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NAVY | DRB | 2006_Navy | ND0600586
Original file (ND0600586.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND06-00586

Applicant ’s Request
The application for discharge review was received on 20060215 . 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 20070110 . 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 Uncharacterized for convenience of the government due to a physical or mental condition, not a disability.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant ’s issues, as stated on the application:
“ I feel this discharge was unfair. I know I made absurd statements in the letter I wrote while in training about myself, about, the Chief Petty Officer etc. I was immature, I said these things to get out, to spend time with my girlfriend & kids. I was wrong. Im amb rass ed this all. I did not realize the impact this would have on me later. I made a mistake, I regret this ever happened. I’m sorry (truly) for putting NTC/Training School through this. I’m seeking/request a second chance, that my RE-Code be modified for RE-1 I would like to reenlist if possible. Have great character it should have not gotten the code I recived. I ask for your help.
Respectfully yours
C_ A_ ( Applicant )
[signed] ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant , was considered:
Applicant ’s DD Form 214 (Member 1 and 4) (2)
Copy of Letter from Applicant , dtd January 25, 2006 (2 pages)
Letter from Applicant , dtd February 6, 2006
 Letter from Applicant , dtd March 18, 2006
Evaluation Record and Counseling Report for period September 18, 2001 to October 30, 2001 (page 1 only)
 Six pages from Applicant ’s service record
Certificate of Recognition of Outstanding Performance from District School Board of Monroe County, Florida, dtd November 9, 1998
Certificate from the United States Navy, Recruiting Command, dtd October 11, 2000
Certificate of Completion for Sailors with Families Training, undated
 Applicant ’s leave and earning statement for period covering July 1, 2001 to July 31, 2001
 Applicant ’s letter dated July 25, 2006

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20001011 - 20010618        COG
         Active: None
Period of Service Under Review :
Date of Enlistment: 20010619              Date of Discharge: 20011130

Length of Service (years, months, days):

          Active: 00 0 5 12
         Inactive: None

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

Age at Entry: 2 8
Years Contracted: 4
Education Level: 1 0                                  AFQT: 33

Highest Rate: FR

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): NONE

* Not A pplicable


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

UNCHARACTERIZED/CONDITION, NOT A DISABILITY, authority: MILPERSMAN, Article 1910-120 (formerly 3620200).
Chronological Listing of Significant Service Events :

011002 :  Medical evaluation at Naval Hospital, Great Lakes, IL by M_ S_, M.D., Attending Resident, and C_ L_, M.D., Attending Physician.
         Chief Complaint: “I feel really depressed and I’m afraid that I might hurt myself.”
          History of Present Illness: This was the first Great Lakes Naval Hospital admission for this 29 year old, African-American male, SR/USN, with three months of continuous active duty (currently assigned at Service School Command), who was admitted to 5E for suicidal ideation. The patient reported that he has been depressed more days than not and without two months in a row of not being depressed since age 10 to 11, due to his chaotic home life. Since he joined the Navy , he is feeling increasingly depressed due to the Navy ’s stressful life and he cannot handle it any more. Since being in the Navy, he has had suicidal thoughts intermittently with plan to jump out of a window or cut himself with a knife. What has kept him away from it so far is his children. Patient sees no other reason to live. Patient reported that he has had decreased appetite, energy, concentration, memory, libido, socialization, motivation, pleasure and interest. He also ad increased anger, irritability and crying spel l s. Patient also showed intention to kill certain people including his chief because he thinks that they are treating him badly, like “I am nothing.”
          Past Psychiatric History: As mentioned earlier, patient has history of depression for most of his life. He has had no previous psychiatric hospitalization, but did see a counselor in elementary school and was diagnosed with attention deficit disorder (ADD) and put on Ritalin for one year. Patient was also diagnosed as a “slow learner,” and put in special educ a tion classes for three years. Patient has had suicidal thoughts with plans to shoot himself, off and on since age 12. In fact, patient has never made a suicidal attempt, but did cut his wrist in a suicide gesture at age 12. He said that he did not get any medial care for that.
          Substance Abuse History: The patient started alcohol use at age 10, drinking three beers on two weekend nights and was drunk. This gradually increased, so that at age 15, he was drinking ten beers on two weekend nights and sometimes after work and was drunk. He continued that pattern until just before enlistment. Since being at SSC, patient is drinking two to three beers each time and is not drunk. Patient has had five blackouts, withdrawal symptoms when he did not drink, and he has gone to work twice hung over. He used ETOH to make his mood better. Patient drank more than he intended to and needed more of the substance to get the same effect. Three or four times he tried to cut down and to returned to excessive use within a week. Patient believes his school work was negatively affected by his drinking, as he could not concentrate, and his employment work was affected because he often did not come to work on time. Patient was doing under-age drinking and was using ETOH despite knowledge of consequences. Patient started cannabis use at age 10, smoking three joints a day, about two days a week. By age 15, he was smoking three joints a day and “I had to have it.” He stopped cannabis use two weeks before enlistment. Patient started cocaine use at age 18, using one bag over a week on occasion. He was not wavered for any drug or ETOH problems. Patient does not smoke cigarettes.
          Impression: The patient presented with history of depression for more days than not and without two months in a row of not being depressed since age 10 to 11. His depressive symptoms include sad mood, anergia, anhedonia, poor concentration and memory, decreased libido, poor appetite and sleep, and thoughts of hurting himself and others. This patient’s clinical picture is most consistent with dysthymic disorder. Patient’s alcohol and drug history is also consistent with alcohol and cannabis dependence.
         Diagnoses:
         AXIS I: (1) Dysthymia, moderate, existed prior to entry.
         (2) Alcohol dependence, existed prior to entry.
         (3) Cannabis dependence, existed prior to entry.
         (4) Attention deficit disorder, residual symptoms, moderate, existed prior to entry.
          AXIS II: No diagnosis at this time.
         AXIS III: No diagnosis at this time.
         AXIS IV: Moderate: Stressors being in the Navy.
         AXIS V: Global assessment of functioning 35.
          Plan / Recommendation:
         1. Ongoing hospitalization for prevention of harm to self and others and inability to care for self outside of the hospital setting.
         2. The patient will be afforded individual, group and milieu therapy during his hospitalization.
         3. Will obtain routine labs.
         4. Will maintain observation status for suicidal/homicidal behavior.
         5. The patient is diagnosed with dysthymic disorder which renders him unsuitable for further military service. An administrative separation is recommended as this condition renders the member to be an ongoing harm to self and others if retained in the military.
         6. Discussed in length with the patient about his mental illness and agree with the plan.
          7. The patient was also discussed with attending supervisor, Dr. L_.

011030 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible as G eneral ( U nder H onorable C onditions) by reason of convenience of the government - mental condition.

011030 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
011102:  Applicant offered to be screened for drug/alcohol abuse and/or dependency. Applicant refuses to be screened by a medical doctor and refuses to accept any and all treatment which might have been offered. Applicant determined to present a risk for deterioration in function and/or continuing danger to himself or others if he is retained in the Naval service.
         [Extracted from NAVPERS 1070/163, Administrative Remarks, dtd this date, and Commanding Officer, Service School Command, dtd 011116.]

011116 :  Commanding Officer, Service School Command, Great Lakes, IL , directed Applicant ’s discharge by reason of convenience of the government due to mental condition not a disability with an uncharacterized entry level separation.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20011130 for convenience of the government due to a physical or mental condition, not a disability (A) with a service characterization of uncharacterized. 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).

By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service. Unless there were unusual circumstances regarding a servicemember’s performance or conduct that would merit an honorable characterization, an uncharacterized discharge is generally considered the most appropriate characterization of a member’s service. The Applicant's service record did not contain any unusual circumstances during his less than 6 months in the military to warrant a change of discharge to honorable. To the contrary, the Applicant now claims that he intentionally made false statements to medical authorities in order to get out of his service obligation. The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits, educational pursuits, and especially civilian employment, an uncharacterized separation is considered the equivalent of an honorable or general (under honorable conditions) discharge. The Board advises the Applicant that such false statements are considered serious offenses under Article 107 of the Uniform Code of Military Justice, for which a punitive discharge is authorized if adjudged at a special or general court-martial . Relief is denied.

The NDRB has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the NDRB’s review to a determination of the propriety and equity of the discharge. Similarly, the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces. Therefore, NDRB is not authorized to change a reenlistment code. Reenlistment policy of the N aval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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. Naval Military Personnel Manual, (NAVPERS 15560C), Change 33, effective
 28 Aug 01 until 21 Aug 2002, Article 1910-120 (formerly 3620200), SEPARATION BY REASON OF CONVENIENCE OF THE GOVERNMENT - PHYSICAL OR MENTAL CONDITIONS.

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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