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

Docket No. ND01-00658

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

 ex-SR, USN
Docket No. ND01-00658

Applicant’s Request

The application for discharge review, received 010411, requested that the characterization of service on the discharge be changed to Entry Level Separation or Uncharacterized.  The applicant requested a documentary record discharge review.  The applicant designated the American Legion as the representative on the DD Form 293.  Subsequent to the application, the applicant changed representative/counsel to the Disabled American Veterans.

Decision

A documentary discharge review was conducted in Washington, D.C. on 011214.  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, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I graduated from boot camp perfectly healthy.  Got to the USS Sacramento and people started to call me different names such as "Russian bastard" and so on due to my nationality.  Combining the verbal abuse and the hard work under way caused me to become suicidal.  That is when I was sent to San Diego Balboa Hospital.  Than I was sent back to the USS Sacramento to continue my enlistment.  Refused to go to a burning building during a training excursive due to being afraid.  Then I was sent to the Correctional Custody Unit, there I was disrespectful to an officer witch led to be discharge.  After I got home I ended up in the spring grove hospital for a month and a half.  The state doctor determined me having a mental illness.  Now I have to take pills everyday, who knows for how long.  Currently I am attending an outpatient program at Sinai Hospital at the mental clinic.  The doctors think that the illness is United States Navy Related.  I would like to get the discharge upgraded so I can get my benefits which I am entitled to and so I can get a job working for the Government eventually.

Submitted by DAV:

2.  The records reflect the FSM served in the United States Navy from June 24, 1999 to July 5, 2000, with a narrative reason for separation as Misconduct - Serious Military Offense.  This reflects an twelve month period of active se4vice with the FSM listing most of his difficulties were creating due to the constant harassment.

In light of the FSM's request we ask that in the course of the discharge review, if it is determined that the policies and procedures under which that applicant was discharged differ in material respects from policies and procedures currently applicable on a service wide basis to discharges of the type under consideration that full consideration be given to a change of the current discharge on the basis of equity in accordance with SECNAVINST regulations.

We ask for the Boards careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision.  These issues do not supersede any issues previously submitted by the applicant.

Documentation

In addition to the service record (medical record not available), the following additional documentation, submitted by the applicant, was considered (some of the documentation was duplicated):

Copy of DD Form 214
Letter from Sinai Hospital undtd to the DAV
Separation Authority (COMNAVSURGRU) dtd 1 Jun 00
TEMADD Orders transferring applicant to NavHosp Balboa, San Diego, CA
Maryland Mental Hygiene Administration Aftercare Referral (3 pages)
Baltimore County Dept of Social Services Medical Report (2 pages)
Spring Grove Hospital Center, Nursing Discharge/Summary (Adm Dec 15, 2000) and client handbook information (1 page)
Sinai Hospital ltr dtd 2/26/01 stating applicant's attendance Psychiatric Clinic's Intensive Out-Patient program from 2/20/01 - 2/26/01
U.S. Navy Recruiter Education Verification Letter
B_ S. D_, R.N, (Sinai Hospital) ltr dated Ma 20, 2001
Baltimore Country Depart of Social Services ltr dtd 2/21/01 approval for transitional emergency medical and housing assistance (4 pages)
Spring Grove Hospital Center ltr dtd Jan 23, 2001
State of Maryland Pharmacy Assistance Program ltr (2 pages)
Community College of Baltimore County transcript 
Certificate of Citizenship dtd 30 Dec 1996
Certificate of Completion (Computer Programming) dtd 14 Oct 96
Spring Grove Hospital Center Discharge Summary/Psychiatric Assessment dtd May 8, 2001 (11 pages)
Sinai Hospital letter to NCPB dtd May 15, 2001 enclosing copies of medical records (25 pages)
Certificate of Completion (The School To Career Transition Program) dtd 1999

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	990428 - 990623	COG

Period of Service Under Review:

Date of Enlistment:  990624*	Date of Discharge:  000705

Length of Service (years, months, days):

	Active:    01  00  12
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  38

Highest Rate:  SR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  1.0 (1)	Behavior:  1.0 (1)		OTA:  1.33 (5.0 evals)

Military Decorations:  None

Unit/Campaign/Service Awards:  AFEM; Battle “E” ribbon

Days of Unauthorized Absence:  None

*Applicant's Enlistment Contract not contained in Service Record.  Information was located from entries in record and on the DD Form 214.

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

Chronological Listing of Significant Service Events:

991121:	Retention Warning:  Advised of deficiency (your lack of reasonable effort and failure to adapt to the naval environment as evidenced by your full medical evaluation of by the ship's medical officer on 21 Nov 99), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

000501:	NJP for violation of UCMJ, Article 89:  disrespect to a superior commissioned officer; violation of UCMJ Article 92: disobey a superior commissioned officer and dereliction of duty; violation of UCMJ Article 134: disorderly conduct.
	Award:  30 days Correctional Custody Unit.  No indication of appeal in the record.

000524:	NJP for violation of UCMJ, Article 90:  willfully disobey superior commissioned officer; violation of UCMJ Article 91 (3 Specs): disobey first and second class petty officer; violation of UCMJ Article 117: provoking speeches and gestures; violation of UCMJ, Article 134:  disorderly conduct.
	Award:  Forfeiture of $502 per month for 2 months, 60 days restriction. No indication of appeal in the record.

000601:	Commander, Naval Surface Group, Pacific Northwest, Everett, WA directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious military offense.

[Admin discharge package not contained in service record and applicant did not provide.  Only the separation authority was obtained.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000705 under other than honorable conditions for misconduct due to commission of a serious offense (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).

Issue 1.  The Veterans Administration determines eligibility for post-service benefits, not the NDRB.  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.

Issue 2.  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.  The applicant’s service was marred by award of nonjudicial punishment (NJP) for offenses triable by court-martial on two occasions and adverse counseling entries on another occasion.  The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in naval service, and falls short of that required for an honorable characterization of service.  A change in the characterization of the discharge would be inappropriate. 

He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Legal representation at a personal appearance hearing is highly recommended but not required.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 28, effective 
30 Mar 00 until 29 Aug 00, Article 1910-142  [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

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 "afls10.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: A6730/A921/A9331/A9321/A9445/A9201