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NAVY | DRB | 2002_Navy | ND02-00363
Original file (ND02-00363.rtf) Auto-classification: Denied


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

ex-OSSA, USN
Docket No. ND02-00363

Applicant’s Request
The application for discharge review, received 020131, 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 021206. 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 1910-142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. On June 22, 1998, while on regular authorized leave, I was involved in an automobile accident, whereas I sustained a severe concussion. This head injury required the use of earplugs, a walker and sunglasses, to sustain what little equilibrium I may have had, as well as reaction to noise and bright lighting.

At my request upon arrival at Great Lakes, IL, I was not returned to my command, USS KITTY HAWK, that was deployed overseas, I personally feel, if it had not been for the severe head injury involved, I would have desired to return to my command.

Having served 11 months on active duty with no prior discipline infractions, I respectfully request this issue should be reconsidered and upgraded accordingly from an UOTHC to Honorable and be reinstated with an RE-1 Code to authorized future eligibility towards enrollment within military service.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Sidney Police Department Record Check
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR(DEP)               960813 - 970709  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 970710               Date of Discharge: 990108

 Length of Service (years, months, days):

         Active: 01 05 29 (Doesn't exclude lost time.)
         Inactive: 00 00 00

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12     

AFQT: Percentile not available, ASVAB scores in service record.

 Highest Rate: OSSA

 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: 75

* No Marks Found in service record.

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605). [Note BUPERSINST 1900.8 list the authority as 3630600 instead of 3630605.]

 Chronological Listing of Significant Service Events :

[Administrative discharge processing package not contained in service record.]
980702:  Unauthorized absence from Transit Personnel Unit (TPU), Great Lakes, IL since 0730.

980917:  Surrendered to military authorities at TPU, Great Lakes at 1400. Retained onboard for disciplinary action/disposition.

980917:  Mental Health Staff, Naval Hospital Great Lakes, IL: 19 year old single male, E-3 with 1 year continuous active duty is UA from USS KITTY HAWK as of 02Jul98. Pt referred for psychiatric assessment through Patient Admin, as the pt presented himself to the hospital for continued assessment. He was scheduled for neuropsychological testing but stated that he did not keep the appointments because he does not want to return to the Navy. He reported that while he was on leave in June of 1998 he was involved in an automobile accident and had a closed head injury with loss of consciousness. After he was discharged from the hospital, he returned home and decided not to return to the Kitty Hawk. He stated that he does not like the Navy and did not plan to return to the Navy. He reported, however, that after speaking with his family he decided that he would come back and turn himself in. Pt reported that after his head injury he had been experiencing problems with phonophoto phobia. He treated himself by drinking "2 or 3" containers of 40oz of beer a day and a case of beer on weekend to diminish his phonophoto phobia, headache, and his dysphoria at being in unauthorized absence in a deserter status… No psychotic symptoms were noted. Judgment as to simple life situations was adequate. No suicidal and homicidal or assaultive impulses and thoughts were reported or noted. No psychosis was noted.
         Impression: AXIS I: Rule out Post Concussion Syndrome.
         AXIS II: Personality Disorder not otherwise specified with Antisocial and Narcissistic Personality Behavioral Patterns.
         AXIS III: History of Closed Head Injury in June of 1998.
         AXIS IV: Stressors relate to unauthorized absence status and routine duties.
         AXIS V: Global Assessment of Functioning 65.
         This individual is safe to be put in Medical Hold. He will be rescheduled to see Dr. C_ and Dr. N_ for continued psychological and neurology evaluation. No psychotropic medications are indicated.

981005:  Naval Hospital Great Lakes, IL: Has been on medical hold for 3 weeks and has seen Dr. N_. He arrives here with no medical record. He has had a low back pain "ever since my car accident in June." He ran his car into a ditch but it did not turn over. He was belted. A friend dragged him out of the car. "I was knocked unconscious for 10-15 min." "I haven't had any treatment for it. I can't do anything." He was in Miami Valley Hospital for 10 days, "when I was discharged I was walking with a walker." He did have a muscle relaxer. X-Rays of pelvis and lower spine were reported negative. Dr. N_ prescribed Elavil for his headaches. States: "I think my back and my headaches are getting worse." He is wearing dark glasses for photosensitivity.
Conclusion: Back Straining - subsiding. Recommend antiinflammatory meds. He does walk with slight limp favoring left leg.
981015:  Mental Health Dept, NavHosp Great Lakes, IL advises Admin Sep Div, USS KITTY HAWK that Applicant is considered unsuitable for military service due to diagnosis of the following disorder that is sufficiently severe to impair significantly the member's ability to function effectively in the military environment:
         DSM IV Diagnosis: AXIS II: Personality Disorder, Not Otherwise Specified, with Antisocial and Narcissistic Behavioral Patterns.
         This service member is recommended for administrative separation. He is considered safe to be put in TPU while awaiting transfer to his command for separation. He is considered responsible for the consequences of his behavior. This disorder is not considered amenable to effective treatment in the military setting.

990108:  Applicant discharged under other than honorable conditions by reason of misconduct due to being absent without leave 30 days or more.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 990108 under other than honorable conditions for misconduct due to absent without leave - 30 days or more (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 failed to provide documentation sufficient to overturn the presumption of regularity concerning his administrative separation by reason of his unauthorized absence. The Board found that his automobile accident and subsequent injury does not mitigate his misconduct. Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore 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 inequity must have existed during the period of enlistment in question. The record does not reflect that any such error or inequity 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. Relief not warranted.

 The Applicant 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. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until Present, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

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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