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NAVY | DRB | 2003_Navy | ND03-01281
Original file (ND03-01281.rtf) Auto-classification: Denied

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

ex-MSSN, USN
Docket No. ND03-01281

Applicant’s Request
The application for discharge review was received on 20030723. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests a personal appearance hearing discharge review before the Board in the Washington National Capital Region. The Applicant listed the American Legion as the representative on the DD Form 293. In the acknowledgment letter, the Applicant was informed that the Board first conducts a record review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050201. 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 unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

 1. “I started to experience hallucinations in 1995. In response, I started drinking in excess in an effort to cope. As a result, my problems deepened. Events spiraled out of control because of my pride kept me from seeking help to control the voices that tormented me.
I tried to kill myself six times which resulted in multiple hospitalizations. Rather than compassion for my problems, which eventually led to use of illicit drugs, I was punished with a reduction in pay and rank. I was initially offered a general discharge. For reasons unknown to me it morphed into an Other Than Honorable Discharge. I signed it.
On the day I was discharged from the Navy I was admitted against my will to a civilian hospital in Newport News, VA. After discharge, I was admitted to several hospitals in Virginia, Belvue Hospital in New York, and hospitals in South Carolina and North Carolina.
I contend that my behavior was beyond my control; therefore, a more fair, compassionate response should be a General Discharge, Under Honorable Conditions.”


 The American Legion did not provide any issues.


Documentation
 In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Criminal records check, dated February 6, 2003
Letter from County of Cumberland, Mental Health Center, dated May 1, 2003
Letter from County of Cumberland, Mental Health Center, dated April 24, 2003
Letter from Social Security Administration, dated April 29, 2003
Letter from Applicant’s father, dated November 6, 2002
Letter from Applicant’s wife, dated February 26, 2003
E-mail character reference, dated March 18, 2003
Report of medical examination, dated August 20, 2001
Medical records from Mental Health Center, County of Cumberland (37 pages)
One page from Applicant’s medical record
Involuntary commitment order, dated December 15, 1999 (2 pages)
Letter from County of Cumberland, Mental Health Center, dated May 1, 2003
Statement in support of claim, dated August 22, 2003
Statement in support of claim, dated October 22, 2003
Physician’s summary, dated October 21, 1997 (7 pages)
Cover letter from NC Dept of Administration dtd 030714

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     900324 - 900709  COG
         Active: USN                        900710 - 940901  HON

 Period of Service Under Review :
Date of Enlistment: 940902               Date of Discharge: 970822

 Length of Service (years, months, days):

         Active: 02 11 21
         Inactive: None

 Age at Entry: 20                          Years Contracted: 5

 Education Level: 12                        AFQT: 32

 Highest Rate: MS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (2)             Behavior: 4.00 (2)                OTA: 4.00

 Military Decorations: None

 Unit/Campaign/Service Awards: JMUA, HSM, N&MCOSR, GCM, LoC

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :

940902:  Applicant reenlisted for five years.

960927:  NJP for violation of UCMJ, Article 92: On 960815.
         Award: Restriction and extra duty for 15 days. No indication of appeal in the record.
961105:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 961028, tested positive for cocaine.

961106:  Report and Disposition of Offense(s): Violation of Article 80: Attempt to distribute on 961019. Violation of Article 112A: Wrongfully use cocaine between 961006 and 961020.

961120:  Applicant’s voluntary statement.

970213:  Report of Medical Board: Diagnoses:
         AXIS I: 1. Major depressive disorder, single episode, severe and mood-congruent psychotic features, manifested by depressed mood most of the day, auditory hallucinations, markedly diminished interest or pleasure in all or most activities, loss of energy, feelings of worthlessness, and recurrent thoughts of death, stress, severe, loss of children and wife; predisposition, severe, mother with psychotic illness; military impairment, severe, impairment for social and industrial adaptability, severe, LOD: Yes.
         2. Alcohol dependence, in early full remission, with physiological dependence, manifested by need for markedly increased amounts of alcohol in order to achieve intoxication, alcohol consumed in larger amounts over a longer period than intended, unsuccessful efforts to cut down on alcohol consumption, and important occupational activities given up because of substance use; stress, moderate, alcohol used to depress auditory hallucinations, as well as difficulties with marriage and routine military service; predisposition, severe, father was reportedly alcoholic; military impairment, severe; impairment for social and industrial adaptability, moderate (if untreated). LOD: N/A.
         Medical Board concurs with the findings and found the Applicant unfit for further military service as a result of a disability that has manifested itself while on active duty and recommends case be referred to Central Physical Evaluation Board. Applicant is currently pending charges for coming up positive on a urine drug screen for cocaine while stationed in Panama.

970604:  NJP imposed for violation of UCMJ, Article 112A. No further information found in service record.

970605:  Applicant notified of intended recommendation for discharge by reason of misconduct due to drug abuse as evidenced by a nonjudicial punishment on 970604 with the possibility of characterization as general (under honorable conditions).

970605:  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.

970717:  Applicant notified of intended recommendation for discharge by reason of misconduct due to drug abuse as evidenced by a nonjudicial punishment on 970604 with the possibility of characterization under other than honorable conditions characterizations.
970717:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
970718:  Commanding Officer recommended a general (under honorable conditions) by reason of misconduct due to drug abuse (use). Commanding Officer’s comments (verbatim): On 19 October 1996, Mess Management Specialist Seaman W_ V_ (Applicant) provided a consent urinalysis in Panama City, Panama that subsequently tested positive for cocaine. Seaman V_ (Applicant) denies knowingly using cocaine. He is suffering from alcohol dependence and a major depressive disorder. A medical board found him unfit for further military service as a result of disabilities manifested while on active duty [enclosure (5)], and recommended his case be referred to the Central Physical Evaluation Board for processing. Subsequently, Seaman V_ (Applicant) has been an inpatient at Walter Reed Army Medical Center on three separate occasions because of suicidal ideations. His service record reveals he was an outstanding performer prior to November 1995, but his performance significantly declined following his transfer to Naval Station Panama Canal. I believe it is in the Navy’s best interests that Seaman V_ (Applicant) be expediently discharged. Based upon his medical condition and prior commendable service, I believe his administrative separation from the Naval Service with a general discharge under honorable conditions is appropriate.

970806:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970822 under other than honorable conditions for misconduct due to 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. There is credible evidence in the record that the Applicant used illegal drugs. Mandatory processing for separation is required for sailors who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. In addition to the Applicant’s illegal drug use he was subject to nonjudicial punishment proceedings for violating Article 92 of the UCMJ. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The evidence in the record does not demonstrate that Applicant was not responsible for his misconduct or that he should not be held accountable for his actions. In the Applicant’s case, the Board could discern no impropriety or inequity in the Applicant’s discharge based merely on the fact that Applicant was diagnosed with a major depressive disorder and subsequently diagnosed with schizophrenia. Under departmental regulations, disciplinary separations supersede disability separations. Therefore, the NDRB considered the Applicant’s discharge proper and equitable. Relief denied.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient documentation for the Board to consider. 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 . Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, Article 3630620 SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - DRUG ABUSE
B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023


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