned to duty.

910426:  Report of Declaration of Desertion: Declared a deserted 91APR26 having been unauthorized absentee since 1800, 19MAR26 from SERVSCOLCOM Great Lakes, IL.

910603:  Report of Return of Deserter: Surrendered to military control at 1500, 91MAY23 at NAVHOSP NTC Great Lakes, IL (57 days). Retained onboard for disciplinary action, parent command notified.

910623:  NAVHOSP Great Lakes, IL: This nineteen year old, white married male with about one year of active duty, had been referred to the Psych Technician in military sick call by the Chaplain. He was admitted to the Psychiatry Dept, GLakes because of depression and suicide ideation. Pt gave the following history, which is considered generally reliable, but probably with distortions and exaggerations: Pt says that he had no problems in boot camp and then came back to GLakes for A school. Things were okay until about Sep 90 when he got in a conflict with his platoon leader. Pt says that he made the platoon leader mad so the platoon leader nailed him for drinking under age. Pt was given 14 days of restriction. ..........................He felt that the military was driving his wife away from him. Pt went UA in Jan 91, for 30 days. He was just staying at home with his wife and kids in W_. He turned himself in and had a court martial. He was given 30 days in the Brig and a fine. During this time when he was in the Brig, pt again felt that the military was driving his wife away. He states that he had to fight to get her back after he was in the Brig, etc.............
         910610: Applicant discharged from the hospital with a diagnosis and recommendation to his Command that he be given an administrative separation for personality disorder, severe, with avoidant, dependent and immature features. There was telephone discussion with his command so that it was expressed to Dr. K_ that the patient would be in the TPU where he would be able to get passes on evenings and weekends and his administrative separation would take place soon.
         Final Diagnosis: 1 - Major Depression, 2 - Personality Disorder, NOS, with Traits of Immaturity, Avoidance and Dependency

910816:  Report of Declaration of Desertion: Declared a deserter 91AUG10 having been unauthorized absentee since 12, 91JUL10 from TPU Great Lakes, IL

911007:  Report of Return of Deserter: Surrendered to military authority at 1330, 91OCT04 at Little Rock AFB, AR (84 days). No civil charges pending, transferred to TPU Great Lakes, 2020, 91OCT05. Restricted at 2020, 91OCT05.
NOTE: DISCHARGE PACKAGE AND MBR'S REQUEST FOR DISCHARGE IN LIEU OF COURT-MARTIAL NOT CONTAINED IN RECORD AND APPLICANT HAS NOT PROVIDED IT.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 911018 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 or any medical treatment given to the applicant to be of sufficient nature to exculpate the applicant from his misconduct of record. In fact, the Board has seen no connection between the applicant's medical condition and his misconduct which began before his medical condition was diagnosed. In addition, the applicant’s discharge packet is not present in his records, therefore, the Board must assume regularity in government affairs. Relief is not warranted.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 7, effective
25 May 89 until 14 Aug 91, 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 [e.g., 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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