Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. ND00-00517

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

 ex-FR, USNR
Docket No. ND00-00517

Applicant’s Request

The application for discharge review, received 000315, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001005.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  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 - Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My discharge was improper because medical records will show suicide attempt due to rape and denial of psychiatric council.  Also, discharged from Navy while pregnant.  Please read supporting documents.

Documentation

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

Character reference dated February 28, 2000
Character reference dated February 24, 2000
Character reference dated February 17, 2000
Statement from applicant's grandmother dated February 26, 2000

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: None

Period of Service Under Review:

Date of Enlistment:  850501		Date of Discharge:  860717

Length of Service (years, months, days):

	Active:    01  02  17
	Inactive:  00  00  12

Age at Entry:  23			Years Contracted:  8

Education Level:  6 GED		AFQT:  82

Highest Rate:  FA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.40 (1)	Behavior:  3.20 (1)		OTA:  3.40

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  9

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

850505:	Applicant briefed on Navy's policy on drug and alcohol abuse.

850809:	NJP for violation of UCMJ, Article 92 (3 specs): (1) Failure to obey a lawful order, (2) Derelict in the proper performance of duties, (3) Failed to obey a lawful order by wearing unauthorized civilian clothes.
	Award: Forfeiture of $285 per month for 1 month, restriction and extra duty for 10 days.  No indication of appeal in the record.

850809:	Retention Warning from Naval Damage Control Training Center, Naval Base, Philadelphia, PA:  Advised of deficiency (Failed to obey a lawful order by public displays of affection while in uniform and dereliction in the proper performance of duties by leaving her post, to wit: gear locker watch and failed to obey a lawful order by wearing unauthorized civilian clothes.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

850826:	NJP for violation of UCMJ, Article 86: Unauthorized absence on 15Aug85, violation of UCMJ, Article 113: Misbehave while posted as a sentinel on 15Aug85.
	Award: Restriction and extra duty for 15 days.  No indication of appeal in the record.

860206:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 1Feb86 to 0730, 3Feb86 (2 days).
	Award:  Correctional custody for 30 days.  No indication of appeal in the record.

860208:	Retention Warning from Personnel Support Activity Detachment, Naval Weapons Station, Charleston, SC:  Advised of deficiency (Unauthorized absence from place of duty and failure to take recommended course of action to control alcohol problem.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

860529:	NJP for violation of UCMJ, Article 86: Willfully absent from appointed place of duty, to wit: USS ALAMOROGDO (ARDM-2) on 0530, 21May86 until 1845, 28May86 (7 days).
	Award:  Forfeiture of $305 per month for 2 months, restriction and extra duty for 45 days, reduction to FR.  No indication of appeal in the record.

860605:	Naval Station, Charleston, SC notified applicant of intended recommendation for discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure and misconduct due to commission of a serious offense and a pattern of frequent involvement of a discreditable nature with civil or military authorities.

860605:	Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

860612:	Drug and Alcohol Abuse Report: Alcohol abuse, 4 to 7 times per week, afloat, February 1986 to May 1986.  Medical officer found applicant not dependent and recommended separate not via VA hospital.  Commanding officer recommended separate.  Comments: FA (applicant) is being processed for an Administrative Discharge due to misconduct, Commission of a Serious Offense, Misbehavior while Posted as a Sentinel, Disobeying a Lawful Order and Alcohol Abuse Rehabilitation failure.  Member was evaluated by a Medical Officer but cannot confirm ETOH dependency at this time.  Member has completed a 36 hour NASAP Course but continues to abuse alcohol and determined to be not amenable for any alcohol program.  9 August 1985, Commanding Officer's NJP for violation of UCMJ Article 92 and 113.  6 February 1986, Commanding Officer's NJP for violation of UCMJ Article  86, Unauthorized absence and 29 May 1986, Commanding Officer's NJP for violation of UCMJ Article 86, Unauthorized Absence from 0530, 21 May 1986 - 1845, 28 May 1986.  Awarded: 45 Days Restriction and Extra duties, forfeiture of pay $305.00 per month for two months and reduction in rate to Fireman Recruit.  Member shows no potential for further Naval service.

860613:	Commanding officer recommended discharge under other than honorable conditions by reason alcohol abuse rehabilitation failure and misconduct due to commission of a serious offense and a pattern of frequent involvement of a discreditable nature with civil or military authorities.

860707:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of frequent involvement of a discreditable nature with civil or military authorities.

PART III – RATIONALE  FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 860717 under other than honorable conditions for misconduct pattern frequent involvement of a discreditable nature with civil or military authorities (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).

The applicant’s issue states:  “My discharge was improper because medical records will show suicide attempt due to rape and denial of psychiatric council.  Also, discharged from Navy while pregnant.  Please read supporting documents.”  The NDRB reviewed the applicant’s service and medical records and found that she reported to medical the alleged rape in 8512 and attempted suicide following that.  The Board found a significant pattern of misconduct existed prior to this alleged incident and continued after.   The NDRB did not find the applicant’s misconduct mitigated by the alleged rape.  The applicant’s issue that her discharge was improper because she was discharged from the Navy while pregnant is non decisional.  The applicant was separated for her documented misconduct in accordance with the regulations.  Relief is denied.  

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560, Change 10/85, effective 
16 Dec 85 until 05 Oct 86), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT ‑ A PATTERN OF MISCONDUCT. 

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 “afls14.jag.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:

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

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6400/A0107/A9321/A9217/