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


FOR OFFICIAL USE ONLY


ex-SA, USN
Docket No. ND06-00105

Applicant’s Request

The application for discharge review was received on 20051020. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060926 . After a thorough review of the available 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 by reason of misconduct due to a pattern of misconduct .

---

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“Because of my medical conditions/situation I acted irrational the Military looked at me as a bad Person. When all I wanted was proper medical treatment. I should of received a medical discharge.”

“My Story

Back in the year 2000 I had high hopes for myself in the U.S. Navy. The main reason for joining was to serve my country, gain experience and to obtain money for college. I honestly didn’t know what to expect, but I did not ever imagine things would end up the way everything happened.

I remember boot camp as if It was yesterday. I have never regretted joining the Navy, even when my recruiter said I might when I’m there. I really enjoyed boot camp, my division was 933. We were a Triple Threat Staff Unit, CNO Honor Division, and had every flag that could be awarded to our division. I never had any problems in boot camp. I did miss my family like any other typical recruit. I bonded with many of my shipmates, and even convinced two of them to join the submarine force and go to Submarine School with me. We ended up being roommates.

After boot camp I went to Basic Enlisted Submarine School located in Groton Conn. I really enjoyed the challenge of submarine school looked forward to my future. When presenting myself to someone I met, I would pride myself in telling them I was in the U.S. Navy as a submariner and was proudly doing my part serving my country.

After Basic Enlisted Submarine School I was assigned to U.S.S. SanJuan SSN 751 [sic] LosAngelos class fast attack Submarine. Which was located on the naval base shipyards in Maine. I believe my orders were to report to the boat sometime in October. I did have leave, but since I was so excited to be apart of something very big, I decided to report early to my duty station with great anticipation.

From the first moment I stepped onto the boat I saw all moral from the crew was negative. I had never seen this kind of behavior in any institution I had encountered, I was completely shocked!. I remember walking across the bridge to the boat and one of the petty officers said get out of my way NUB! I soon learned that this was one of many derogatory terms that is used for newly unqualified seaman on submarines.

In my mind, I was coming into the military looking forward to adventures and proudly serving my country’s Navy combat team Talk like this was completely unexpected and demoralizing to me. I had been on the boat for a couple of weeks now, and many times I would stay late to study and get ahead of the game.

I remember the incident in October very clearly. I was sitting in berthing on the floor next to where the machinest mates dept was, studying a SSM (Ships Service Manual), studying and trying to understand how this magnificent machine was put together. As I was sitting there my skin started to get really irritated. I began to itch all over my body, I had never in my life experienced anything like this. It got to a point where I would start hyperventilating because I was so nervous. I was taken to the hospotal on base by one of the enlisted guys that was there for watch duty.

After seeing the doctor, he couldn’t figure out what was wrong with me, and pretty much blew me off. I was under a lot of pressure to get my qualifications done. I figured it was just stress related. Well I was wrong, because after that first incident, I started breaking out in rashes, and pimple like bumps all over my body.

I had talked to the doctor on my boat, and he did not know what was wrong with me either. He basically said to me “be a man, and deal with it”. I was starting to get concerned because I would break out 3 to 4 times a week I would get so itchy that I felt like ripping the skin off my bones! I would take scolding hot showers to ease the itching, and started smoking cigarettes, it was the one thing that would calm me down. Things were only going to get worse from here.

Through the course & of my stay on the boat it seemed like no one believed me. I went to the doctors on the base in Groton Conn, they also did not know what was wrong with me. These doctors should have examined me close, but they just looked quickly at my skin and implied that “I had to deal with it”!

I felt like I was being treated like a animal, not a human being. Just being passed along from doctor to doctor. With no one interested enough to get tot he bottom of my medial problem. I had started to get bad headache’s after a while. I had found out that I had bone spur’s on my vertebra I could no longer get a full nights sleep anymore. My left arm would go number when I was sitting and on watch as a Helmsman and Plansman. I mentioned all of this to another doctor at the hospital on base, and again mentioned this to the doctor on the boat

When I spoke with the hospital base doctors and the boat doctor, and showed them on my arm where I had become numb, they all said that I had traced the exact nerve path from my neck to my hand. I told them my left arm and hand would get a tingling feeling than go numb for a while. I had trouble holding onto objects. The “doc” on the boat believed that my headach’s were a combinations of me not getting enough sleep, these bone spurs in my neck, and the stress of getting qualifications done.

Well than it happened, I began to crack. I started getting really itchy while I was sleeping the one time while I was out to sea. I woke up with no feeling in my hand, and had been scratching so hard I started bleeding really bad. My hands, back, groin area, arms, legs, and buttox had cuts all over from scratching so hard. I had woken the “doc” up on the boat many times now.

Looking back at the whole situation, I wonder how I delt with all of this happening at the time. On top of it all I had two painful ingrown toe nails that had to be operated on while I was out to sea. To this day they have never grown back normal.

I started to think of alternative ways to relieve all this pain. Although I was not proud of anything I did, I guess you could say I was looking for anyone to hear me out, listen to what I had to say, and help me with these problems I had acquired.

Numerous times I thought of taking my life, and had tried twice while I was in the Navy. I couldn’t bare the fact that I would never see my family ever again. So, I had come forward to my doc, and let him know about my thoughts.

I was taken to the mental hospital on base, and spoke with the mental health doctor for the condition I was in. He really didn’t help the situation. Leaving the mental hospital I felt worse than when I came in. I felt like I had no one to turn to, and the only people that understood me were the one’s that I loved in Pennsylvania. So I did what I thought was the only option left. I went back home, without telling anyone on my boat. I went UA (Unauthorized Absence). I couldn’t stand being on that ship anymore. When I was away from the ship my condition got a little better. But these medical problems still continued.

I had then been to captains mast and been sentenced to restriction on the boat for a month and a half. Which in my mind was the last thing I ever wanted. I would rather been thrown in the brig, striped down naked, and starved. Anything was better than being on that boat is what I believed.

I had two cars at that time, and they were parked in the lot where my barracks were. I had found out that my cars had been towed at my expense by the Navy. I was out to sea and they wanted to put some kind of trailer where my cars were parked legally! I had to pay out about $600.00 to get them both back. I needed a place to keep my cars where they were safe. A fellow shipmate said I could keep them at his house.

Well at this point I figured this was my chance to get away from the boat. I was taken to get my cars, when my Camaro was dropped off, I ran, jumped in, and took off. I headed down to Pennsylvania. It was Christmas time, and all I wanted was to see my family and get away from the boat because of my skin and the other medical problems. I had stayed down there for a few days, if I can recall correctly.

I had tried to get in contact with a few friends, but attempts were unsuccessful. I had drained a bank account so I could survive on my own. I never wanted things to end up like this, but I felt I had no other choice. No one believed me in Groton, and my family was disappointed in me, I had no where and no one to turn.

I decided to return to the boat to face my own actions. It was necessary for me to come forward and be a man. I had another Captains Mast, and was again sentenced to another 45 days of restriction, this time it was on base.

So for about 3 months I was in restriction, and was extremely happy because my skin was not as bad as it was when I was on the boat. I remember explaining my situation to the first Lieutenant, who was the petty officer that was directly in charge of me. Although he understood why I did all of this, I could see the disappointed in his face, he said “I had to play the game”.

When I was finally done with my time in restriction, I realized I had learned a lot from the people that had served with me. When I was escorted back to my barracks when my restriction was done the petty officer in charge of me told me I was going back to the boat. I was in shock! My understanding was that I was going to be on shore duty until they found out what was wrong with me, and than discharge me.

In my mind I knew I could not go back on that boat. That boat was the cause of my medical problems. I would rather die trying to get away then go back to that boat. I missed ships movement, I had to do whatever it took, to keep from going back on that submarine.

I never made it back to the submarine, I was at another Captains Mast and was sentenced to a Other than honorable discharge from the Navy, stripped of my college money, and told from my XO, the military really scraped, the bottom of the barrel when they let me in. I was happy to get out, and at this point I didn’t care what anyone.

I had complained and complained of my condition to all these Navy doctors. The finally sent me to the Hartford medical center for an MRI for my bone spurs! Than they finally sent me to another private doctor outside of the Navy for treatment on my skin. I was given a specific UV treatment. I had to stand in some sort of special booth, that glowed bluish green, it made a loud wind like noise, and made me light headed.

My skin condition is still active, My bone spurs still bother me, and I still cannot stay in one position sitting for a long time. For about a year after the Navy I was on Allegra for my skin being so itchy. If I didn’t take it, I would bleed from scratching so hard because of being so itchy. I didn’t wanna deal with the military anymore. All I wanted was to be free of all the problems I had in the Navy.

This past summer in 2005 it came to my attention that these medical problems might be even bigger than I realized! Sometime I have dreams of being back on the boat. I think I’m out of the Navy why am I back here? There is no way off the boat, and I’m trapped.

Since being released from the Navy, I am starting to wake up in sweats if the dreams are really bad. W hen I wake up, I know it was only a dream, and I’m relieved that I’m no longer on the boat. I am still being affected because of all my medical conditions. One of the only things I do to help me cope with it all is to keep in touch with certain people from my past, and workout a lot! The life has changed because of all these medical conditions and horrendous experience in the military.

I had high hope for the Navy, and I had always wanted to serve my country, ever since I was a little kid. I know that if I did not have these medical conditions, or perhaps someone treating my medical problems, I would have not done these things, and would of stayed in the military and quite possibly made a career of it. I am not the type of person to crack easy under pressure When I’m backed in a corner, I believe I automatically do whatever it takes to survive, and protect myself.

I wish my Military life had turned out different, but it didn’t. No one’s life is perfect, so every day I do my best to better my self in every way I can. I have a year of college under my belt and wish to complete my degree in Business and Computers. Because of my discharge status and lack of income, it is extremely hard to complete my degree.

My discharge was wrongly assessed and needs to be changed to a honorable discharge under medical conditions. All evidence can and will be presented on request. Military medial records, civilian medical records, mental health records, service file, and letters of references from doctors, executives, and friends.

As you can read for yourself, my doctors letters states NONE of these medical problems existed until I was in the Navy. Thank you in advance for your consideration to upgrade my discharge.

D_ J. S_ (Applicant)”

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Ltr from Lehigh Carbon Community College, Office of the President, dtd August 23, 2005
Letter of Reference from L_ W_, National Affinity Manager, GMAC Mortgage dtd August 12, 2005
Character Reference from K_ S_ dtd August 12, 2005

---

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

         Inactive: USNR (DEP)     20000415 - 20000508      COG
         Active: None

Period of Service Under Review :

Date of Enlistment: 20000509             Date of Discharge: 20020717

Length of Service (years, months, days):

         Active: 02 02 08 (Does not include lost time.)
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: 5 days
         Confinement:              None

Age at Entry: 21

Years Contracted: 4

Education Level: 12                                 AFQT: 42

Highest Rate: SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: 2.0 (2)              Behavior: 1.7 (3)                          OTA: 1. 55

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): None

---

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT – P ATTERN OF MISCONDUCT, authority: MILPERSMAN, Article 1910-140 (formerly 3630600).

Chronological Listing of Significant Service Events :

010228:  Dermatology Consultation Request by R_ J. M_, MD: “[Applicant has] history of generalized, pruritic rash present for approx 6 months, its onset coincident with his reporting to his first submarine. Please see and evaluate and consider probable amine-related dermatitis.”

010330:  Dermatology, Naval Ambulatory Care Center, Groton, CT: Applicant seen for rash. Diagnosis: Scabies. Prescribed Permethrin 5%.

01040 2 :  USS SAN JUAN (SSN 751): Applicant reported complaining of itching/burning. Assessment: Adverse reaction to Permethrin 5%. No duty for 1 day.

010404:  USS SAN JUAN (SSN 751): Applicant reported for follow up to adverse reaction to Permethrin 5%. Resolved. Follow up in 1 week for Scabies extermination re-check. Full duty.

010410:  USS SAN JUAN (SSN 751): Applicant reported to medical stating “I got it back (scabies) real bad. I was on watch when my wrists and legs started to itch real bad all of a sudden.” Prescribed Permethrin 1%. R eturned to full duty to follow up in 24 hours or sooner.

010524:  Mental Health Consultation Request by R_ J. M_, MD: “[Applicant] reported to his MDR and myself with thoughts of hurting himself by hanging himself in on of the escape hatches. [Applicant] had been having thoughts of hurting himself for the last few months as stresses on his ship had increased. [ Applicant] contracts for his safety and in not acutely suicidal. Please see and r/o adjustment disorder. ”

010719:  Dermatology, Naval Ambulatory Care Center, Groton, CT: Applicant seen for follow up for scabies. Given prescription.

011113 :  Mental Health Service, Naval Ambulatory Care Center, Groton, CT: Applicant seen for routin e follow up appointment to discuss more fully the findings of his evaluation from 011030.
         Diagnostic Impression:
                  Axis I: 309.0 Adjustment Disorder with Depressed Mood, mild; V62.2 Occupational Problem; 315.9 Learning Disability NOS, by history; 314.01 ADHD, hy history.
                  Axis II: Passive-Aggressive personality traits.
         Plan: Applicant psychiatrically fit for duty.

011114:  Applicant advised about failing his Physical Fitness Assessment.

011119:  USS SAN JUAN (SSN 751): Applicant seen for suicidal attempt, stating, “I took 10 NODOZ and 4 Tylenol at 3 am this morning to kill myself.” Applicant stated he “doesn’t know why I did it. I was depressed because I had just had a big fight with my girlfriend and was tired.” Applicant is far behind in his ship’s qualifications and has been told recently that he will go to MAST if he doesn’t complete them. Applicant has made 2 suicidal gestures in the past several months and has been found fit for duty by Dr. D_-W_ (Mental Health NACC). Applicant denied “wanting to kill himself at this moment.”
         Assessment: Depressive disorder not elsewhere classified all – suicide gesture attempt. Physical and laboratory findings do not match Applicant’s complaints. This was not viewed as a suicide attempt.
         Plan: Fit for duty. Keep appointment with Dr. D_-W_ on 011128.

011204:  NJP for violation of UCMJ, Article 86 and Article 115.
         Award: restriction for 60 days. No indication of appeal in the record.

011222:  Applicant to UA at 1200. [Extracted from NJP on 20020110.]

011 2 27:  Applicant from UA at 1100 (apprehended). [Extracted from NJP on 20020110.]

020110:  NJP for violation of UCMJ, Article 86: Absent without leave.
         Specification: In that, SN S_ (Applicant), did, on or about 1200 22 Dec 2001, without authority absent himself from his ship, to wit: USS SAN JUAN (SSN 751) Restriction, and did remain so absent until he was apprehended on or about 1100 27 DEC 2001.
Violation of UCMJ, Article 134: Breaking restriction.
         Specification: In that, SN S_ (Applicant), having been restricted to the limits of USS SAN JUAN (SSN 751), by a person authorized to do so, did, on or about 1200 22 Dec 2001, break said restriction.
         Award: Oral reprimand, forfeiture of ½ months pay for 2 months, restriction and extra duty for 60 days, reduction to E-2. No indication of appeal in the record.

020225:  Retention Warning: Advised of deficiency (Inattentive watch standing, failure to qualify submarines in the required time, insubordinate attitude, failure to report to assigned place of duty on time, failure to obey written and verbal orders, General conduct and behavior inconsistent with that expected of personnel assigned to submarines.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

020514:  Applicant to UA. [Extracted from NJP on 20020625.]

020516:  Applicant from UA. [Extracted from NJP on 20020625.]

020520:  Mental Health Service, Naval Ambulatory Care Center, Groton, CT: Applicant seen on an emergent basis after he walked into the clinic in distress, claiming to have been close to suicide earlier today. This is the third psychological evaluation of the Applicant in the last year (seen on 24 May 01 and 30 Oct 01). In each prior case, the Applicant reported that he w a s overwhelmed by the stress of serving on a submarine and in May 01, had a specific suicidal plan to hang himself. In Oct 01, his longstanding distress had been exacerbated by the recent breakup with a girlfriend. In each of these prior instances, the Applicant was found to have an Adjustment Disorder complicated by apparent passive-aggressive personality features and a learning disability. In each prior instance , the Applicant was scheduled for follow up care in this clinic, but did not keep his appointments or follow up beyond the initial evaluation process. The Applicant insisted that he “can’t handle this [military] stuff any more…I hate the people on my boat…I get really anger when I even think about being on the boa t .” He noted that he had resorted to huffing inhalants such as lithium grease, glue, and whippets approximately three times per week for the last seven months in order to “ease my mind” and cope with the stress of the boat. The Applicant was apparently UA recently for three days after he failed to return on time from leave. He was supposed to have met a tug at the pier this morning to take him to his submarine, but also failed to report.
         Diagnostic Impression:
                  Axis I: 305.9 Inhalant Abuse; 309.0 Adjustment Disorder with Depressed Mood; V62.2 Occupational Problem; 315.9 Learning Disability NOS (Mathematics and Spelling).
                  Axis II: 301.9 Personality Disorder NOS with Passive-Aggressive and Borderline Features.
         Plan: The evaluating psychologist strongly recommends expeditious administrative separation for unsuitability in accordance with MILPERMAN 1910-122. The service member has a long-standing disorder of character and behavior, which is of such severity as to interfere with serving adequately in the Navy. While not imminently suicidal or homicidal, this service member is at risk to harm self or others and should be separated as soon as possible. Applicant referred to DAPA and to CAAC for evaluation for substance abuse problems. Applicant is fully accountable for his actions and has no psychological condition that would preclude any legal or administrative proceedings. Applicant s cheduled for safety check and follow up on 020528 .

020528:  Mental Health Service, Naval Ambulatory Care Center, Groton, CT: Applicant seen for follow up appointment. He reported mild distress and confusion about the process for separation, indicating that nobody was giving him any straight answers. The separation process was explained. He was reminded of the possibility that his command might take legal action against him for his use of illicit substances, but he indicated that he would just like to go home as soon as possible with a General discharge.
         Diagnostic Impression:
                  Axis I: 305.9 Inhalant Abuse; 309.0 Adjustment Disorder with Depressed Mood; V62.2 Occupational Problem; 315.9 Learning Disability NOS (Mathematics and Spelling).
                  Axis II: 301.9 Personality Disorder NOS with Passive-Aggressive and Borderline Features.
         Plan: Applicant pending command action on a recommendation for administrative action.

020625:  NJP for violation of UCMJ, Article 86:
         Specification: In that Seaman Apprentice D_ S_ (Applicant), U.S. Navy, USS SAN JUAN (SSN 751), New London, on active duty, did, on or about 14 May 2002, without authority, absent himself from his unit, to wit: USS SAN JUAN (SSN 751), Located Naval Submarine Base, New London, Groton, Connecticut, and did remain so absent until on or about 16 May 2002.
Violation of UCMJ, Article 87:
         Specification: In that Seaman Apprentice D_ S_, U.S. Navy, USS SAN JUAN (SSN 751), New London, on active duty, did, on or about 17 May 200[2], through design miss the movement of the USS SAN JUAN (SSN 751) with which he was required in the course of duty to move.
         Award: Extra duties for 45 days, reduction to E-1. No indication of appeal in the record.

020626:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to pattern of misconduct and misconduct due to commission of a serious offense.

020626:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

020702:  Commanding Officer, Submarine Squadron Support Unit, recommended to Commander, Submarine Group Two, that the Applicant be discharged under other than honorable conditions by reason of misconduct due to misconduct due to pattern of misconduct and misconduct due to a commission of a serious offense. Commanding Officer’s comments: “Due to this member’s pattern of unauthorized absences I recommend he be discharged from the naval service with an other than honorable characterization of service.”

000717:  DD Form 214: Applicant discharged with an under other than honorable conditions by reason of misconduct due to pattern of misconduct.

Service Record contains a partial Administrative Discharge package.

---

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020717 by reason of misconduct due to a pattern of misconduct (A ) with a service characterization of under other than honorable conditions. After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable ( B and C ). The Board presumed regularity in the conduct of governmental affairs ( D ).

In the absence of a complete discharge package, the Board presumed that the Applicant was properly notified, processed, and discharged in accordance with MILPERSMAN 1910-140 (formerly 3630600). The Applicant bears the burden of overcoming this presumption of regularity by presenting any substantial and credible evidence. The Applicant did not provide any documentary evidence to challenge the propriety or equity of the discharge. Therefore, the Board considered the Applicant’s discharge proper and equitable. Relief not warranted.

When a Sailor’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service as under other than honorable conditions is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. There is irrefutable evidence that the Applicant’s conduct during his time in the Navy was not honorable. Indeed, the Applicant’s records contain:
•         Non-judicial punishment proceedings on 20011204 for violation of UCMJ Article 86 Unauthorized absence and Article 115 Malingering;
•         Non-judicial punishment proceedings on 20020110 for violation of UCMJ Article 86 Unauthorized absence and Article 1 34 Breaking restriction ;
•         Retention warning entry on 20020225 for deficiencies concerning inattentive watchstanding, failure to qualify submarines in the required time, insubordinate attitude, failure to report to assigned place of duty on time, failure to o bey written and verbal orders, g eneral conduct and behavior inconsistent with that expected of personnel assigned to submarines ; and
•         Non-judicial punishment proceedings on 20020625 for violation of UCMJ Article 86 Unauthorized absence and Article 87 Missing movement.
The Applicant’s conduct, which forms the primary basis for determining the character of his service, falls well below that required for an honorable characterization of service. An upgrade to honorable would be inappropriate; therefore relief is denied.

The Applicant contends that his discharge was improper because his medical condition was not properly diagnosed or treated. He asse r ts, “Because of my medical conditions/situation I acted irrational. The military looked at me as a bad person. When all I wanted was proper medical treatment.” When reviewing a discharge, the NDRB considers the extent to which a medical problem might affect an Applicant’s performance and ability to conform to military standards of conduct and discipline. The NDRB generally does not consider the circumstances surrounding the Applicant’s stated condition, the implied incorrect diagnosis, nor the medical treatment given to the Applicant to be of sufficient nature to exculpate the Applicant’s misconduct. In fact, the NDRB sees no connection between the Applicant’s misconduct and his diagnosed medical conditions. Relief denied.

While 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 service, the Board is authorized 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. 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. The Applicant submitted two character references and a letter from Lehigh Carbon Community College for consideration. The Applicant’s efforts need to be more encompassing to include evidence of continuing educational pursuits, verifiable employment records, documented community service, and certification of non-involvement with civil authorities. At this time, there is not sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in the characterization of discharge. And so, no relief is granted on this basis.

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 documentation to support post-service accomplishments or any other evidence related to the discharge 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 21 Aug 2002, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.

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

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

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

---

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