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

Docket No. ND01-00780

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

 ex-OSSN, USN
Docket No. ND01-00780

Applicant’s Request

The application for discharge review, received 010515, requested that the characterization of service on the discharge be changed to honorable.  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 011127.  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 and narrative reason of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I respectfully request my discharge be upgraded to honorable from other than honorable conditions.  I also request that the narrative be changed from commission of a serious offense to something not so severe.  I was discharged Aug 21 1990 my service obligation was up on June 24, 1991.  I was 10 months 2 days short of fulfilling my term.  I asked to be let out of the navy due to my wife was having a hard time with our newborn and me being overseas on West Pac.  I told them I was going to kill myself.  I had no intentions of doing this but this was the only way for me to get out.  I was married May 14, 1990 and our 1^st daughter was born June 20, 1990.  Joining the military was a big change for me I had just gotten out of high school and I was only 17 yrs old when I was in boot camp.  I had never been away from my parents it was a big change for me.  When I joined the Navy I had no intentions of getting married having children nor did I want to cause any problems.  I regret not fulfilling my military obligation my actions than affected me now.  Since my discharge I have went to college became a police officer been married to the same lady for 11 yrs and have 3 kids.  I have become a productive member of society coaching mens softball and high school track.  I feel that the current discharge and reason for separation is very severe.  It had been 11 yrs since my discharge I have gotten into trouble with the exception of 1 speeding ticket in 1993.  Thank you for your review.

Documentation

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

Copy of Peace Officer Standard and Training Board Certificate
Character Reference Letters (2)
Copy of College Transcript 
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	860812 - 870623	COG

Period of Service Under Review:

Date of Enlistment:  870624		Date of Discharge:  900821

Length of Service (years, months, days):

	Active:    03  01  28
	Inactive:  None

Age at Entry:  17 (w/Parental Consent)			Years Contracted:  4 

Education Level:  12			AFQT:  71

Highest Rate:  OS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.46 (3)	Behavior:  3.40 (3)		OTA:  3.53

Military Decorations:  None

Unit/Campaign/Service Awards:  OSR 

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

890818:	Retention Warning:  Advised of deficiency (Failure to conform your conduct to acceptable naval standards.  Specifically, you were placed on report and appeared at CO's NJP for unauthorized absence). Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
890822:	NJP for violation of UCMJ, Article 86: Unauthorized absence from about 0730 to 0930, 890712.
	Award:  Correctional Custody for 30 days.  Appealed.

890824:	Appeal authorized, non-judicial punishment awarded on 890818 is suspended for 6 months.

900618:	NJP for violation of UCMJ, Article 86: Unauthorized absence without authority from at or about 0700, 900612 until at or about 1232, 900617; violation of UCMJ, Article 87: Missing ship's movement on or about 900613.
	Award:  Forfeiture of $250.00 per month for 1 month (forfeiture of $125.00 pay per month suspended for 6 months), restriction and extra duty for 45 days, reduction to E-3 (suspended for 6 months).  No indication of appeal in the record.

900628:	Retention Warning: Advised of deficiency (violation of the UCMJ Article 86, unauthorized absence without authority), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

900719:	Psychological Evaluation: referred by Chaplain for possible suicide ideation.
	Suicidal gesture at age 16- “cut stomach”; suicidal gesture at age 19, 890713, Motrin ingestion.
Axis I:  Low suicidal risk.
        II:  Personality Disorder, NOS: immature, passive, antisocial traits.
Recommend Admin Sep due to Personality Disorder.
	
900725:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense [Extracted from CO's message].

900725:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights [Extracted from CO's message].

900727:	Commanding officer recommended discharge under other than honorable conditions by reason of convenience of the government personality disorder and misconduct due to the commission of a serious offense. 

900802:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900821 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.  A discharge of 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 other occasions.  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.  An upgrade to honorable would be inappropriate.  Missing ship’s movement on or about 900613 constituted a serious offense.  No other narrative reason more clearly describes the applicant’s misconduct.  Relief denied.

The applicant’s discharge characterization and narrative reason accurately reflect his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the applicant’s enlistment.  Additionally, 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 the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that 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.  Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct.  The applicant did not provide sufficient documentation to warrant an upgrade to his discharge.  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 15560A), Change 8, effective 
21 Aug 89 until 14 Aug 91, Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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/A9405/A9307/A9301/A9221/A9217/A9223/