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NAVY | DRB | 2001_Navy | ND01-01175
Original file (ND01-01175.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND01-01175

Applicant’s Request
The application for discharge review, received 010911, 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. Subsequent to the application, the applicant obtained representation by the American Legion.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020517. 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 3630620.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. (Equity Issue) This former member requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, I assessing the merits of this application.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 and duplicate
Admin Discharge Package (12 pages) and duplicate
Copies of Medical Record (8 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     951214 - 960129  COG

 Period of Service Under Review :
Date of Enlistment: 960130               Date of Discharge: 960812

 Length of Service (years, months, days):

         Active: 00 06 13 (Doesn't exclude lost time.)
         Inactive: None

 Age at Entry: 29                          Years Contracted: 4

Education Level: 13½                        AFQT: 47

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 21

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

960509:  Unauthorized absence from SSC Great Lakes, IL at 0700.

960531:  Surrendered at SSC Great Lakes, IL at 1330.

 960621:  Naval Hospital, Great Lakes, IL: 30 year old, married male, with approx 4 months of active duty. Was hospitalized on the Inpatient Psychiatric Unit because he was depressed and concerned that he might commit suicide over the weekend.
Past History: Pt reported he was reared in intact family by an alcoholic father who was absent……….Pt reported that he began drinking at early adolescence and drank 10-20 beers a day. Reported that when he drank rum or hard alcohol he would have blackouts and become assaultive. Was arrested because he drove a car while intoxicated and drove car into a house. Pt stated he has smoke marijuana. He claims he used cocaine on a weekly basis prior to enlistment. Pt stated that he told recruiter of his extensive drug use but claims the recruiter told him to lie and not report it so that the recruiter could get credit for enlisting this particular individual. Pt reported that he had a past suicide attempt when he tried to hang himself, but was prevented by his sister…………….Pt gives a long history of impulsivity, a need for immediate gratification, self centered behavior, irresponsibility, reckless disregard for others particularly as manifested by driving while intoxicated, and a lack of anxiety, guilt or remorse. He stated that he is currently depressed because he is away from his wife. He does not manifest biological depression at this time.
Mental Status Exam: Admitting mental status exam reveals an cooperative male who sits across from the examiner. Pt has an IV in arm because he claims he wants to go home and is not interested in eating until he goes home. He also claims he is not eating because he was on unauthorized absence for 26 days and is worried about a Captain's Mast………………….He denies hallucinations or delusions. His thinking is coherent and goal directed, although his English is poor. Admitting Diagnoses:
AXIS I: Alcohol Dependence, partial remission; Cocaine Abuse; Cannabis Abuse
AXIS II: Personality disorder, not otherwise specified, manifested by impulsivity, failure to plan ahead, need from immediate gratification, self centered behavior, reckless disregard for the rights of others, and recurrent suicidal ideation and past suicidal act in response to his inability to tolerate frustration when he can't get his own way.
AXIS III: No Active Physical Illness
AXIS IV: Stressors relate to the routine duties of the Navy.
AXIS V: Global assessment of functioning 60 at the time of admission
Plan: Admit pt to the Inpatient Psychiatric Unit, attempt to stabilize or treat his situational depression which is a product of his severe personality disorder with ward milieu therapy. Clearly this individual has may problems which should have precluded enlistment in the Navy, not the least of which is his poly substance abuse and alcohol dependence. Pt has a severe personality disorder which will cause him to commit suicide if he remains on active duty. An attempt will be made to stabilize this individual so that he can be sent back to duty to await processing out……………………Prognosis is guarded. He should be expeditiously separated by way of entry level separation ……………. This individual does not have a treatable condition. He has no motivation to stop using drug and his personality disorder is not treatable. He remains on the Inpatient Psychiatric Unit in an effort to educate him as to how he can gain some control over his behavior. Prognosis is poor.
960704:  NJP for violation of UCMJ, Article 86: on or about 0700, 9 May 96, without authority, absent himself from his organization, to wit: SSC Great Lakes and remain so absent until 1330 hours, 31 May 96, a period of approximately 21 days.
         Award: Restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
960701:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse, convenience of the government on the basis of a personality disorder, defective enlistment and induction due to erroneous enlistment and defective enlistment and induction due to fraudulent entry into the naval service as evidenced by your Chronological Record of Medical Care.

960701:  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.
960703:  Commanding Officer, SSC, Great Lakes recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use), convenience of the government on the basis of a personality disorder, defective enlistment and induction due to erroneous enlistment and defective enlistment and induction due to fraudulent entry into the naval service. Commanding officer’s comments (verbatim): "FR (Applicant)'s misconduct is summarized above and he has clearly demonstrated no potential for further useful naval service. FR (Applicant) was admitted to the Mental Health Unit, Naval Hospital, Great Lakes because he was depressed and concerned that he might commit suicide over the weekend. During the course of the psychological evaluation FR (Applicant) also admitted to drug use while on active duty and extensive pre-service drug abuse which he failed to disclose upon enlistment. If evidence of FR (Applicant)'s alcohol dependency had been known prior to enlistment, it would have been considered a disqualifying factor for entry into the naval service. I concur with the psychological evaluation and recommendation that FR (Applicant) should be separated from the naval service. I strongly recommend that FR (Applicant) be separated from the naval service with a discharge characterized as Other Than Honorable Conditions."

960806:  Commander, Naval Training Center, Great Lakes directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960812 under other than honorable conditions for misconduct due to drug abuse (use) (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 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, 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 . Navy Military Personnel Manual, (NAVPERS 15560C), Change 9/94, effective
22 Jul 94 until 02 Oct 96, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE.
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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