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NAVY | DRB | 2000_Navy | ND00-00947
Original file (ND00-00947.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND00-00947

Applicant’s Request
The application for discharge review, received 000728, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance hearing before the board in the Washington National Capital Region. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010201. 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 - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I was in the psychologist ward in 1987-88 an they let me out saying nothing was wrong with me.

In 1994 I was ship to Warren State Mental Hospital and upon finishing the test the doctors and psyhc had done the said I was a manic depressed Bi polar person and I had this all my life and that the reason I tried to commit suicide in the military is because it was finally coming out and that why my attitude was the way it was.

Records for this I will bring to the Board.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Letter from Disabled American Veterans dated July 5, 2000
Copies of VA forms 21-4141 along with statements from the Pennsylvania Department of Public Welfare

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     851112 - 851209  COG

 Period of Service Under Review :
Date of Enlistment: 851210               Date of Discharge: 880728

 Length of Service (years, months, days):

         Active: 02 07 19
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 27

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.72 (5)    Behavior: 2.20 (6)                OTA: 1.84

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

 Days of Unauthorized Absence: 25

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

870331:  NJP for violation of UCMJ, Article 86: Unauthorized absence from MTIP test from 1300-1315, 18Mar87.
         Award: Correctional custody for 30 days, reduction to AA. Reduction suspended for 6 months. No indication of appeal in the record.
870730:  Vacates suspended reduction to AA awarded at CO's NJP dated 31Mar87 due to continued misconduct.
870730:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 113: Leaving post before being regularly relieved.
         Award: Forfeiture of $369 per month for 1 month, restriction for 30 days, reduction to AR. No indication of appeal in the record.
870730:  Retention Warning from Fighter Squadron 32: Advised of deficiency (Unauthorized absence and leaving your post while on watch before being properly relieved.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

871101:  Applicant's first psychiatric admission. Applicant cut wrist because he is fed up with the Navy. Diagnosis: Personality disorder NOS with passive aggressive and antisocial features and alcohol abuse vs dependence.

 871113:  Vacate suspended reduction to AR awarded at CO's NJP dated 31Jul87 due to continued misconduct.
871113:  NJP for violation of UCMJ, Article 115: Malingering, intentional self injury on 8Nov87.
         Award: Forfeiture of $329 per month for 2 months, restriction and extra duty for 45 days, page 13 warning. No indication of appeal in the record.
871113:  Retention Warning from Fighter Squadron 32: Advised of deficiency (Malingering ie intentional self injury.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 871230:  Applicant to unauthorized absence on 0830, 30Dec87.

880114:  Applicant from unauthorized absence 1822, 14Jan88 (15 days/apprehended).

880608:  Psychiatric evaluation: Diagnosis: personality disorder not otherwise specified with antisocial and passive aggressive features and alcohol dependence, continuous.

880708:  NJP for violation of UCMJ, Article 86 (4 specifications):
 Specification 1: Unauthorized absence 30Dec87 to 31Dec87.
Specification 2: Unauthorized absence from 26May88 to 27May88 (1 day).
Specification 3: Unauthorized absence from 1900, 27May88 to 0945, 31May88 (3 days).
Specification 4: Unauthorized absence from 30Jun88 to 0930, 6Jul88 (6 days).
Violation of UCMJ Article 89:
Specification 1: Disrespect toward legal officer on 24May88.
Violation of UCMJ Article 92:
Failed to obey lawful order issued by First Lieutenant division officer on 19May88.
Violation of UCMJ, Article 123A (4 specifications):
Specification 1: Presented a check for $150.00 to Navy Exchange knowing there were insufficient funds for payment.
(2: Presented a check for $150.00 to disbursing officer knowing there were insufficient funds for payment.
(3: Presented a check for $95.00 to USS JOHN F. KENNEDY (CV-67) knowing there were insufficient funds for payment.
(4: Presented a check for $95.00 to USS JOHN F. KENNEDY (CV-67) knowing there were insufficient funds for payment.
Violation of UCMJ, Article 134 (14 specifications):
Specification 1: Broke restriction on 18Nov87.
Specification 2: Broke restriction on 19Nov87.
Specification 3: Broke restriction on 20Nov87.
Specification 4: Broke restriction on 21Nov87.
Specification 5: Broke restriction on 23Nov87.
Specification 6: Broke restriction on 24Nov87.
Specification 7: Broke restriction on 25Nov87.
Specification 8: Broke restriction on 27Nov87.
Specification 9: Broke restriction on 28Nov87.
Specification 10: Broke restriction on 29Nov87.
Specification 11: Broke restriction on 7Dec87.
Specification 12: Broke restriction on 18Dec87.
Specification 13: Broke restriction on 19Dec87.
Specification 14: Broke restriction on 20Dec87.
          Award: Forfeiture of $335 per month for 2 months, restriction and extra duty for 30 days. Restriction and extra duty suspended for 6 months. Restriction and extra duty suspended due to pre-trial confinement of 70 days in Norfolk Brig. No indication of appeal in the record.

880708:  FITRON THREE TWO notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense, misconduct due to a pattern of misconduct, and a personality disorder.

880708:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights. [Extracted from CO's message dated 12 July 1988.]
880712:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense, misconduct due to a pattern of misconduct and a personality disorder. Commanding officer’s comments (verbatim): Counseling requirements met IAW MILPERSMAN 3630600. SNM signed page 13 entries on 30 July 1987 and 13 November 1987. AR (applicant) shows no potential for further service as demonstrated by his total disregard for military discipline and extreme lack of trustworthiness. Even after many formal and informal counseling sessions, he requires constant supervision by his superiors, takes no pride in his personal appearance, and has shown no initiative to improve himself. His presence in this command continues to be a complete detriment to good order and discipline. His numerous bad checks have brought discredit to the Navy and have no doubt hurt the possibility for other Navy personnel to write or cash checks at local civilian establishments. Recommend he be discharged under other than honorable conditions by reason of misconduct due to commission of serious offenses, misconduct due to a pattern of misconduct, and a personality disorder.

880722:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880728 under other than honorable conditions for misconduct due to a pattern of misconduct (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’s issue discussed his mental state. The NDRB found that while the applicant’s mental condition was noted while on active duty, competent medical authority noted that the applicant was responsible for his actions. Accordingly, the applicant was held accountable for his misconduct and properly processed for discharge. Relief is not warranted.

 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, effective 870615 - 890110), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT.

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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