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NAVY | DRB | 2001_Navy | ND01-00091
Original file (ND01-00091.rtf) Auto-classification: Denied


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

ex-AKAR, USN
Docket No. ND01-00091

Applicant’s Request
The application for discharge review, received 001019, requested that the characterization of service on the discharge be changed to honorable. 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 010510. 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 HONORABLE CONDITIONS (GENERAL)/Physical disability existing prior to entry on active duty established by physical evaluation board proceedings. Not entitled to severance pay, authority: NAVMILPERSMAN, Article 3620270.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
The reason I would like Board to consider changing my discharge is:

 1. My discharge was a honorable conditions general discharge and I was told when I was discharged that I would be able to use my GI Bill to go to school. Now that I have decided to better myself and go back to college I have been told that this is not good enough. And, that only a true Honorable discharge will let me use my GI Bill money that I paid for.

2. The reason for my discharge was stress and depression caused in part by my tour in the Gulf during Desert Storm. My discharge was not for conduct unbecoming.

Please change my discharge to a Honorable so that I might better myself and go to school. Thank you for your time in this matter.

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     890731 - 900709  COG

 Period of Service Under Review :
Date of Enlistment: 900710               Date of Discharge: 920730

 Length of Service (years, months, days):

         Active: 02 00 21
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 57

 Highest Rate: AKAA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.0 (1)     Behavior: 2.6 (1)                 OTA: 2.0

 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 HONORABLE CONDITIONS (GENERAL)/Physical disability existing prior to entry on active duty established by physical evaluation board proceedings. Not entitled to severance pay, authority: NAVMILPERSMAN, Article 3620270.

 Chronological Listing of Significant Service Events :

920108:  Naval Hospital, Portsmouth, VA: 19 year old single male evaluated at the Lafeyette River Branch Clinic, Naval Hospital, Portsmouth on 30 Nov 91 with complaints of depression, fatigue and evaluation for fitness for duty. History of present illness was obtained from pt and available records. Mbr reported a pattern of hypersomnolence for several weeks. Described a long-standing pattern of depressed mood occurring more often than not dating back to his adolescence. Described one prior suicide attempt and an episode where he had suicidal contemplation with Plan. Mbr described a pattern of not fitting in well with his shipmates. Reported being picked on by shipmates and occupying himself with activities involving death and morbid subjects. Deny any recent thoughts of a suicidal nature. Mbr stated he rarely drinks. Denied any alcohol-related incidents. Mbr felt motivated and wanted to continue his Naval career on his initial evaluation and was enrolled in Stress Management and serial outpatient follow-up for supportive therapy.
         Findings: After an adequate period of observation, evaluation and treatment, a conference of staff psychiatrists reviewed the available records and current findings and agreed that the service member suffers from a mental illness of neurotic proportions that precludes his rendering any further useful military service.
 Diagnosis: Dysthymia, EPTE, #300.40, NOT SERVICE AGGRAVATED manifested by a greater than two year history of feeling depressed more often than not with mild neurovegetative symptoms not consistent with Major Depressive Disorder.
Recommendations: Medical Board met and is of the opinion that the pt is unfit for further military service as a result of a physical disability and that physical disability existed prior to enlistment and is considered to have neither incurred in or to have been aggravated by a period of active duty. Medical Bd is further of the opinion that service member fails to fulfill the minimal standards for enlistment or induction. Recommends that member be discharge IAW NAVMILPERSMAN 3620270.
920127:  Medical Board, Naval Hospital Portsmouth, VA diagnosed applicant with Dysthymia, EPTE, Not Service Aggravated (#300.40).

920127:  Applicant accepts findings of the Medical Board.

920408:  NJP for violation of UCMJ, Article 86: Absent without leave FM 0030 92FEB16 TO 0140, 92FEB14, FM 0745, 92MAR05 TO 1530, 92MAR05, FM 0745, 92MAR06 TO 1530, 92MAR06, FM 0745, 92MAR09 TO 1530, 92MAR09, FROM 0745, 92MAR11 TO 1230, 92MAR11, FM 1230, 92MAR12 TO 1530, 92MAR12, FM 0745, 91MAR13 TO 1530, 92MAR13, FM 1230, 92MAR16 TO 1530, 92MAR16, FM 0745, 92MAR17 TO 1230, 92MAR17, FM 1230, 92MAR18 TO 1530, 92MA18, FM 0745, 92MAR20 TO 1530, 92MAR20, FRM 0745, 92MAR23 TO 1530, 92MAR23, FROM 1230, 92MAR24 TO 1530, 92MAR24, FM 1230, 92MAR25 TO 1530, 92MAR25, FM 0745, 92MAR26 TO 1530, 92MAR26, FM 0730, 92MAR27 TO 0835, 92MAR27, FM 0730, 92MAR30 TO 0815, 92MAR30; and violation of UCMJ, Article 117: provoking speech.
         Award: Forfeiture of $441 per month for 2 months, restriction to Nimitz Hall for 60 days, reduction to E-1. No indication of appeal in the record.
920429:  BUPERS refer the medical board proceedings to the Physical Evaluation Board (PEB).

920506:  Naval Hospital, Portsmouth, provides an Addendum to Medical Board Report, with additional limitations for the applicant.
920604:  PEB advises applicant that he is Unfit for Duty, with a Diagnoses of Dysthymia 300.40, EPTE Not Aggravated, Not Ratable.
920626:  Applicant accepts the Findings of the PEB

920713:  BUPERS directed the applicant's discharge by reason of physical disability, severance pay not authorized.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920730 under honorable conditions (general) by reason of physical disability existing prior to entry on active duty, established by physical evaluation board proceedings, not entitled to severance pay (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 first issue states: “My discharge was a honorable conditions general discharge and I was told when I was discharged that I would be able to use my GI Bill to go to school. Now that I have decided to better myself and go back to college I have been told that this is not good enough. And, that only a true Honorable discharge will let me use my GI Bill money that I paid for.” The Board found the applicant’s discharge proper and equitable based on the applicant’s documented misconduct and performance marks. The NDRB has no authority to change a discharge on a basis other than propriety and equity such as the availability of veterans benefits. Relief is not warranted.

The applicant’s second issue states: “The reason for my discharge was stress and depression caused in part by my tour in the Gulf during Desert Storm. My discharge was not for conduct unbecoming.” After review of the applicant’s service records the NDRB noted the applicant’s mental condition that existed prior to entry into the Naval Service supported the reason for discharge. The applicant’s performance marks and documented misconduct on active duty support the characterization of service as General Under Honorable Conditions. Relief is not warranted.

 The NDRB is authorized to consider post-service factors in the re characterization of a discharge. 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 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. The Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, Article 3620270, SEPARATION OF ENLISTED PERSONNEL ON ACTIVE DUTY (INCLUDING ACTIVE DUTY FOR TRAINING) BY REASON OF
PHYSICAL DISABILITY.

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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