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NAVY | DRB | 2000_Navy | ND00-00480
Original file (ND00-00480.rtf) Auto-classification: Denied


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

ex-AA, USNR
Docket No. ND00-00480

Applicant’s Request
The application for discharge review, received 000302, requested that the characterization of service on the discharge be changed General/under Honorable conditions or Entry level separation or uncharacterized. 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 000928. 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/Fraudulent entry, authority: NAVMILPERSMAN, Article 3630100.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. I am respectfully requesting that my discharge be up-graded. As you will read in my (physiatrist)? evaluation. I was released due to lying about drugs. But however I was telling the truth upon my enlistment in the Navy. I did not do or use drugs prior to my military enlistment. In other words I lied to get out, because I simply just could not handle it. And now I regret this decision. My Father was a Vietnam Vet, in the Marine Corps. He died in Sept. of 98. My last promise was to him that I would get my life in order and to file the proper papers to upgrade my discharge to make in proud, as well as my self. I am not asking you to change my reentry code. I only hope and pray that maybe you will find it in your hearts on the board to see that this happens. It has been nine years since this release. I feel that it is time for a change in my discharge. It will be greatly appreciated. Thank you for your time and consideration in this matter.

2. I also feel that my discharge was inequitable because it was based on one isolated incident in less than 28 months of service without the consideration of any other adverse action.

3. I am requesting that my discharge be upgrade to a General discharge or a Undesirable discharge.

 Documentation
Only the applicant's service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider.
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 900228               Date of Discharge: 910610

 Length of Service (years, months, days):

         Active: 00 07 20
         Inactive: 00 07 23

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 25

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.8 (1)     Behavior: 2.8 (1)                 OTA: 2.8

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/FRAUDULENT ENTRY, authority: NAVMILPERSMAN, Article 3630100.

 Chronological Listing of Significant Service Events :

900227:  Application for Enlistment (DD Form 1966): Applicant provided false statements by certifying that he had not used narcotics, stimulants, depressants, hallucinogens/psychedelic drugs, or marijuana.

900820:  Commenced active duty for 36 months under the Active Mariner Program.

900820:  USN Alcohol and Drug Abuse Screening Certificate (NAVCRUIT 1133/7): Applicant. failed to disclose pre-service drug abuse.
900828:  Retention Warning: Advised of deficiency (undisclosed pre-service marijuana abuse), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.     

910414:  Psychiatric evaluation: This 19 year old single Caucasian male, with 8.5 months of continuous service, assigned to USS MIDWAY for 3 months, was seen aboard the USS MIDWAY on 14 Apr 91 by referral from the Chaplain due to dysphoria over long-standing family problems. History was obtained from pt, screening questionnaire, and outpatient medical record which were felt to be reliable.
         HPI: Pt reported worsening of his long standing anger and dysphoria upon recently receiving letters form each of his biological parents. Both were apologetic for neglectful and abusive parenting he had received. Pt now wants to reunite with time. He also reported inability to tolerate the routine aspects of military service, feeling trapped with shipboard assignment. He endorsed intermittent insomnia, decreased appetite, irritability and dysphoria, and recurrent self-destructive ideation. Denied decreased self-esteem, self-deprecatory thoughts, energy, anhedonia, decreased concentration or decrement in work performance. Considered dropping a heavy object on foot to enable him to secure release from active duty or jumping overboard, although had refrained. Upon being noticed by a co-worker crying and withdrawing, he was brought to Chaplain's attention and sent for psychiatric evaluation.
         PH: Pt's past psychiatric history was remarkable for a longstanding pattern of impulsivity and substance abuse,…………recurrent suicidal ideation, truancy, fighting, and vandalism. He has history of walking in street without checking oncoming traffic, overdosed on barbiturates on one occasion, lacerated left wrist on another, both at age 17. Seen as outpatient treatment at age 10 briefly and for an extended period at age 17 by psychiatrist, but didn't received pharmacotherapy. Never psychiatrically hospitalized. Pt reported extensive drug use prior to enlistment, including alcohol, marijuana, heroin, LSD, amphetmines and barbiturates. Discontinued drug use prior to enlistment and decreased alcohol use to 1-2 drinks/day. Alcohol dependence in both biologic parents and alcohol and drug dependence in his brother.
         SH: Pt oldest of 4 siblings born to chaotic and abusive West VA family. Taken from parents by foster care agency at age of 5 due to excessive physical, emotional and verbal abuse. Lived in numerous foster homes. Never felt comfortable in any of them. Lived with paternal grandparents from age 9 to 16, although then entered boy's home due to behavioral problems and polysubstance abuse. Repeated 7 th grade due to truancy, suspended numerous times for fighting, substance abuse and disrespect and temporarily discontinued school in 10 th grade. Did eventually complete high school, enlisted USN to curtail substance abuse with poor adaptation and motivation for military service.
         MSE: Pt alert and oriented….made limited eye contact and demonstrated slightly increased psychomotor activity, manifested my manipulating his hat in his hands. ……………He denied perceptual disturbances, paranoia, or referential thinking, except vividly recalling his abusive parents' behavior and voices. Denied current suicidal or homicidal ideation, plan, or intent.
         ASSESSMENT: AXIS I: Polysubstance Dependence, in Full Remission
                           AXIS II: Personality Disorder, Not Otherwise Specified
                                    With Borderline and Antisocial Features
                           AXIS III: None
         DISCUSSION: Suspect pt with some embellishment of symptoms to assure discharge from military service. Although has some depressive symptoms, the are not felt of sufficient severity to warrant the diagnosis of a major affective disorder.
         RECOMMENDATION: Advises expeditious administrative separation and transfer to TPU. Not considered mentally ill and returns to full duty. Does manifest a long-standing disorder of character behavior which is of such severity as to interfere with his serving adequately in the Navy. Although not imminently suicidal or homicidal, he is a continuing risk to do harm to himself or others. Expeditious administrative separation is recommended and transfer to TPU..

910423:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of defective enlistment and induction due to Fraudulent entry and Convenience of the Government due to personality as evidenced by your psychiatric evaluation of 15 April 1991.
910423:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. Applicant did not object to separation.

910514:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of defective enlistment and induction due to Fraudulent entry and by reason of Convenience of the Government due to Personality disorder. Commanding officer’s comments (verbatim): "AA (Applicant) fraudulently enlisted in the Navy by willfully concealing his extensive pre-service drug usage by knowingly providing false statements denying any pre-service drug usage. Even after RTC Great Lakes became aware of AA (Applicant)'s pre-service use of marijuana, AA (Applicant) continued to conceal his extensive pre-service use of drugs other than marijuana. Although AA (Applicant) has been diagnosed as having a personality disorder with borderline and antisocial features, I most strongly recommended, IAW reference (c) (NAVMILPERSCOMINST 1910.1D), that he be discharged under other than honorable conditions ASAP in that his fraud involved concealment of misconduct which, if occurring on active duty, could result in an other than honorable discharge"

910522:  BUPERS directed the applicant's discharge under Other Than Honorable conditions by reason of defective enlistment and induction due to Fraudulent entry.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 910610 under Other Than Honorable conditions by reason of defective enlistment and induction due to Fraudulent entry (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).

In the applicant’s issue 1, the Board determined this issue is without merit. The applicant states he was released for lying about doing drugs and he lied to get out of the military because he could not handle it. He feels it’s now time for a change in his discharge. Unfortunately, the Board is unable to determine if the applicant is lying now about his drug use or if he lied to get out of the military. The facts are, the applicant admitted to extensive pre-service drug use and was properly and equitably discharged. Additionally, there is no law or regulation that allows for an upgrade of an individual’s discharge based solely on the passage of time. The applicant did not provide any post-service documentation for the Board to consider. Relief denied.

In the applicant’s issue 2, the Board determined this issue is without merit. The applicant states his misconduct was one isolated incident in less than 28 months. Navy regulations require mandatory processing for separation for drug abuse, regardless of the number of times drugs were used. The discharge was proper and equitable. Relief denied.

In the applicant’s issue 3, the applicant requests that his discharge be upgraded to a General discharge or an Undesirable discharge. The applicant has an under Other Than Honorable conditions discharge, which is undesirable. His discharge was proper and equitable. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 7/86, effective
16 Dec 86 until 19 Dec 93, Article 3630100, SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS DUE TO FRAUDULENT ENTRY INTO NAVAL SERVICE.

B. 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.

C. 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.

D. 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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