Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00499
Original file (ND99-00499.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND99-00499

Applicant’s Request
The application for discharge review, received 990224, 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 000110. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an impropriety and inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character and reason of the discharge shall change. The discharge shall read: HONORABLE/SECRETARY PLENARY AUTHORITY : NAVMILPERSMAN, Article 3630900.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Up until the time I became married, my service was outstanding and appreciated by my superiors. After I became married, my spouse actively and passionately took it upon herself to make waves at my command. With her lies and trickery she created unnecessary and unusual stresses in both myself and fellow shipmates/superiors. This led to my leaving U.A. I wish I would have dealt with the situation more proffessionally, but I can only change what happened in my mind. Based on this being the isolated incident during my service, I respectfully request an upgrade to Honorable.


 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)     900421 - 900807  ELS
                  USNR (DEP)      901031 - 901113  COG

 Period of Service Under Review :
Date of Enlistment: 901114                        Date of Discharge: 920821

 Length of Service (years, months, days):

         Active: 01 09 08
         Inactive: None

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 11      GED               AFQT: 73

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.30 (2)    Behavior: 3.40 (2)                OTA: 3.30

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: XX

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct - minor disciplinary infractions, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

910620:  NJP for violation of UCMJ, Article 113: Wrongfully sleeping on watch on 6Jun91.
         Award: Forfeiture of $100 per month for 1 month, extra duty for 15 days. Forfeiture, restriction and extra duty suspended for 6 months. No indication of appeal in the record.
920413:  NJP for violation of UCMJ, Article 86 (3 specs): Unauthorized absence from 1300, 26Feb92 to 0700, 27Feb92, 0700-0745, 10Mar92, 1530, 20Mar92 to 1048, 9Apr92 (20 days/apprehended).
         Award: Confinement on bread and water for 3 days, reduction to SR. No indication of appeal in the record.
920728:  Applicant to unauthorized absence 0730, 28Jul92.

920729:  Applicant missed ship's movement.

920805:  Medical Department: A: (1) Marital problem, (2) personality disorder.

 920811:  Psychiatric evaluation: Impression: Axis I: Marital problem, Axis II: Impulsive traits noted.

920817:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of misconduct due to a minor disciplinary infractions as evidenced by punishments under the UCMJ in your current enlistment.
920818:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
920818:  Commanding officer directed discharge under honorable conditions (general) by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920821 under honorable conditions (general) for misconduct due to minor disciplinary infractions (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 improper and inequitable (C and D) due to the lack of documentation of a proper discharge warning. Accordingly, the reason for discharge shall change to Honorable/ Secretary Plenary Authority, MILPERSMAN 3630900. Relief warranted.


 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON 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 Street SE Rm 309
                  Washington, D.C. 20374-5023     


Similar Decisions

  • NAVY | DRB | 2001_Navy | ND01-00646

    Original file (ND01-00646.rtf) Auto-classification: Denied

    I was discharged in 92 for sleepwalking. I know that if you sleepwalk you will be discharged from the Navy. Documentation Only the service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider.

  • NAVY | DRB | 1999_Navy | ND99-01129

    Original file (ND99-01129.rtf) Auto-classification: Denied

    980924: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by violation of UCMJ Article 86 (Unauthorized Absence) on 2 April 1998, Article 86 (Unauthorized absence) and Article 87 (Missing Movement) on 18 June 1998, and Article 86 (Unauthorized absence) on 19 September 1998.980924: Applicant advised of his rights and having elected not to consult with counsel certified under...

  • NAVY | DRB | 2003_Navy | ND03-01453

    Original file (ND03-01453.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-AMEAR, USNR Docket No. ND03-01453 Applicant’s Request The application for discharge review was received on 20030903. The Applicant requests the characterization of service received at the time of discharge be changed to honorable.

  • NAVY | DRB | 2002_Navy | ND02-00249

    Original file (ND02-00249.rtf) Auto-classification: Denied

    Thank you Documentation Applicant did not provide any additional documentation for the Board to consider, therefore, only the Applicant's service and medical records were reviewed. Corrective action provided.Note: No record of counseling/retention warning in official record documenting how personality disorder has effected performance, nor did a period of time elapse for the Applicant to correct any deficiencies as specifically related to his personality disorder.920730: Applicant notified...

  • NAVY | DRB | 1999_Navy | ND99-00168

    Original file (ND99-00168.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letter of Support from Beaverton Senior Resource Center Department of Aging & Veterans' Service Letter from applicant (3pgs) Copy of DD Form 214 Letter from S____ C. H____, M.D Copies from Medical Records (37pgs) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN None Inactive: USNR (DEP) 890628 - 890808 COG...

  • NAVY | DRB | 2004_Navy | ND04-00904

    Original file (ND04-00904.rtf) Auto-classification: Denied

    ND04-00904 Applicant’s Request The application for discharge review was received on 20040512. The Applicant requests the characterization of service received at the time of discharge be changed to 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...

  • USMC | DRB | 2001_Marine | MD01-00147

    Original file (MD01-00147.rtf) Auto-classification: Denied

    Relief is therefore denied.The applicant also appealed for relief based on post-service conduct, however, failed to provide any proof or documentation of credible service to the community. The applicant provided the Board only a copy of his DD-214. At this time the applicant has not provided sufficient documentation of good character and conduct.

  • NAVY | DRB | 1999_Navy | ND99-00019

    Original file (ND99-00019.rtf) Auto-classification: Denied

    Returned to duty.970307: Applicant notified of intended recommendation for discharge by reason of Entry Level Performance and Conduct. Accordingly, SR (applicant's) discharge is approved per reference (a).” PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 970314 with an uncharacterized service by reason of entry level performance and conduct (A). After a thorough review of the records, supporting documents, facts, and circumstances...

  • NAVY | DRB | 2002_Navy | ND02-00945

    Original file (ND02-00945.rtf) Auto-classification: Denied

    900202: Naval Medical Clinic, NAS North Island, CA: This 23 year old female technician (Applicant) from Oregon, 12 years formal education, 12 months active duty in the U.S. Navy, married 18 months, unable to [provide] her husband's location, one child from previous relationship is referred to this facility for clinical evaluation following suicidal ideation yesterday and probable suicidal gesture prevented by her roommate. Pt (Applicant) referred to Psychiatry Naval Hospital San Diego for...

  • NAVY | DRB | 2002_Navy | ND02-00861

    Original file (ND02-00861.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): Inactive: USNR (DEP) None Active: USN None Period of Service Under Review :Date of Enlistment: 871106 Date of Discharge: 930729 Length of Service (years, months, days):Active: 05 05 26 (does not exclude lost time) Inactive: 00 02 27 After a thorough...