Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00475
Original file (ND99-00475.rtf) Auto-classification: Denied


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

ex-OSSA, USN
Docket No. ND99-00475

Applicant’s Request
The application for discharge review, received 990218, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 000110. 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 - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I believe that my discharge was inequitable because my mental illness was overlooked. I was diagnosed with schizophrenia after my service/discharge from the Navy. My difficulties with interpersonal relationships were caused by my mental illness. I feel that my accomplishments in the Navy were overlooked. I worked really hard for my merits in the Navy and I believe that my discharge should be upgraded to "General"

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Personal statement from applicant
Letter from applicant's parents
Letter from a doctor from UCSD Outpatient Psychiatric Services dated November 18, 1998
Copy of DD Form 214
Police record check from San Diego Police Department dated March 9, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     900421 - 900728  COG

 Period of Service Under Review :
Date of Enlistment: 900729               Date of Discharge: 930630

 Length of Service (years, months, days):

         Active: 02 11 02
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 12                        AFQT: 68

 Highest Rate: OS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (3)    Behavior: 3.00 (3)                OTA: 3.26

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

 Days of Unauthorized Absence: 3

Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

920313:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 10 days. No indication of appeal in the record.
920316:  Retention Warning from USS FLINT (AE 32): Advised of deficiency (Unauthorized absence, continued poor reliability and poor military bearing will not be tolerated.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930211:  NJP for violation of UCMJ, Article 117: Provoking gestures; violation of UCMJ Article 134: Disorderly conduct.
         Award: Forfeiture of $100 per month for 2 months, extra duty for 10 days, reduction to OSSN. Reduction suspended for 6 months. No indication of appeal in the record.
930518:  Vacate reduction to OSSN awarded at CO's NJP dated 11Feb93.

 930518:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 2300, 30 April 1993 to 0500, 1 May 1993.
Award: Forfeiture of $531 per month for 2 months, restriction and extra duty for 20 days, reduction to OSSA. No indication of appeal in the record.
930604:  USS FLINT (AE 32) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by the following punishments under the UCMJ in your current enlistment.
930604:          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.
930607:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

930624:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930630 under other than honorable conditions for misconduct due to a pattern of misconduct (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’s issue that her misconduct should be mitigated by an undiagnosed medical condition was considered by the NDRB. The Board did not find, however, enough evidence to substantiate the applicants claim. Relief not warranted.

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



Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 5, effective 05 Mar 93 until 21 Jul 94), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT.

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 St SE Rm 309
                  Washington, D.C. 20374-5023     


Similar Decisions

  • NAVY | DRB | 2003_Navy | ND03-01244

    Original file (ND03-01244.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. Documentation In addition to the service record, NO DISCHARGE PACKAGE AVAILABLE, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 970722 -...

  • NAVY | DRB | 2001_Navy | ND01-00542

    Original file (ND01-00542.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-OSSA, USN Docket No. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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’s issue states: “I am seeking to obtain an upgrade in my discharge to general/under honorable conditions.

  • NAVY | DRB | 2004_Navy | ND04-00238

    Original file (ND04-00238.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-MRFN, USN Docket No. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. At this time, the Applicant has not provided sufficient documentation for the Board to consider.

  • NAVY | DRB | 2001_Navy | ND01-00297

    Original file (ND01-00297.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 941017 - 950621 COG Period of Service Under Review :Date of Enlistment: 950622 Date of Discharge: 990614 Length of Service (years, months, days):Active: 03 11 23 Inactive: None OSSN (applicant) surrendered himself on...

  • NAVY | DRB | 1999_Navy | ND99-00096

    Original file (ND99-00096.rtf) Auto-classification: Denied

    No indication of appeal in the record.970714: Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of Misconduct due to Commission of a Serious Offense, Misconduct due to Drug abuse (Use), Misconduct due to Civil Conviction and Misconduct due to a Pattern of Misconduct.970714: Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights used to support the...

  • NAVY | DRB | 2003_Navy | ND03-00258

    Original file (ND03-00258.rtf) Auto-classification: Denied

    At this time, the applicant has not provided any documentation for the Board to consider. Therefore, no relief will be granted.The applicant is reminded that he is eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. 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...

  • NAVY | DRB | 2000_Navy | ND00-00578

    Original file (ND00-00578.rtf) Auto-classification: Denied

    The Board conducted a thorough review of all official records, supporting documents, facts, and circumstances unique to this case, in addition to the applicant’s extensive post-service, community, volunteer work. No indication of appeal in the record.850228: Commanding Officer, Flag Allowance, Commander THIRD Fleet notified applicant of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse and Pattern of...

  • NAVY | DRB | 2000_Navy | ND00-00303

    Original file (ND00-00303.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-OSSA, USNR Docket No. ND00-00303 Applicant’s Request The application for discharge review, received 000105, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Applicant requested board review evidence submitted with original...

  • NAVY | DRB | 2004_Navy | ND04-00869

    Original file (ND04-00869.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. As of this time, the Applicant has not provided any documentation for the Board to consider. 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.

  • NAVY | DRB | 2004_Navy | ND04-00412

    Original file (ND04-00412.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. _______________________________________________________________________ In accordance with 32 C.F.R., section 724.166, and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to the Applicant’s...