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NAVY | DRB | 1999_Navy | ND99-00429
Original file (ND99-00429.rtf) Auto-classification: Denied


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

ex-PNSN, USN
Docket No. ND99-00429

Applicant’s Request
The application for discharge review, received 990208, 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 991213. 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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.       Please review the enclosed letters of appreciation, recommendation and commendation.
2.       Please also note the continual improvement in performance evaluation reports. Note that even beyond achieving junior sailor of the quarter for the period July 1 - September 30, 1988, that my evaluation scores for knowledge, initiative, reliability; military bearing and personal behavior improved yet again. This resulted in Command Advancement Placement (CAP) to E-4.
3.       A personality conflict within my department could not be resolved despite my best efforts. As an exemplary sailor, I felt a temporary transfer of duty was reasonable. Yet it was continually denied. These work related issues affected my family life. I received Anger/Violence Control Counseling (see attached Certificate of Completion) in an effort to save my marriage. When my request for transfer was denied, I took drastic action to remove myself from a situation (staying aboard the Rathburne in Personnel) that had threatened my marriage and family life.
4.       Since my discharge, I have achieved career success in accounting and preserved my now 12 year marriage. Since the incident leading to my discharge was an isolated incident in 3 years of exemplary and dedicated military service, I hereby respectfully request a change in character of discharge to honorable conditions.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter of Recommendation
Letter of Appreciation
Letter of Commendation
Copies of Enlisted Performance Evaluation Reports (3)
Copy of Certificate of Completion for Anger/Violence Control
Employment Reference Letters (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     860731 - 860824  COG

 Period of Service Under Review :
Date of Enlistment: 860825               Date of Discharge: 891108

 Length of Service (years, months, days):

         Active: 03 02 14
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 41

 Highest Rate: PN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (4)    Behavior: 3.60 (4)                OTA : 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, Expert Rifle Medal, Sharpshooter .45 Cal

 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 :

890612:  Medical evaluation indicates applicant was diagnosed with a Personality Disorder NOS with dependent and avoidant traits (301.90) EPTE.

890616:  NJP for violation of UCMJ, Article 86: Absence from unit, organization, or place of duty, violation of UCMJ, Article 90: Willful disobedience of a Superior Commissioned Officer, violation of UCMJ, Article 91: Willful disobedience of Warrant, Noncommissioned, or Petty Officer.
         Award: Confinement for 3 days, forfeiture of $50.00 per month for 2 months, reduction to E-3. No indication of appeal in the record.
890828:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense within the current enlistment and/or as diagnosed by a competent military medical authority for personality disorder with dependent and avoidant traits. .
890828:          Applicant advised of his rights and having elected 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 and to submit statement on own behalf either verbally or in writing before an Administrative Board or in writing if an Administrative Board not convened.
890914:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense with the current enlistment and/or personality disorder dependent/avoidant traits.

890921:  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 891108 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).

In the applicant’s issues 1 and 2, the Board found that the applicant’s misconduct overshadowed his commendations and performance evaluations.

In response to the applicant’s issue 3, the Board found nothing in the records nor did the applicant submit any supporting documentation that showed that his personal problems were of sufficient magnitude that they could not be resolved through standard military channels or by the applicant’s chain of command. In fact, the Board found that the applicant’s age, education, test scores, prior service, promotions and awards were sufficient to qualify him for enlistment. The Board will not grant relief on the basis of this issue.

In the applicant’s issue 4, there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

 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. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article [e.g., 86, for unauthorized absence for a period in excess of 30 days] if adjudged at a Special or General Court-Martial.
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, DC 20374-5023       


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