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NAVY | DRB | 1999_Navy | ND99-00046
Original file (ND99-00046.rtf) Auto-classification: Denied


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

ex-AOAN, USN
Docket No. ND99-00046

Applicant’s Request
The application for discharge review, received 981006, 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 990920. 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630605.







PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Prior to the documentary discharge review, the applicant introduced no issues, as block 8 on the DD Form 293 is blank.


Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant dated September 21, 1998
Copy of DD Form 214 (2 copies)
Thirty-eight pages from applicant's service/medical records
Copy of Evaluation dated 97Jul14 to 97Aug31 (2 copies).

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     961226 - 970120  COG

 Period of Service Under Review :
Date of Enlistment: 970121               Date of Discharge: 971107

 Length of Service (years, months, days):

         Active: 00 09 21
         Inactive: None

 Age at Entry: 27                          Years Contracted: 4

 Education Level: 16                        AFQT: 52

 Highest Rate: AOAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 3.00 (1)*               OTA: 2.67

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630605.

* 5.0 evaluation and provided by applicant.

 Chronological Listing of Significant Service Events :

970930:  Mental Health Department: Diagnosis: Axis 1: Alcohol abuse, Axis 2: Personality disorder not otherwise specified with narcissistic and anti-social features, Axis 3: Intermittent anxiety, associated musculoskeletal chest pain. Recommended for expeditiously administrative separation.

971014:  NJP for violation of UCMJ, Article 86: Unauthorized absence 0600-0900, 29 September 1997, violation of UCMJ Article 92: Disobeying a lawful order, to wit: failure to report at N4 Ordnance Division Workcenter Hangar 5 at 0600, 29 September 1997 as ordered by CWO3.
         Award: Restriction and extra duty for 45 days, reduction to AOAA. Restriction, extra duty and reduction suspended for 6 months. No indication of appeal in the record.
971027:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and by reason of convenience of the government - other physical or mental conditions (not specified).
971027:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
971207:  Commanding officer directed discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense. Commanding officer’s comments (verbatim): Airman (applicant) was administratively separated on 7 November 1997 by reason of misconduct - commission of a serious offense and convenience of the government - other physical or mental conditions. Airman (applicant) displayed an extreme lack of maturity, poor self control and substandard behavior since reporting aboard. He was unwilling to adapt to military life and continually allowed his personal affairs to interfere with his professional duties. Airman (applicant) was afforded numerous counseling sessions to correct his deficiencies in performance and conduct, however he repeatedly demonstrated no desire to improve or correct them. His potential for further productive service was nil, and I separated him with a discharge of General under Honorable conditions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 971107 general (under 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).

The Board found the characterization and reason for your discharge to be accurate.

The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at a personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 14 Mar 98, Article 3630605, 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     


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