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NAVY | DRB | 2002_Navy | ND02-01301
Original file (ND02-01301.rtf) Auto-classification: Denied


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

ex-FN, USN
Docket No. ND02-01301

Applicant’s Request
The application for discharge review, received 20020911, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The Applicant requested a personal appearance hearing discharge review in the Washington National Capital Region. The Applicant designated the Disabled American Veterans organization as the representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20030828. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. The Board’s vote was four to one that the character of the discharge shall not change and unanimous that the reason for discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/FRAUDULENT ENTRY INTO MILITARY SERVICE, DRUG ABUSE, authority: NAVMILPERSMAN, Article 3630100.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. My name is M_ S_ (Applicant). I am sending you this form to upgrade my discharge from a dishonorable discharge to a general discharge. In 1996 I join the Navy. During my boot camp training, I was suffering from mental illness. I was later diagnose with Bi-Polo disorder. Which speeds up the thoughts within my mind, which puts me in a state of paranoia. On one occasion, I was under the influence of my illness, and I told my psychologist things that were not true. I told him that I was abusing drugs and selling it, and because of those statements I receive a dishonorable discharge. No one has given me a drug test or even check my records, if they would have done those things, they would have known that I’ve been a law abiding citizen all my life. My psychologist knowing that I have Bi-Polo disorder should have recognize that I was ill when I was making those statements. Right now I see a psychologist once every two months, and take the drug Respridal for my illness. I would like to enter the filed of law enforcement. Please help change and upgrade my discharge.

2. Submitted by DAV:

After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current Under Other Than Honorable Discharge to that of General, Under Honorable Conditions.

The FSM served on active service from January 30, 1996 to July 24, 1996 at which time he was discharged due to Fraudulent Entry Into Military Service, Drug Abuse, with an Under Other Than Honorable Discharge.

The FSM contends the current discharge is improper because there is no evidence of drug abuse , other than his own fraudulent statement made and influenced by his Psychiatric Disability. Therefore it cannot be related as an issue. Also he notes that the notation of conduct has affected his ability to obtain gainful employment. Therefore the description of drug abuse should be removed from the applicant’s discharge, and replaced with a General Discharge, with the Narrative Reason For Separation noted as Personality Disorder.
This creates a need for a review of the application of the standard, for the Board to determine that the applicant’s discharge was improper. The Board will determine which reason for discharge should have been assigned based upon the facts and circumstances before the Board, including the service regulations governing the reasons for discharge at that time, to determine whether relief is warranted. See, SECNAVIST 5420.174 (c), Par. (f) (1).

In continuance, the FSM goes onto explain that the problem with his active duty were not derived from Drug Abuse , but from his disability. He went for examination and when questioned by the examiner, provided fraudulent statements, which caused the current discharge. But since his discharge he receives regular treatment for the condition and has a better understanding of its influence and how to cope with it.
As the representative, we ask that consideration be given to equitable relief, as this is a matter that involves a determination whether a discharge should be changed under the equity standards, to include any issue upon which the applicant submits to the Board’s discretionary authority, under SECNAVIST 5420.174C.

Under the premises of equitable relief, we believe the Board can remove the notation of drug abuse, and change of discharge to reflect a General discharge as requested by the member.
We ask for the Board’s careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Reverse of SF 93 dtd 11 Jun 96
Character Reference undtd ltr from Bishop M_ L. N_, Jr.
Applicant’s VA Form 21-22 (Claims Folder) dtd 3 Sep 02
Applicant’s undtd ltr to Board requesting status (received NDRB on 26 Feb 03)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     951221 - 960129  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 960130               Date of Discharge: 960724

 Length of Service (years, months, days):

         Active: 00 05 25
         Inactive: None

 Age at Entry: 29                          Years Contracted: 4

 Education Level: 13½                        AFQT: 36

 Highest Rate: FN

 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: None

*No Marks Found

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

UNDER OTHER THAN HONORABLE CONDITIONS/FRAUDULENT ENTRY INTO MILITARY SERVICE, DRUG ABUSE, authority: NAVMILPERSMAN, Article 3630100.

 Chronological Listing of Significant Service Events :

951221:  Report of Medical Examination upon entry: Applicant did not disclose existing medical conditions/problems, as a personality disorder.
951221:  DoD National Agency Questionnaire: Applicant failed to disclose alcohol/drug use.
951221:  Application for Enlistment (DD Form 1966): Applicant failed to disclose pre-service drug abuse or criminal activities.
960510:  DR. P_ S_, PH.D (Psychology Staff): Advised that patient should not under any circumstances be transferred to another duty station. He suffers from a serious mental condition known as, “Delusional Disorder,” 297.10 and a medical board has already been written for him to be out of the navy. He is receiving medication by our psychiatrist, DR. L_ that helps to keep the patient in better touch with reality.

960519:  Naval Hospital, Great Lakes, IL: Chief Complaint: “I got tired of being on hold. They are doing a medical board on me. I though by jumping out of the window, 30 feet up, it would make my discharge sooner. I was not suicidal. I saw DR. S_ and DR. L_ and DR. U_. DR. S_ said I have a paranoid delusional disorder. I was put on Navane. I still believe people are scheming against me. I do not know if it is real or not.” The patient reported.
 HISTORY OF PRESENT ILLNESS: The history of the present illness as revealed by the patient indicated that he is a 30 year old, unmarried, male with about four months active duty, who was admitted on May 1996 after the patient jumped from his SEQ window and fractured his left radius distally. The patient as noted above stated he manipulatively jumped from the window, not as a product of a mental illness but rather as an act of manipulation to get out of the Navy quicker. He is cognizant of the fact that Dr. S_ has written a Medical Board recommending separation because of paranoid delusional disorder.
Initially the patient stated that his paranoid thoughts occurred since he has been on active duty, but eventually he revealed that prior to enlistment he also had paranoid thoughts as he believed that the Jehovah's Witnesses were plotting against him. He also believed that a particular individual was a child molester and so charged him. The patient claims he was charged for rape and child molestation but the charges did not hold up. The patient stated that he joined the Navy because his life was a failure. He noted he has been unable to maintain employment and has added extra income by selling marijuana. The patient himself reported that he used to drink 3 containers of beer with 1/2 quart of rum at a time and would experience alcohol blackouts. He noted he drank more than he intend to, drunk while intoxicated, and reported that the alcohol would cause him to forget. He stated he smoked marijuana regularly because it would make him feel relaxed. The patient reported he was arrested once for not having paid a traffic fine.
The patient claims that once he came on active duty he felt that people were plotting against him. He decided he did not want stay in the Navy. He went to the Chaplain complaining of his paranoid feelings in that he could not tell what was a real fear from fantasies or delusions. He was thus referred by the Chaplain to Dr. S_ who made referrals to Dr. L_ and Dr. U_ for medication management. The patient was started on Navane, which he continues to take. The patient claims the Navane has diminished his paranoid thinking and caused him to "mellow out." In fact the patient reportedly took 20 mg of Navane before he jumped out of the window not as a suicide attempt or drug overdose but to feel more relaxed.
PAST HISTORY: The past history as revealed by the patient indicated that he was reared in an intact family and later as an adult his parents separated. He claims his father is an import/export person who sent things back and forth to Haiti. His mother does not work outside the home. The patient has four siblings. The patient reported he has a maternal aunt who has auditory hallucinations and receives medication for this condition. Otherwise the patient is unaware of any illness running in the family.
The patient denied past mental health consultation. He denied medical/surgical hospitalizations. He denied injuries other than the current. He denied any allergies. He reported usual childhood illnesses. He stated he does not smoke. He takes no medications. Review of systems is negative.
MENTAL STATUS EXAMINATION: The admitting mental status exam revealed a generally cooperative male who is oriented to time, place and person and demonstrated an intact immediate recall, remote memory and recent memory. Similarities and abstractions were done correctly. Concentration was diminished as he had difficulty spelling earth and world backwards and could not subtraction serial sevens without much difficulty. Thought productions were coherent and goal directed. Paranoid delusional thinking was noted.
Reality testing was not intact. Thinking was also referential. Affect demonstrated a normal range as he would smile and demonstrate anger and anxiety. Regrettably he was verst of insight and his judgment was poor. Intelligence level was probably average. He was not hallucinating during the interview as he denied auditory/visual hallucinations and other hallucinations.

PHYSICAL EXAMINATION: The admitting physical is handwritten and is in the chart. It is entirely within normal limits.

In view of review of the outpatient's record indicated that the patient has been followed by Dr. L_ and Dr. S_ and was seen most recently on 9 May 1996 by Dr. L_ who noted that the patient was sedated on Navine, dosage not documented; 11 May 1996 revealed that the patient had received thiothizene 5 mg capsules and was asked to take one in the morning and two at night.

 Further history obtained from the outpatient file reveals that the patient was reportedly homeless for 2-3 months after losing all of his money in a venture in which he had attempted to start an all female band. He supported himself by stealing.

DIAGNOSTIC IMPRESSION:

AXIS I: DELUSIONAL DISORDER, PARANOID TYPE, EXISTED PRIOR TO ENLISTMENT, ALCOHOL DEPENDENCE, REPORTEDLY IN SUSTAINED REMISSION. CANNABIS ABUSE
AXIS II: PERSONALITY DISORDER, NOT OTHERWISE SPECIFIED KANIFESTED BY ANTISOCIAL PERSONALITY PATTERNS AXIS III: FRACTURE LEFT RADIUS, HEALING
AXIS V: STRESSORS RELATE TO THE ROUTINE DUTIES OF HIS RATE COMBINED WITH A PRE-EXISTING PSYCHOTIC PROCESS AXIS V: GLOBAL ASSESSMENT OF FUNCTION IS 65 AT THE TIME OF ADMISSION

PLAN: The clinical plan is to continue to assess this patient. Clearly he does not require inpatient hospitalization and does not understand the process of the Medical Board as to the length of time it will take to be separated. Nevertheless he request that his command transfer him from his current living situation to TPU so that he will not have to be exposed to people from his current command who apparently "give me a hard time and put bad thoughts into my mind." the patient reported.

It is strongly recommended that M_ S_ (Applicant) be separated from the Navy either by the way of Medical Board or expeditiously by way of entry level separation as this patient does have a psychotic process which existed prior to enlistment. His cannabis abuse and alcohol dependence make him a further risk to the Navy. He has no insight. He continues to be psychotic and impulsive. His judgment is poor. Although he is not suicidal and is not abusing drugs, he remains a suicide threat if frustrated.

It is recommended that the patient be transferred to the Transient Personnel Unit as more likely than not this would decrease his paranoid thinking. Additionally, he should be followed up Dr. S_ and Dr. L_ and outpatient psychological and psychiatric follow-up on a regular basis. Prognosis is guarded. He will be reassessed, medication adjusted, and discharged back to his command to hopefully be transferred to TPU if the command agrees.

It is requested of the patient's command that in view of his paranoid delusional thinking regarding individuals at his current BEQ, it is recommended that he be referred for transfer for the Transient Personnel Unit where it is likely that his mental problems will diminish and there would be less self destructive acting out.

Signed by P. K_, MD
ATTENDING PHYSICIAN

960522:  Applicant notified of intended recommendation for discharge with an Under Other Than Honorable Conditions by reason of convenience of the government on the basis of a personality disorder, defective enlistment and induction due to fraudulent entry, drug abuse.

9605xx:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

960603:  Commanding Officer recommended discharge Under Other Than Honorable Conditions by reason of defective enlistment and induction due to fraudulent entry into the military service, drug abuse. Commanding Officer’s comments (verbatim): “On 19 May 1996, FN S_ (Applicant) was admitted to the Mental Health Unit, Naval Hospital, Great Lakes, for manipulatively jumped from his BEQ window. FN S_ (Applicant) revealed that prior to enlistment he had paranoid thoughts that the Jehovah’s Witnesses were plotting against him. During the course of the psychological evaluation FN S_ (Applicant) also admitted to selling marijuana for an extra income which he failed to disclose upon enlistment. I concur with the psychological evaluation and recommendation that FN S_ (Applicant) be separated from the naval service with a discharge characterized as Under Other Than Honorable Conditions.”

960627:  BUPERS directed the Applicant's discharge Under Other Than Honorable Conditions) by reason of defective enlistment and induction due to fraudulent entry into the military service, drug abuse.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960724 Under Other Than Honorable Conditions by reason of defective enlistment and induction due to fraudulent entry into the military service, drug abuse (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: 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 he may feel that his mental condition was a contributing factor, it does not mitigate the Applicant’s fraudulent enlistment, demonstrating he was unsuitable for further service. His service record is marred by a defective enlistment in that he failed to disclose previous involvement in selling illegal drugs, thus substantiating the misconduct . It must be noted that most Sailors serve honorably and well and therefore earn honorable discharges. In fairness to those Sailors, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. An upgrade to general (under honorable) conditions would be inappropriate. Relief denied. For the Applicant’s edification, Sailors with similar service records normally receive a discharge characterization of under other than honorable conditions.

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. Navy Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 22 Jul 94 until 02 Oct 96, Article 3630100 , SEPARATION OF ENLISTED PERSONNEL BY REASON OF DEFECTIVE ENLISTMENTS AND INDUCTIONS DUE TO FRAUDULENT ENTRY INTO NAVAL SERVICE.
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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