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NAVY | DRB | 2002_Navy | ND02-00433
Original file (ND02-00433.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND02-00433

Applicant’s Request
The application for discharge review, received 020228, 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 030131. 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). Discharged in absentia.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. (Equity Issue) This former member avers that his prodromal symptoms and subsequently diagnosed bipolar disorder extenuated his misconduct of record to warrant upgrade of his characterization of service.

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

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Job reference, dated December 19, 2001
New Orleans Police Department record check, dated December 19, 2001
Personal statement from Applicant, undated
Six pages from Applicant's service record
Applicant's DD Forms 214 (Member 1 and 4)
Letter from School of Medicine in New Orleans, dated March 21, 2000
Social Security Administration documentation regarding Applicant's disability benefits, dated June 29, 2001 (5 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)              981105 - 981122  COG

 Period of Service Under Review :
Date of Enlistment: 981123               Date of Discharge: 991117

 Length of Service (years, months, days):

         Active: 00 11 25
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 14                        AFQT: Unreadable

 Highest Rate: ETSA

 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: 59

 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 :

990730   Emergency Room visit. Referred to Mental Health Department for treatment. Applicant also placed on hold because of academic difficulties on this date.
990804   Applicant diagnosed with dysthymia.
         
990809   Applicant diagnosed with dysthymia and schizoid traits. Applicant prescribed Trazodone. [Applicant later admitted that he discontinued taking his medications.]
        
990819:  Applicant to unauthorized absence 0600, 19 Aug 99.

 990831   Extracts from Mental Health Department, Naval Hospital, Great Lakes, IL Patient Dictation:

History of Present Illness: The patient (Applicant) was in treatment with a psychiatrist and then a psychologist for several months between his eighth and ninth grades … He was also treated by a mental health worker in the tenth grade … At age 20, he was treated for six months by a psychologist …

Military Status: … He (Applicant) was dropped from ET Strand for academic reasons … and transferred to the STD barracks … Since transfer, he has refused to follow orders to go to the school house and participate in a work party.

Mental Status Examination: … He (Applicant) is alert, orientated and cooperative. His speech is clear and coherent but stilted and halting. There is a repetitive obsessional quality his thoughts and ideas. His eye contact is erratic but otherwise psychomotor behavior is within normal limits. His mood is depressed. His affect is constricted to depression. His thought content is congruent with his affect. His thought process is intact. There is no evidence of paranoid ideation, delusions, hallucinations or loosening of associations. There is evidence of passive suicidal ideation …

Recommendations: The patient (Applicant) presents with a chronic history of low grade depression with passive suicidal ideation. An attempt was made to treat him with a combination of both psychotherapy and medication. He abruptly discontinued the medication and reported that he felt that short term psychotherapy would not be of benefit to him … He has refused to leave his barracks and follow military orders. Given his deteriorating emotional state, refusal to comply with either mental health treatment or work demands, it is recommended that he be given an administrative separation …

990915   Mental Health Department, Naval Hospital, Great Lakes, IL psychological evaluation submitted to Administrative Separations Division: Diagnosis: Axis I: Dysthymia disorder, early onset, EPTE. Axis II: Personality disorder not otherwise specified, schizoid traits. Applicant recommended for an expeditious administrative separation. This disorder is not considered amenable to effective treatment in the military setting. Retention of service member is expected to result in a significant risk for psychological decompensation, reduced functioning, and/or a continuing danger to self or others …

990917   Applicant admitted to Methodist Hospital in New Orleans, Louisiana.
990922:  Applicant declared a deserter.

 991018   Service School Command, Great Lakes informed of Applicant ’ s psychiatric hospitalization in New Orleans, Louisiana.

991019   Applicant surrendered to Military authority at NSA New Orleans, LA at   
                  1030 hours, 18 Oct 99

991025:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and by reason of convenience of the government due to a personality disorder.

991025:  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

991108:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a personality disorder and the commission of a serious offense. Commanding Officer’s comments (verbatim): Per reference (a), enclosure (1) through (5) are forwarded. At 0600, 19 August 1999, (Applicant) went on unauthorized absence. (Applicant's) unauthorized absence totals over 30 days and is considered a serious offense. On 17 September 1999, (Applicant was admitted to Methodist Hospital in New Orleans, Louisiana. On 18 October 1999, Service School Command, Great Lakes was informed of his psychiatric hospitalization in New Orleans, Louisiana. (Applicant) is not fit to return to Service School Command, Great Lakes and will remain a resident of the Naval Ambulatory Clinic, a military facility, in New Orleans, Louisiana until he is discharged from the U.S. Navy. I recommend (Applicant) be separated from the naval service with a discharge characterized as Other Than Honorable based on his commission of a serious offense. In addition, I recommend (Applicant) be separated in absentia.

991117:  Commander, Naval Training Center, Great Lakes directed the Applicant's discharge under other than honorable conditions by reason of misconduct. Applicant discharged in absentia.

_________________________________________
Following information provided in Applicants documentation.

990917   Applicant attempted suicide and hospitalized with a diagnosis of Major Depression.

991018   Applicant hospitalized again in October 1999 with both depressive and manic symptoms, which included suicidal thoughts, hyperactive motor behavior and mental activity, grandiosity and a radical change in sleeping habits. (Applicant) was also noted to have some problems with social adjustment. His diagnosis was Bipolar Disorder and he was placed on Prozac.

991122   Applicant hospitalized at the Medical Center of Louisiana on November 22, 1999 with a diagnosis of Mood Disorder and a Personality Disorder, NOS.
        
000321   Applicant at this time was a patient at the LSU Adult Psychiatry Clinic with a diagnosis of Bipolar Mood Disorder. His condition was stable with medication.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged, in absentia, on 991117 under other than honorable conditions for misconduct due to being 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).

 Issues 1: 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. While the Applicant may feel that the prodromal symptoms of his subsequently diagnosed Bipolar Disorder were factors that contributed to his actions, the record reflects his knowing disregard for the requirements of military discipline and demonstrated that he was unsuited for further service. While in the service, the Applicant was diagnosed by competent medical authority and provided with the appropriate treatment. The Applicant consciously decided not to follow through with his prescribed medication or psychotherapy. The record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

Issue 2: 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, a positive employment record, documentation of community service and certification of non-involvement with civil authorities are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct. After a complete review of the record, including the evidence submitted by the Applicant, the Board determined that the Applicant’s discharge was proper and equitable and that his subsequent diagnosed Bipolar Disorder was found not to mitigate the misconduct for which he was discharged. Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of 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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