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NAVY | DRB | 1999_Navy | ND99-00105
Original file (ND99-00105.rtf) Auto-classification: Denied


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

ex-FN, USNR
Docket No. ND99-00105

Applicant’s Request
The application for discharge review, received 981023, 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 990927. After a thorough review of the records, 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/HARDSHIP, authority: NAVMILPERSMAN, Article 3620120.

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority should read: “3620210” vice “3620200”. The original DD Form 214 should be corrected or reissued as appropriate.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. My discharge was based on only three month's time that I was aboard the USS Wadsworth, not taking into behalf the other 9 months I was in the service plus it was based on non-military issues. It was based more on the problems my wife had with getting assistance while I was out-to-sea.

 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):
         Active: None
         Inactive: USNR (DEP)     950831 - 951005  COG

 Period of Service Under Review :
Date of Enlistment: 951010               Date of Discharge: 961011

 Length of Service (years, months, days):

         Active: 01 00 02
         Inactive: None

 Age at Entry: 21                          Years Contracted: 8

 Education Level: 12                        AFQT: 87

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.00 (1)    Behavior: 2.00 (1)                OTA: 2.00 5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 2

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

GENERAL (UNDER HONORABLE CONDITIONS)/HARDSHIP, authority: NAVMILPERSMAN, Article 3620210.

 Chronological Listing of Significant Service Events :

960915:  Applicant to unauthorized absence 0730, 96Sep15.

960917:  Applicant from unauthorized absence 1415, 96Sep17 (2 days/surrendered).

960930:  Retention Warning: Advised of deficiency (Using physical violence against your spouse when having a dispute. Personal and financial difficulties which result in your inability to get underway on WADSWORTH and limit our availability for worldwide assignment.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

960930:  Applicant requested a hardship discharge.
         Description of Hardship: My wife is experiencing a number of psychological problems, including suicidality, depression, eating disorders, anxiety, and physical complaints, as stated in the Chronological Record of Medical Care dated 27 September 1996.
         Description of action taken: I have attended counseling sessions at the Family Advocacy Center with my wife; counseling sessions with Fleet Mental Health for myself; and counseling sessions with the family minister with my wife, and have had my wife evaluated by the Outpatient Psychiatry Clinic.

961011:  Commanding officer, USS WADSWORTH (FFG 9) advised BUPERS that applicant's request for hardship discharge was approved and applicant was discharged general (under honorable conditions) by reason of hardship.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 961011 with general (under honorable conditions) due to hardship (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In issue 1, the applicant states that his “discharge was based on only the three month’s time that the applicant was aboard the USS Wadsworth, not taking into behalf the other 9 months the applicant was in the service plus it was based on non-military issues.” However, the Board found that the service record of the applicant clearly documents misconduct during those last three months to include unauthorized absence and a retention warning for spousal abuse and inability to get underway on WADSWORTH.
According to the Navy Military Personnel Manual, (NAVPERS 15560C), Change 14, Article 3610250, paragraph 2b, a characterization of service as General is warranted on the basis of the Enlisted Performance Evaluation System. The applicants final enlisted performance evaluation averages were all below 3.0 on a 5.0 scale. The Board will not grant relief on this issue.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
 03 Oct 96 until 11 Dec 97, Article 3620210, SEPARATION OF ENLISTED PERSONNEL BY REASON OF CONVENIENCE OF THE GOVERNMENT - DEPENDENCY OR HARDSHIP.

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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