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NAVY | DRB | 1999_Navy | ND99-00172
Original file (ND99-00172.rtf) Auto-classification: Denied


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

ex-MSSN, USN
Docket No. ND99-00172

Applicant’s Request
The application for discharge review, received 981113, 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 991004. 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 3630605.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My fiancal problem, since I have being discharge. I've gone to consummer creditors and I'm sorting out my debt's and I'm clearing my credit.

2. Due to the disagreements in marriage my wife and I have divorced and I am now living alone.

3. I am no longer in the calinary arts field I am currently seeking employment as a detention officer at the state jail.

4. Also with the past seven years that I have dedicated to the Navy I have severed my duties and severed them well, I believe that I should have my discharge changed because I deserve my G.I. Bill I deserve my medical benefits and I deserve to show myself that there is a life after the Navy.


 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            900223 - 931123  COG

 Period of Service Under Review :
Date of Enlistment: 931124               Date of Discharge: 971010

 Length of Service (years, months, days):

         Active: 03 10 17
         Inactive: None

 Age at Entry: 24                          Years Contracted: 4

 Education Level: 12                        AFQT: 26

 Highest Rate: MS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.90 (2)    Behavior: 4.00 (2)                OTA: 4.00        4.0 evals
 Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA: 3.00        5.0 eval

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC, SSM w/Bronze Star, NDSM, AFEM, SSR (3), BER (2)

 Days of Unauthorized Absence: 21

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630605.

 Chronological Listing of Significant Service Events :

950303:  NJP for violation of UCMJ, Article 116: Breach of peace, violation of UCMJ Article 128: Assault upon a petty officer.
         Award: EMI for 15 hours. No indication of appeal in the record.
950312:  Retention Warning: Advised of deficiency (Violation of the UCMJ Art 116 Breach of peace and violation of the UCMJ Art 128 Assault upon a petty officer.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

960711:  NJP for violation of UCMJ, Article 107: Make a false official statement on 17 May 1996, to wit: I was robbed at the ATM machine.
         Award: Forfeiture of $580 per month for 1 month, restriction and extra duty for 45 days, reduction to MSSN. Forfeiture suspended for 30 days. No indication of appeal in the record.
960711:  Retention Warning: Advised of deficiency (VUCMJ Art 107 - making a false official statement.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

961028:  Applicant to unauthorized absence 0700, 28Oct96.

961118:  Applicant from unauthorized absence 0700, 18Nov96. (21 days/surrendered).

970819:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
970822:          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 to submit statements.
970822:  Applicant's statement: I would like reconsideration of being discharged for the following reasons: 1. My EAOS is February 1998 and I am anticipating on taking the Third Class Exam in September. I want to stay in to show that my life has changed for the better. With counseling, my life (work and personal) has improved. I humbly ask for reconsideration to prove that I am a good sailor. 2. I am going to counseling to deal with my personal problems, my finances, my attitude in general. My family is also going through counseling as well and it has proved to help them tremendously. We have re-prioritized what's important to us. My wife and I have reconciled and are going through budgeting, self-esteem counseling and other programs to help us maintain our communication and harmony in our marriage. It's working because the children are happy and so are we. 3. My military career is very important to me and I wish to stay in to accomplish my goals for my future and the future of my family. Based on the above reasons, please reconsider my discharge and find favor to my plea. I know that I can do this if given this last chance.
970912:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. Commanding officer’s comments (verbatim): MSSN (applicant) had numerous family advocacy incidents during the last 11 months. (Applicant) violated his most recent page 13 by assaulting his wife on May 1, 1997. MSSN (applicant) waived his administrative board but submitted a statement on his behalf requesting to be retained in the Navy. The 2 NJP's during his enlistment along with the family advocacy incidents show there is a strong probability for further misconduct. (Applicant) has been an administrative burden to his command and department. I recommend that MSSN (applicant) be separated with an Other Than Honorable discharge.

970922:  Commander, Naval Base, Norfolk 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 971010 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).

The applicant stated conditions in his life have changed since his discharge. Specifically, that he is dealing with his financial problems, that he has divorced his wife and lives alone now, that he is no longer in the culinary arts field and seeks employment as a detention officer, and that he deserves his benefits.

Changes in the applicant’s life since his discharge do not change the facts leading up to and the reason for his discharge. The NDRB is authorized to consider post-service factors in the re-characterization of a discharge (D). The applicant must be aware that there is no law or regulation that provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to exist during the period of enlistment in question. The Board found no error or injustice exists in this case. Accordingly, relief is not warranted or granted.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 971212, 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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