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NAVY | DRB | 2000_Navy | ND00-00263
Original file (ND00-00263.rtf) Auto-classification: Denied


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

ex-AR, USNR
Docket No. ND00-00263

Applicant’s Request
The application for discharge review, received 991216, 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 000810. 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/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     931218 - 940110  COG

 Period of Service Under Review :
Date of Enlistment: 940111               Date of Discharge: 950518

 Length of Service (years, months, days):

         Active: 01 04 08
         Inactive: 00 00 00

 Age at Entry: 20                          Years Contracted: 8

 Education Level: 12                        AFQT: 41

 Highest Rate: AR

 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: 100

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

940728:  Applicant on unauthorized absence from USS THEODORE ROOSEVELT from 2100, 94JUL28 until 0700, 94JUL30 (1 days/surrendered).

940823:  Applicant on unauthorized absence from USS THEODORE ROOSEVELT at 0400, 94AUG23.

940923:  Applicant declared a deserter having been an unauthorized absentee since 0400, 94AUG23.

941105:  Report of Return of Deserter. Applicant surrendered to military authorities at 1500, 94NOV01onboard USS THEODORE ROOSEVELT (CVN 71) at Norfolk, VA having been an unauthorized absentee since 94AUG23 (70 days). Returned to military control.
941106:  Medical department: A: 1 Suicidal ideation, 2 personality disorder NOS, 3 R/O PTSD. P. 1 Maintain suicide watch in brig, 2 F/U PRN. Addendum: Applicant not allowed to be maintain in ship's brig with suicidal ideations. So applicant sent back to medical for admission to inpatient ward for observation with 24 hour suicide watch.
941115:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86.
         Specification: Unauthorized absence from 0400, 23Aug94 to 1500, 1Nov94 (70 days/surrendered).
         Finding: to Charge I and the specification thereunder, guilty.
         Sentence: Forfeiture of $550.00, confinement for 20 days, restriction for 20 days.
         CA action 941116: Sentence approved and ordered executed.
941116:  Applicant found fit for confinement or full duty.

941117:  Psychiatry Department: Diagnosis: Personality disorder not otherwise specified, 301.90 as manifested by procrastinate, becomes irritable or argumentative when asked to do something he does not want to do, protest without justification that others make unreasonable demands on him, has a pattern of unstable and intense interpersonal relations, has an inappropriate intense anger, has a chronic feeling of emptiness or boredom.

941201:  Applicant released from confinement having served 17 days of sentence adjudged on 15Nov94. Given 3 days credit for good behavior.

941220:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Commission of a serious offense as evidence by absent without leave (30 days or more) and by reason of Convenience of the government of the basis of personality disorder.
941220:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
950103:  Psychiatry: Diagnosis: Axis I: Episodic alcohol abuse, Axis II: Personality disorder, Axis III: Chronic insomnia, EPTE, not service aggravated, which is secondary to Axis II diagnosis and exacerbated by ETOH abuse. Recommendation: 1. Pt is fit for full duty. 2. Pt denies current SI/HI and is responsible for his actions. He contracts for safety. 3. Concur with previous recommendation for admin sep. 4. Plan d/w. Pt positive he understands. 5. POC LT W_. 6. Pt to call for follow up as needed. Pt instructed to stop drinking.

950120:  Applicant to unauthorized absence 0700, 20Jan95.

950121:  Applicant missed ship's movement.

 950202:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to Commission of serious offense (absent without leave 30 days or more), that the applicant does not have a personality disorder, that the misconduct warranted separation, and recommended discharge under Other Than Honorable conditions.

950208:  Applicant from unauthorized absence 1950, 8Feb95 (19 days/surrendered).

950208:  Psychiatric Department: Imp: I Alcohol abuse, II personality disorder NOS with narcissistic and borderline traits, III low back pain, chronic knee pain. Rec: 1. Return to duty psychiatrically. 2. Responsible for actions. 3. No psychiatric follow up needed nor desired. 4. Pt should address med problems with command medical. 5. DAPA should arrange Level II rehab if retained. 6. Pt understands plan. 7. Discussed with staff.

950208:  Applicant to unauthorized absence 2030, 8Feb95.

950214:  Applicant declared a deserter, having been an unauthorized absentee since 2030, 95FEB08 from the USS THEODORE ROOSEVELT (CVN 71).

950218:  Report of Return of Deserter. Applicant surrendered to military authorities 1245, 95FEB 18 (10 days UA). Returned onboard SUU THEODORE ROOSEVELT 2330, 95FEB22.

950222:  Medical Department: A: (1) Personality disorder NOS, (2) Stress Rx R/O mood disorder. P: (1) Consult to psychiatry 6Mar95....(2) follow up with medical or chaplain PRN. (3) Pt fit for full duty and responsible for his actions. Pt is not suicidal/homicidal.

950301:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Commission of a serious offense and by reason of Convenience of the government on the basis of personality disorder.

950516:  BUPERS directed the applicant's discharge under Other Than Honorable conditions by reason of misconduct.

950518:  Psychiatric evaluation. This was the third evaluation and second NMCP admission. Observation was for suspected mental condition poly-substance abuse. Member was discharged from Ward 3-G on 27 Apr 95 with a diagnosis borderline and antisocial features, severe, EPTE and a medical board was submitted for him. At that time the hospital staff did not know that the patient’s command had received discharge authority with a separation date of 29 Apr 95 and had arranged for him to be separated with an Other Than Honorable discharge. Two days prior to discharge the ward medical officers were contacted by BuMed and Norfolk Naval Base Legal Department questioning why the patient remained on active duty. They were advised that the patient’s medical condition was now stable and that his discharge could proceed. When patient learned of his command’s plans, he decompensated, began to self-mutilate and became suicidal. Patient was readmitted to Naval Hospital Portsmouth Virginia on 10 May 95, then discharged 18 May 95. Discharge diagnosis: 1: Personality disorder not otherwise specified with borderline and antisocial features, severe, EPTE, 2: poly-substance abuse, 3: bilateral patellofemoral syndrome. There were no psychiatric contraindications to any administrative, disciplinary or legal actions deemed necessary by the parent command.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 950518 under Other Than Honorable conditions for misconduct due to absent without leave (30 days or more) (A). The Board presumed regularity in the conduct of governmental affairs (B). 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 introduced no decisional issues for consideration by the Board.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective
22 Jul 94 until 02 Oct 96, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT.

B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 86, for unauthorized absence for a period in excess of 30 days, if adjudged at a Special or General Court-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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.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:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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