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NAVY | DRB | 2001_Navy | ND01-00264
Original file (ND01-00264.rtf) Auto-classification: Denied


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


ex-SR, USN
Docket No. ND01-00264

Applicant’s Request
The application for discharge review, received 010108, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed the American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020221. 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

1. (Equity Issue) As the documentary evidence of record supports, this former member avers that he had Bipolar Disorder while on active duty and that the symptoms of that psychiatric condition sufficiently mitigated his misconduct of record to warrant discharge under honorable conditions.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of administrative decision from Department of Veterans Affairs dated July 10, 2000
Letter dated May 3, 1999
 Statement in support of claim dated May 3, 1999
 Letter from applicant's mother
Letter from applicant's grandparents dated May 3, 1999
 Letters from psychiatric doctor dated September 29, 1998, July 26, 2000
 Letter from automotive instructor
Copy of rating decision from Department of Veterans Affairs, St Paul Regional Office dated August 15, 2000
 Copy of rating decision from Department of Veterans Affairs, St Paul Regional Office dated September 27, 2000
Copy of applicant's DD Form 214
Copy of authority for discharge dated May 14, 1998
Copy of travel certificate, separation without orders
Copy of applicant's microfiche record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USNR (DEP)     960823 - 961117  COG
Period of Service Under Review :
Date of Enlistment: 961118               Date of Discharge: 980515

 Length of Service (years, months, days):
         Active: 01 05 28
          Inactive: None
Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 38
Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 0.00 (0)    Behavior: 0.00 (0)                OTA: 0.00

 Military Decorations: None
Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 34
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).
Chronological Listing of Significant Service Events :

970711:  NJP for violation of UCMJ, Article 134: Underage drinking on 6Jun97.
          Award: Restriction and extra duty for 30 days. No indication of appeal in the record.
970711:  Retention Warning: Advised of deficiency (underage drinking), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

971219:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 8Dec97 to 14Dec97 (6 days), violation of UCMJ, Article 87: Missing ship's movement on 9Dec97.
         Award: Forfeiture of $505 per month for 1 month, correctional custody for 30 days. No indication of appeal in the record.
980405:  Emergency Room, Balboa Hospital (Psychiatry): 21 active duty medevac-ed from ship at sea due to thought of self harm. Pt history of alcohol rehab, multiple disciplinary problems at command. Provisional Diagnosis: Acute Situational reaction.
 When pt arrived to the E.R., he denied ever having suicidal ideation, stating that he said it soley to get off the ship. Pt states that he wants out of the military, that they treated him unfair throughout his career. Pt reports low fit reps. Pt admits to drinking up to 20 beers on weekends. Increased tolerance, increased drinking on many occasions when not intending to. Pt states he has gone through the 28 day military alcohol rehab program and he continued his drinking since then. Pt denies symptoms of depression or mania. Pt stated many times that he is very smart, that he is too good for the military and that none of the many difficulties in the military were his fault. Pt denies history of psychiatric illness, denies family psychiatric history. Admits to usage of marijuana 2 weeks ago. Positive marijuana on lab……….Pt appears angry and agitated……..Pt denies ever having suicidal ideations, pt contracts that he would not hurt myself. Insight and judgment poor.
Axis I: Malingering, alcohol dependence. Axis II: Narcissistic personality disorder. AXIS III: none.
Plan: Recommend admin sep for admitted marijuana use and for failure of alcohol treatment. Pt is not in need of hospitalization.
980510:  Medical, USS CAMDEN: 21 year old white male for ER follow-up. Was seen in ER (Balboa Naval Hospital) on 9 May 98 for compliant of hyperventilation/desire to hurt self by decreasing PO intake for 5 days/anxiety. Diagnosis was: Bipolar vs Panic disorder vs Alcohol/Drug withdrawal. He was discharged feeling improved, no longer wanting to hurt self. Today feels very well. "I want to live." Denies vigorously suicidal/homicidal ideations. Denies med/alcohol/drug use. Currently on restriction pending discharge next weeks. Mbr says that he was on some sort of medication for "thought disorder" prior to joining Navy, but cannot recall what it was. Mbr's Medical Record is in transit from San Diego.
         Assessment: Given pt pattern, over last several months, of depressed mood alternating with elation, and all the occupational/family/social upheaval this has caused, I'm inclined to give a diagnosis of Bipolar I/II, with hypomania currently. No evidence of psychosis currently or by history. I have discussed this with mbr's grandfather who attests to a long history of similar behavior since a teenager on the part of this mbr. I also suspect an additional diagnosis (or instead) a Manipulative-type of Personality Disorder (e.g. Borderline).
         Plan: Recommend strongly mbr be evaluated by a psychiatrist prior to leaving Navy. Mbr declines, but promises he will do so on return to home, with support of family. Cannot force him to submit to an eval at this time. Mbr is safe, and in my opinion understands his situation ………..In the meantime, grandfather will try to get medical records of psychiatrist mbr saw prior to joining Navy, in order to determine previous diagnosis and medical regimen. Mbr understand and agrees with plan.
980507:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 1430, 6Apr98 to 1649, 4May98 (28 days/surrendered), violation of UCMJ, Article 87: Missing ship's movement on 13Apr98, violation of UCMJ, Article 115: Malingering, to wit: feign suicidal ideations on 5Apr98.
         Award: Forfeiture of $463 per month for 2 months, restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.
980507:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, commission of a serious offense and alcohol abuse rehabilitation failure.
980507:  Applicant advised of his rights and having consulted 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.

980510:  Medical record: A: Doctor inclined to give a diagnosis of Bipolar I/II, with hypomania. P: Recommend strongly that applicant be evaluated by a psychiatrist prior to leaving the Navy. Applicant declines, but promises to do so on return to home with support of family.
980511:  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 alcohol rehabilitation failure.
980514:  Commander, Naval Surface Group Pacific Northwest 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 980515 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).
Issue 1. The Board does not consider the circumstances surrounding the applicant’s stated condition and implied incorrect diagnosis to be of sufficient nature to warrant an upgrade to his characterization of service. The Board could not establish that the applicant’s misconduct was directly related to the alleged medical condition of the applicant while on active duty. A characterization of service of under other than honorable conditions is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he applicant’s service was marred by award of nonjudicial punishment (NJP) for offenses triable by court-martial on three occasions and adverse counseling and medical evaluation entries on other occasions. The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in naval service, and falls short of that required for an honorable characterization of service. An upgrade would be inappropriate. Relief denied.
The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs or alcohol, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.

Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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 “ afls10.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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