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NAVY | DRB | 2002_Navy | ND02-00938
Original file (ND02-00938.rtf) Auto-classification: Denied


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

ex-AKAA, USN
Docket No. ND02-00938

Applicant’s Request
The application for discharge review, received 020618, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. The Applicant requested a documentary record discharge review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030314. 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 - Pattern of Misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. Veterans Affairs:

I (Applicant) went UA (unauthorized absence) because I felt the U.S. Navy was not addressing my problem at that time I did not know to what extent of a problem I have. I've enclosed documentation which expresses dissatisfaction with my medical evaluation and my job I was doing I trained to be Aviation Storekeeper and never got to utilize these skills. As you can also tell by diagnosis I suffered from anxiety, numbness, sleeping paralysis, and agreed to return to Chief P_ which I did! I feel I done everything possible to leave under honorable conditions but the Navy seemed not interested in helping me cope with my medical problems. Although they did let me talk to the Chaplain on several occasions but this did not help my condition.

In boot camp I was in Hall of Fame Company In A' School I graduated and earned my wings as an aviation storekeeper

All of these things I consider honorable only until I started suffering from my medical conditions which are now worse than ever is when I felt the U.S. Navy turned their back on me which gave me a real emotional roller coaster ride

When I went UA I was suffering from medical ailments plus I was chipping paint far from what an aviation storekeeper does I felt betrayed in both areas.
My medical CARE and my job I was doing.

Now my condition has worsened and I'm asking & begging for your help. I've already sent medical records how I'm worse today and how those same conditions I've suffered from have overlapped in more serious problems

Yes, I would like a personal hearing.

Thank you,

I suffer now from:
Panic Attacks
AnxietyAttacks
Irregular heart beat
Agoraphobia
Sleeping Paralaysis
Nervous Disorder
My current medical records can explain my illness in detail and what types of mediations I'm on.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant 's DD Form 214 (2 copies)
Letter from Barnsley Gardens, dated November 2, 2001
Certificate for Employee of the Month, dated August 31
Diploma, dated June 9, 2000
Certificate of completion, Aviation Storekeeper “ A ” School, dated February 15, 1991
Certificate from Recruit Training Command, dated November 16, 1990

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     900529 - 900919  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 900920               Date of Discharge: 920824

 Length of Service (years, months, days):

         Active: 01 11 05                 
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 52

 Highest Rate: AKAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.10 (3)    Behavior: 3.00 (3)                OTA: 3.10

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 10

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

900921:  Applicant retained in the Naval service, despite defective enlistment and induction due to fraudulent entry into naval service as evidenced by failure to disclose your pre-service civil involvement. (1) Failure to stop, 7/89, Lafayette, GA, paid $53 fine, (2) Possession of alcohol by a minor, 10/89, Cartersville, GA paid $110 fine.

920410:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from unit 920401 to 920408 (7 days), (2) Unauthorized absence from appointed place of duty on 920409.
         Award: Forfeiture of $457 per month for 2 months, restriction and extra duty for 30 days. All punishments suspended for 6 months. No indication of appeal in the record.
920410:  Retention Warning from USS ENTERPRISE (CVN 65): Advised of deficiency (Unauthorized absence from unit.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920416:  Applicant declared a deserter. Unauthorized absence since 0645, 920415.

930417:  Applicant from unauthorized absence 1820, 920417
 (2 days/surrendered).
920421:  Partially vacate suspended forfeiture of $120.00 per month for 1 month and restriction for 30 days as awarded at CO's NJP of 920410 due to further misconduct.

920428:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 1700, 920426 until 0755, 920428 (1 day/apprehended).
         Award: Bread and water for 3 days. No indication of appeal in the record.
920428:  Partially vacate suspended forfeiture of $337.00 per month for 1 month as awarded at CO's NJP of 920410 due to continued misconduct.
920619   Extract from Chronological Record of Medical Care: AKAN (Applicant) referred for evaluation. The patient (Applicant) reports an acute ongoing stressor of fear over his sleep paralysis diagnosis. Patient (Applicant) fears that this may be a sign of AIDS or impending paralysis. Patient (Applicant) has been evaluated by both a civilian neurologist, (while UA), and a Navy neurologist, both of whom diagnosed patient (Applicant) with benign sleep paralysis. Patient (Applicant) remains unconvinced, however … Went UA to seek civilian treatment … reports dissatisfaction with his current duties - chipping and grinding in the S.T.S. Division. Patient acknowledged depressed mood, energy and poor motivation, but denied crying spells, appetite changes, and suicidal/homicidal ideation … patient (Applicant) denied history of self-mutilation, emptiness – though he did admit to looking for “ direction, ” mood swings, or fear of abandonment …
Evaluation: Axis I: Alcohol dependence, Occupational problems. Axis II: Antisocial & Borderline Traits, but no disorder apparent . Axis III: Sleeping Paralysis. Patient (Applicant) is fit for full duty. Patient (Applicant) counseled very strongly regarding drinking and driving. Patient (Applicant) acknowledged that this was unacceptable and states he is already trying to stop this. Agreed to stop drinking and driving immediately. Referred to command DAPA with recommendation for Level III Treatment.
920716:  NJP for violation of UCMJ, Article 86 (3 specs): (1) Abandoning watch on 920703, (2) Unauthorized absence from unit 1300-1600, 920709, (3) Unauthorized absence from unit 1710-2030, 920709, violation of UCMJ, Article 107 (2 specs): (1) False official statement on 920629, (2) False official statement on 920709.
         Award: Forfeiture of $440 per month for 2 months, bread and water for 3 days, reduction to AKAA. No indication of appeal in the record.
920720:  USS ENTERPRISE (CVN-65) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense as evidenced by all your punishments under the Uniform Code of Military Justice in your current enlistment.
920720:  Applicant advised of 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.
920706:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense. Commanding Officer ’ s comments (verbatim): [Subject member (Applicant) has appeared at CO ’ s NJP on three occasions for various violations of the Uniform Code of Military Justice. The presence of this member on board this command and in the Navy has a severe adverse impact on good order and discipline. He displays no self-discipline and he appears incapable of carrying out his duties in a loyal and obedient manner per his enlistment oath. He does not have the personal discipline to conduct himself responsibly or maturely. It is apparent that further counseling, leadership, or disciplinary action in this case would be fruitless. Therefore, I recommend that subject member (Applicant) be separated form the naval service with an other than honorable discharge.]

920807:  BUPERS 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 920824 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’s regulation limits its review to a determination on the propriety and equity of the discharge. The Applicant’s discharge was found to be proper and equitable as issued. Although the Applicant claims he felt betrayed by the Navy because: 1) he was never able to work in his aviation storekeeper rating and 2) he believes the Navy did not help him cope with his medical conditions, the Applicant ’ s feelings of betrayal do not constitute legitimate grounds for his behavior. T he Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his repeated disobedience of the orders and directives that regulate good order and discipline in the naval service, and falls far short of that required for an honorable characterization of service. The Applicant ’ s service record is marred by award of non-judicial punishment (NJP) on three occasions. There is no evidence in the official record to indicate that the Applicant was denied appropriate medical treatment. Furthermore, t he 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. An upgrade to honorable or under honorable conditions (general) would be inappropriate. Relief denied.
T here 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 evidence of post service accomplishments 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. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. 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, effective 15 Aug 91 until
04 Mar 93), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A 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 “ 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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