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NAVY | DRB | 2003_Navy | ND03-00033
Original file (ND03-00033.rtf) Auto-classification: Denied


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

ex-RMSN, USN
Docket No. ND03-00033

Applicant’s Request
The application for discharge review, received 20021007, requested that the characterization of service on the discharge be changed to entry level separation/uncharacterized. 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 20030828. 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/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 1910-106 (formerly 3630650).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. The discharge was improper due to the fact's the Applicant was suffering from severe depression that was unnoticed. I the Applicant was diagnosed with Bi-polar disorder in April 2001. During time served in NAS Jacksonville Brig I was suffering from severe depression and up and down mood swings that I could not control. I was new to the ship USS Sullivans and didn't know who to see discussing my prob lem. I don’t think I was able to make right decisions. My judgement was impaired. I have been diagnosed with Bi-polar disorder. I am on medication of Depakote and Paxil. The doctors believe that I didn't even know it. I am respectfully requesting the review board to reconsider my discharge. I have medical documents to back my statements. I've been in and out of MICA programs in New York. I was under stress as a radioman with Top-Secret clearance which affected my decision to leave my command. I had a severe mental breakdown, prior to leaving. I was new to command and didn't know where to turn.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     961031 - 961120  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 961121               Date of Discharge: 980407

 Length of Service (years, months, days):

         Active: 01 04 17         Does not exclude lost time
         Inactive: None

 Age at Entry: 24                          Years Contracted: 4

 Education Level: 13                        AFQT: 69

 Highest Rate: RMSN

 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: 207

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

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 1910-106 (formerly 3630650).

 Chronological Listing of Significant Service Events :

970624:  Applicant to unauthorized absence 0645, 970624.

970626:  Applicant missed ship's movement.

970723:  Applicant declared a deserter.
980121:  Applicant surrendered to military authority at Fort Hamilton, Brooklyn, NY at 1600, 980121.

980122:  Applicant returned to parent command 2200, 980122.

980407:  DD Form 214: Applicant discharged under other than honorable conditions in lieu of a trial by court-martial, authority: NAVMILPERSMAN, Article 1910-106.

Separation package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980407 under other than honorable conditions in lieu of a trial by court-martial (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

In the Applicant’s issue 1, the Board determined this issue has no merit. The Applicant claims his discharge was improper because he suffered from severe depression that was unnoticed and he was diagnosed as bi-polar in April 2001. The Applicant’s discharge package, to include his medical records, is not available. Therefore the Board assumes regularity in the conduct of governmental affairs. The Applicant did not provide any documentation to support his claim that his bi-polar condition diagnosed in 2001 existed during his enlistment from 1996-1998. The facts of this case are, the Applicant was declared a deserter and was on unauthorized absence for 207 consecutive days. The Applicant elected discharge under other than honorable conditions in lieu of trial by court martial. Relief denied.

The Applicant requests that his discharge be changed to entry level separation. By regulation, members discharged within the first 180 days of enlistment are given characterization of service "Uncharacterized" unless there were unusual circumstances regarding performance or conduct that would merit an "honorable" characterization. The Applicant's length of service was 1 year, 4 months, and 1 7 days, exceeding the requirements for an entry level separation characterization.

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), Change 18, effective
12 Dec 1997 until 10 July 2000, Article 1910-106 (formerly 3630650), SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL.

B. A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice, Article (86, unauthorized absence for a period more than 30 days), upon conviction by a Special or General Court-Martial, in accordance with the Manual for Courts-Martial].

C. 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.

D. 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.

E. 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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