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NAVY | DRB | 2006_Navy | ND0600189
Original file (ND0600189.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-EN3, USN
Docket No. ND06-00189

Applicant’s Request
The application for discharge review was received on 20051107 . 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 20060927 . 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 General (Under Honorable Conditions) by reason of defective enlistment and induction due to fraudulent entry .

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:
“ While in Navy I served Honorably. I would just like my e ducational b enefits. I served 3 yrs 7 mo. (nearly 4 years) I paid into the MGI Bill and Request I get that . I served During Enduring Freedom, Iraqi Freedom ETC. Please a llow me to b etter myself still. My evals were all good & was a credit to my ship. ”
Documentation
In addition to the service and medical record s , the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20010620 - 20010711       COG
         Active: None

Period of Service Under Review :
Date of Enlistment: 20010712              Date of Discharge: 20050208

Length of Service (years, months, days):

         Active: 0 3 0 6 27 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 10 day s
         Confinement:              None

Age at Entry: 26

Years Contracted: 4 ( 24- month extension)

 Education Level: 12                                 AFQT: 70

Highest Rate: EN 3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                                     Behavior: NA*             OTA: NA*
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Sea Service Deployment Ribbon

* Not Available


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

GENERAL (UNDER HONORABLE CONDITIONS)/ FRAUDULENT ENTRY INTO MILITARY SERVICE, authority: MILPERSMAN, Article 1910-134 (formerly 3630100).
Chronological Listing of Significant Service Events :

010825:  Consultation Request. Mental Health Staff, J. M. O_, LT, MSC, USNR: Reason for request: 26 year old male with adjustment disorder – upset with everyone referring to him as a malinger – history of depression.
011205:  NJP for violation of UCMJ, Article 92 (2 specs): Contributing alcoholic beverage to a minor and having alcohol in BEQ.
         Award: Forfeiture of $272.79 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
020708:  Applicant screened by a Navy Drug and Alcohol Counselor.
         Assessment/Impressions:
         Alcohol dependence.
         Occupational problem
         Recommended treatment:
         (1) Level III treatment.
         (2) Enrollment in preadmission treatment Group, Wednesdays at 1300.
         Full report on file in Addictions Rehabilitation.

020710:  Applicant screened by Licensed Independent Practitioner.
 Assessment/Impressions:
          Alcohol dependence.
         Occupational problem
         Recommended treatment:
         (1) Level III treatment.
         (2) Enrollment in preadmission treatment Group, Wednesdays at 1300.
         Full report on file in Addictions Rehabilitation.

020812:  Naval Medical Center Addictions Rehabilitation Department, Norfolk, VA: Applicant admitted to Level III Residential Program with the diagnosis of alcohol dependence.

 020906 :  Applicant completed Level III Residential Program.

 020909:  Applicant to unauthorized absence at 0700 on 020909.

 020919:  Applicant from unauthorized absence at 0700 on 020919 (10 days/surrendered).
020920 :  NJP for violation of UCMJ, Article 86: (Absent from unit).
         Award: Forfeiture of $ 682.00 p er month for 2 month s , restriction and extra duty for 45 days. No indication of appeal in the record.
030509:  Applicant requesting prescription of anabuse. Pt has been to level three treatment and has since continued to drink ETOH. Please evaluate. Provisional Diagnosis: ETOH addiction.

030924:  BMC, NSA Souda Bay Crete Greece D_ W. H_, LCDR, MC, FS, USNR:
         Complaint: “I can’t let go of the anger.”
         Present for evaluation of SI/HI, self-mutilation and anger.
         A/P: 28 year old male with ETOH dependence with recent history of self-mutilation and psychomotor agitation.
          -ETOH dependence – last drank 3 weeks ag o – minimal possibility.
          -MDD
         -Borderline personality disorder.
         -medevac to Sigonella for psychiatric evaluation and treatment.

031002:  NH Sigonella Mental Health Clinic , B_ J. H. R_, LCDR, MC, USN, Staff Psychiatrist:
         S: Referred for evaluation for medication management by Ms. W_. The patient is stationed on the USS NICHOLAS and presented for care last week by referral from the IDC on the ship as well as a FS at the BMC Souda Bay. He has a history of alcohol dependence in early remission as well as depressive and anxiety symptoms.
          Diagnosis: AXIS I: Major depressive disorder, moderate.
 Anxiety disorder NOS.
Alcohol dependence, in early remission (3 weeks)
AXIS II: No diagnosis, R/O.
AXIS III: None.
AXIS IV: Occupational problems.
AXIS V: 51.
Plan:
1. Start Celexa 20mg take ½ tab po Qpm for 1 week then increase to 1 tab Qpm. Discussed side effects, risks, and benefits of Celexa with the patient and he voices an understanding of the above and agrees to a trial to help both anxiety and depressive symptoms.
 2. Start Trazodone 50 mg take ½ to 1 tab po Qhs. Discussed side effects, risks, and benefits of Trazodone with the patient and he voices an understanding of the above and agrees to a trial to help with sleep. Discussed with the patient that regular sleep cycle may take months to a year or so to resume to normal after stopping alcohol with the patient that regular sleep cycle may take months to a year or so to resume to normal after stopping alcohol use.
3. Follow up in 1-2 weeks or sooner as needed.
4. Continue with AA and aftercare group and anger management group.
 5. Discussed diagnosis and treatment plan with the patient and he voices an understanding of them

031016:  NH Sigonella Mental Health Clinic, B_ J. H. R_, LCDR, MC, USN, Staff Psychiatrist:
         S: Diagnosed with MDD and anxiety disorder NOS. The patient is stationed on the USS NICHOLAS and presented for care late Sept 03 by referral from the IDC on the ship as well as a FS at the BMC Souda Bay. He has a history of alcohol dependence in early remission as well as depressive and anxiety symptoms.
 Diagnosis: AXIS I: Major depressive disorder, moderate.
          Anxiety disorder NOS
         Alcohol dependence, in very early partial remission (4 weeks)
         AXIS II: No diagnosis.
         AXIS III: None.
         AXIS IV: Occupational problems.
         AXIS V: 58.
         Plan: 1. Continue Celexa 20mg Qp, but try taking it later in the evening before bedtime to see if this will help eliminate his early morning awakening.
         2. Continue Trazodone to 25mg ½ -1 tab qhs.
         3. Continue AA and SARP aftercare.
         4. Follow up next week or sooner as needed to reassess sleep.

 031023:  NH Sigonella Mental Health Clinic, B_ J. H. R_, LCDR, MC, USN, Staff Psychiatrist:
         Diagnosed with MDD and anxiety disorder NOS. The patient is stationed on the USS NICHOLAS and presented for care late Sept 03 by referral from the IDC on the ship as well as a FS at the BMC Souda Bay. He has a history of alcohol dependence in early remission as well as depressive and anxiety symptoms.
         Diagnosis: AXIS I: Major depressive disorder, moderate.
         Anxiety disorder NOS
         Alcohol dependence, in very early partial remission (less than 1 week)
         AXIS II: No diagnosis, cluster C traits.
          AXIS III: None.
         AXIS IV: Occupational problems.
         AXIS V: 58.
         Plan: 1. Continue Celexa 20mg Qpm – has Rx still (has been on this dose for two week now) – consider increase in another 2 weeks if needed.
         2. Increase Trazodone to 50mg take two tabl po Qhs #60 RF1.
         3. The patient is not fit for sea or isolated duty at this time. Will arrange for outpatient medevac back to Norfolk, VA to Portsmouth Naval Hospital for further care/treatment. (His ship is home ported out of Norfolk).
         4. Follow up in 1 week with Dr. C_, reserve psychiatrist in Dr. R_’s absence.
         5. Continue AA and follow up with SARP.

 031118:  Medical evaluation at Naval Medical Center Portsmouth, Department of Psychiatry by R_ G. M_, LT, MC, USNR
          Chief complaint: Depression.
         A/P: 28 year old male with what appeared to be primarily anger dyscontrol and mood liability in response to several key stressors. He had symptoms consistent with generalized anxiety disorder that existed prior to military service. The PT’s symptoms are severe and resulted in his medical evacuation from the ship. Anti-depressants appear not to have been effective for the patient. The PT appeared to suffer from significant character pathology as evidenced by his poor impulse control, mood lability, anger dyscontrol and object relations problems. The PT’s ETOH use history was consistent with dependence and appeared in early partial remission.
         AXIS I: Generalized anxiety disorder, ETOH dependence in early partial remission.
         AXIS II: Borderline traits.
         AXIS III: None.
         AXIS IV: Occupational and social stressors.
         AXIS V: 50.
          1. Provide PT contact information for SARP and encouraged him to self-refer for the after care group.
         2. Referred PT to the NMCP Outpatient Crisis Intervention Program. Feel PT would learn skills to help him cope with his stressors.
 3. Referred PT to FFSC for individual psychotherapy.
4. Advised PT to discontinue Effexor XR and start Depakote XR 500 mg PO qHS for treatment of anxiety/impulse control/lability discussion of risks and benefits including liver failure.
5. Follow up first week of December for disposition determination. PT presently at RSG awaiting ship’s return.
6. Case staffed with Dr. C_.
031201:  Abbreviated Limited Duty Medical Report, NAVMEDCEN Portsmouth, VA.
         Diagnosis:       (1) Generalized anxiety disorder
                  (2) Personality Disorder
         Circumstances of injury/illness: 28 year old medevaced from ship and Naval Hospital Sigonella for psychiatric treatment following suicide attempt.
         Treatment Plan: 8 months LIMDU away for stressor, Depakote for treatment of impulse control/lability , Individual psychotheraphy @ Fleet and Family services, NMCP outpatient crisis intervention program
         Limitations: Shore duty only – no weekends, nights, or rotating shifts. Work no more than 40 hrs/week. R. G. M_, LT, MC, USNR.
031201:  Medical evaluation at Naval Medical Center Portsmouth, Department of Psychiatry by R_ G. M_, LT, MC, USNR
          S: PT her for 2 week follow up appointment. He complained that over the weekend he had a familiar incident of “uncontrolled rage”. He described feeling fine one minute then almost getting into a fight the next. The PT said he felt so angry he had difficulty remembering what happened. He had discontinued the SSRI and had been compliant with the Depakote. He felt the Depokate had helped quell his anxiety somewhat. The PT had not followed through with any of my previous recommendations including OCIP, FFSC or ARD for Aftercare. He explained that he had lost the phone number. I had received an e-mail communication from the ship stating they did not feel comfortable having him back.
          The PT denied having any ETOH for over 2 months and stated he was attending AA meetings.
          I discussed disposition issues with the PT including administrative separation for personality disorder vs. continued military service. The PT stated he was motivated for continued military service. The PT disclosed a history of some anti-social behavior (theft) at his last civilian job and stated he was trying to turn things around.
 Assessment: 28 year old male with a history of poor impulse control, anger control consistent and other character pathology traits consistent with personality disorder NOS. The PT has a history of generalized anxiety disorder that EPTE. Despite all this, the PT appeared motivated for treatment and continued service. The PT had some improvement in his symptoms possible secondary to medication but also from removal of his primary stressors.
          Plan: 1. 8 months of limited duty.
         2. Recommend to PT he attend weekly psychotherapy sessions at Fleet and Family Services.
         3. Referred PT to NMCP Outpatient Crisis Intervention Program for a same day screening evaluation.
         4. Continue Depakote 500 mg PO qHS.
         5. Follow up 1 month re-evaluation.

 040528:  Medical evaluation at Naval Medical Center Portsmouth, Department of Psychiatry by R_ G. M_, LT, MC, USNR
 S: The PT was here for a LIMDU re-evaluation. The PT stated his symptoms of anxiety had completely resolved. He was now sleeping fine. He had not had any Etoh in 6 months and had lost 20 lbs. The PT attributed his improvement to his LIMDU assignment at SIMA Norfolk. The PT explained instead of being a “deckhand” he was given some responsibility. He also reported receiving some mentoring from other sailors while there. The PT reported he had started going to church. The PT noted both spiritual and personal growth as a result. He looked forward to going back to full duty including sea duty. The PT reported receiving an early promote on his fitrep. The PT had self-discontinued his Depakote months ago and had no recurrence of his symptoms.
A/P: 28 y/o male with history of generalized anxiety disorder (resolved) and narcissistic personality traits. The PT’s symptoms had completely resolved with minimal treatment. He showed some gains in insight and was motivated for continued military service.
 1. Fit for fully duty effective on expiration of current LIMDU term.
 2. Encouraged PT to seek help from his support system (LPO, Chief, chaplain, FFSC) should his symptoms recur.
3. Encouraged PT to follow up PRN.
041006:  Sea/Sub/Overseas screening: Assignment limited.

 04120 2 :  Counseling: Applicant advised that he failed the 10/04 physical readiness test by failing the run/walk and placed on the command’s sponsored physical conditioning program. Sources of assistance included. Advised if this is the third failure in a four year period, you will be process for administrative separation (unless approved for a waiver by the Bureau of Naval Personnel).

050203:  Applicant was found not physically qualified for separation.

Undated :         Commander, Mid-Atlantic Regional Maintenance Center , directed the Applicant's discharge with a general (under honorable conditions) by reason of fraudulent enlistment into military service.

Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20050208 by reason of defective enlistment and induction due to fraudulent entry (A) with a service characterization of general (under honorable conditions) . 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 (B and C).

The Applicant requested an upgrade of his discharge to honorable. When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A general discharge 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. The Applicant’s service was marred by two nonjudicial punishment proceedings for violations of Articles 86 (unauthorized absence) and 92 (providing alcoholic beverages to a minor and having alcohol in the BEQ) of the UCMJ. Violation of Article 92 is considered a serious offense for which a punitive discharge is authorized. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The Applicant requested use of his Montgomery G.I. Bill. The following is provided for the edification of the Applicant. The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

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 any claims of post-service accomplishments or any additional evidence related to this discharge. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 Aug 02 until 2 May 2005, Article 1910-134 (previously 3630100), Separation by Reason of Defective Enlistments and Inductions - Fraudulent Entry Into the Naval Service.

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 .

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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