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


FOR OFFICIAL USE ONLY


ex-OSSN, USN
Docket No. ND06-00259

Applicant’s Request

The application for discharge review was received on 20051122 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions) . 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 20061005 . 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 discharg e 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 and attached letter:

“ Would like to earn my Honor Back by Reenlisting in the USN, but to do so would need my discharge upgraded. ”

“To Whom It May C oncern,

Both of my grandfathers served in the military and it has always been my wish to follow in their footsteps. I once enjoyed an exemplary record with the United Stated Navy. I want to explain the circumstance s leading to my dismissal. It is an unfortunate, but common occurrence in the military, to experience marital problems and depression. A situation often aggravated by deployment for extended periods of time. In the spring of 2002, after ten years of marriage, went through a very difficult divorce. I have two kids an desperately tried to keep my family together, but ultimately failed. This lead to severe depression that the Navy treated with anti-depressants. These drugs only worsened my condition. In Lima Peru, while on liberty, a started drinking heavily and missed the ship’s movement. I was returned to Florida and temporarily attached to Destron 12 squadron until my ship, the USS Klakring [sic] made port.
I went UA again, only this time I gambled my life saving s away. Obviously, I was in a free fall and it was only going to get worse. I spent two months in the brig. My JAG officer assured me I would be reassigned when the judge ruled that the Navy would retain me. I was sent back to the USS Klakring [sic] . Understandably, my captain was not happy to see me and shortly thereafter I was discharged. I am will to take responsibility for my actions, but the divorce and the anti-depressants definitely were factors that caused me to act completely out of character. I have not been on any medications since and have accepted the divorce. What I did is not excusable and I have been punished. I beg this board of appeals to please change my discharge to a status that will allow me to rejoin the Navy. Allow me to earn my honor back. I have disgraced myself and want to make my children proud of their father.

Sincerely,

M_ A_ (Applicant) ”

Applicant’s Remarks: (Taken from the DD Form 293 to the Board.):

“ GIVE ME ONE MORE CHANCE, I WON’T LET THE USN DOWN. ”

Documentation

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

Applicant’s DD Form 214 (member 4)
Certificate of Completion for Enlisted Surface Warfare Specialist, dtd April 17, 2002
Character Reference ltr from C_ A. R_, mother, dtd September 8, 2005
Applicant’s DD Form 214 (member 4)

---

PART II - SUMMARY OF SERVICE

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

         Active: USN      19890921 – 1993092 0       HON
         Inactive: USNR (DEP)     20000425       COG
        

Period of Service Under Review :

Date of Enlistment: 20000426              Date of Discharge: 20030425

Length of Service (years, months, days):

         Active: 0 2 11 29
         Inactive: None

Time Lost During This Period (days):

         Unauthorized absence: None
         Confinement:              None

Age at Entry: 30

Years Contracted: 4

Education Level: 12                                 AFQT: 55

Highest Rate: OS 2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance: 3 . 5 ( 2 )     Behavior: 2 . 5 ( 2 )                 OTA: 3 . 1 4

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal (2), Sea Service Deployment Ribbon (2), Southwest Asia Service Medal (With Bronze Star), Kuwait Liberation Medal, Combat Action Ribbon, Navy Unit Commendation, Coast Guard Meritorious Unit Commendation With “O”, Marksman Pistol Ribbon .

---

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

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

Chronological Listing of Significant Service Events :

000426 :  Reenlisted this date for a term of 4 years.

000924 :  Medical evaluation by USS KLAKRING (FFG 42), by R_ E. S_ II, HMC (SW), USN, SMDR:
S: Patient (Applicant) brought to sickbay after he threatened to kill himself. The patient received a letter from his wife stating she was going to talk to a Navy Lawyer and arrange for a divorce. Patient arrived on ship June 00 and informed me he had a STD work up and was having marital difficulty secondary to his infidelity. The patient subsequently informed me that they were working on the situation prior to the ships deployment. One week ago the patient informed me he was going to send a chit through the chain of command requesting a hardship discharge because he and his wife were not adjusting to the Navy. The Command informed him he did not have a hardship discharge situation and he would have to fulfill his contract. The patient apparently spoke with his wife this am and at that time she informed him of her intentions to divorce him. She f/u with a email further stating her intentions.
O: as above W/N W/D W/M presents to sickbay in positive distress, crying. Patient is A&O x 3... When asked Patient states he sits up at night thinking of his daughter and wife Patient further relates he has thought of killing himself with a razor. Patient has made no attempt to obtain the razor, and goes on to say he has tried to adjust to Navy life but cannot. He feels he suffers from insomnia, depression, and wants to be sent home.
A: (3004) Reactive depression, neurotic depression, anxiety depression.
P: Outpatient procedures. 1. Patient was reassured x 7 hours at which time patient was taken to see the Commanding Officer. Despite reassurances from the CO that the Command would assist him with resolving his problems upon arrival at homeport in 7 weeks pt stood fast in his believe that the Navy would send him home and cancel his contract. 2. Patient was given 100mg of Attarax 2130 and put in the rack in sickbay. Pt stayed awake until after 2 am. Patient asked HM3 how much sudafed it would take to kill him. 3. 24 hour watch until pt contracts for life.
Disposition: No duty.

000927:  Medical Evaluation, USS KLAKRING (FFG 42), by R_ E. S_ II, HMC (SW), USN, SMDR: Applicant returned to clinic stating his wife emailed him and informed him she did not want him to return home when the cruise is over. Applicant is upset but not in increased distress. Applicant stated he is feeling very depressed and request attarax. Applicant given 50mg Attarax at this time.

010202:  Waterfront Support Unit, Mayport, FL, by M_ A. I. M_, LT, MC, USNR: Applicant seen for anxiety and sadness impending divorce; selling house; thinks he’s going to miss kids. Applicant states he is unhappy not depressed.
Plan: 20mg Paxil with 1 refill.

010618:  Waterfront Support Unit, Mayport, FL: Applicant place on Zoloft 7 Jun. Applicant reports sleeping more soundly, getting work done better, slightly more energy. Denies SI.
         Plan: Refill 100mg Zoloft.

020828:  NJP for violation of UCMJ, Article 86 (3 specs): Absence without leave.
         Violation of UCMJ, Article 87: Missing Movement
Violation of UCMJ, Article 92 (2 specs): Failure to obey order or regulation.
         Award: Forfeiture of $956.00 pay per month for 2 months, reduction to E-4. No indication of appeal in the record.

021106:  Mental Health Clinic, Jacksonville, FL by E_ B. R_, D.O., LCDR, MC, USNR, Staff Psychiatrist: Applicant referred for evaluation.
         Assessment:      AXIS I: ADHD
                  AXIS II: Personality Disorder NOS with Antisocial and Borderline traits
         Plan: Applicant fit for duty. Applicant accountable for actions. 70mg Wellbutrin with 1 refill.

021212:  Mental Health Clinic, Jacksonville, FL by E_ B. R_, D.O., LCDR, MC, USNR, Staff Psychiatrist: Applicant seen for follow up.
         Assessment:      AXIS I: ADHD
                  AXIS II: Personality Disorder NOS with Antisocial and Borderline traits
         Plan: Applicant fit for duty. Applicant accountable for actions. 1 50mg Wellbutrin with 3 refill.

030425 :  Command er, Naval Surface Group TWO, granted authority to Commanding Officer, USS KLAKRING (FFG 42) that the Applicant will be d ischarge d under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

030425:  DD Form 214: Applicant discharged in absentia Under Other Than Honorable Conditions by reason of misconduct due to pattern of misconduct.

Service Record contains a partial Administrative Discharge package.
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 20030425 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 ).

The Applicant implies that his discharge was inequitable because he “once enjoyed an exemplary record in the United States Navy.” Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline. The Applicant’s service record contains a non-judicial punishment proceeding on 20020828 for violations UCMJ Article 86 (Unauthorized absence – three specifications); Article 87 (Missing movement); and Article 92 (Failure to obey order or regulation – two specifications). In the absence of a complete discharge package and summary of service, the Board presumed that the Applicant’s record of misconduct during this enlistment met the criteria for pattern of misconduct and that he was properly notified, processed, and discharged in accordance with MILPERSMAN 1910-140. 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 on this basis is denied.

The Applicant contends that his discharge was inequitable because his “divorce and anti-depressants definitely were factors that caused [him] to act completely out of character.” While the Applicant may feel that his divorce was the underlying cause of his misconduct, the evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Regarding the anti-depressants, the NDRB does consider the extent to which a medical problem might affect an Applicant’s performance and ability to conform to the military’s standards of conduct and discipline. However, 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 medical treatment. The Applicant’s misconduct began before his medical condition and continued after his condition was resolved. Relief is not warranted.

The Applicant is advised that the Board has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Since these issues do not serve to provide a foundation upon which the Board can grant relief, relief on this basis is not warranted.

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 one character references 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), re-issued October 2002, effective 22 Aug 2002 until Present, 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