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Docket No. ND04-00343

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

ex-OSSA, USN
Docket No. ND04-00343

Applicant’s Request

The application for discharge review was received on 20031218.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions.  The Applicant stated he would appear before the board if needed.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area.  The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040910.  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 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, as stated

Applicant’s issues, as stated on the application:

1.  “In the first quarter of 2000 my mother passed away due to cancer.  My mother was the only family that I knew of.  I was given 1 week of leave.  When I returned to duty on board the USS Cole (DDG-67) the ship was prepared for a six week underway period.  During this time my house that had been left to me by my mother was lost due to failure to respond.  The time I was in the Navy I was going through extreme stress and morning.  In two  years of service I made my way to E-4 and was shortly up for the E-5 Exam.  I had no disceplanary issues.  My mother had left me thousands of dollars in debt and my income was not near enough to pay for this.  I intentually failed a drug test to get discharged from the Navy.  At that time I was not fit to make any important decisions.  The decision I made was a mistake and I fully apologize for my actions.  At any other period in my life I strongly believe I would have been an honorary sailor.  If I wouldn’t have been discharged from the navy, chances are I would have been killed on board the USS Cole and yet I wish I were there.  In this review I respectfully request for my discharge to be upgraded.  Thank you for your time.”

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	980219 - 980907	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  980908			Date of Discharge:  001130

Length of Service (years, months, days):

	Active:    02  02  23	Does not exclude lost time
	Inactive:  None

Age at Entry:  17 Parental consent		Years Contracted:  4

Education Level:  12				AFQT:  65

Highest Rate:  OS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.50 (2)	Behavior:  1.50 (2)		OTA:  2.20

Military Decorations:  None

Unit/Campaign/Service Awards:  Letter of Commendation (2)

Days of Unauthorized Absence:  10 [Extracted from DD214]

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:

001005:	Comments from Evaluation Report and Counseling Record: OS3 T_’s (Applicant’s) promotion recommendation is hereby removed.
	Petty Officer T_ (Applicant) has always been reluctant to accept responsibility.  He has difficulty adapting to changes in policy and work conditions relating to the Navy, and is unable to grasp the concept of teamwork, persistently being diverted by any number of personal interests. Petty Officer T_ (Applicant) is a disgrace and liability to the Naval Service.
*36/38/39 - Because of his consistent un-reliability and lack of team concept, he has created problems for his subordinates and shipmates.  Additionally, Petty Officer T_ (Applicant) lacks the ability to handle problems at a third class Petty Officer level, and has failed to live up to Navy Core Values, Honor, Courage and Commitment. Petty Officer T_ (Applicant) IS NOT recommended for advancement or retention in the Armed Forces.

001130:	DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to the commission of a serious offense, authority:  NAVMILPERSMAN, Article 1910-142.

Applicant’s discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20001130 under other than honorable conditions (A) for misconduct due to commission of a serious offense.  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this, the Board found that the discharge was proper and equitable (B and C).  The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).    

Issue 1.  The Applicant contends that his problems in the Navy can be attributed to “extreme stress and morning.”  In the absence of a complete discharge package, the Board presumed regularity of governmental affairs.  The statements and documents provided by the Applicant do not refute the presumption of regularity in this case.  The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  Relief denied.

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 other evidence related to his 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), Change 30, dated 7 Nov 00, effective 30 Aug 00 until 24 Jan 01, 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 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

C.  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.

D.  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.  

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.