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NAVY | DRB | 1999_Navy | ND99-00718
Original file (ND99-00718.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-00718

Applicant’s Request
The application for discharge review, received 990503, 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 000207. 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: GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

The NDRB did note an administrative error on the original DD Form 214. Block 25, Separation Authority should read: “Article 1910-140 (formerly 3630600” vice “3630300”. Block 28, Narrative Reason for Separation should read " PATTERN OF MISCONDUCT" vice "PERSONALITY DISORDER". The original DD Form 214 should be corrected or reissued as appropriate.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. In 24 months of service I submitted 23 sets of Naval Courses, I had 2 sets of pars signed of. In the first case of Captain's Mast, I took a civilian to the hospital because a loaded pallet fell on his foot. I know now what I did was wrong. I had dreams of becoming a Warrant Officer but those dreams have been crushed. I ask now that you would consider giving me an upgraded discharge. If you are not sure wether or not I should have been discharged, reenstate me and I'll show why I should not have been discharged.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 149
Statement from applicant
Copy of Letter of Appreciation dated August 15, 1997
Copy of Evaluation Report and Counseling Records dated 96Oct26 to 97Jan15, 97Jan16 to 97Jul15 and 97Jul16 to 98Jan06.
Copy of Physical Readiness Results (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)              960124 - 960129  COG

 Period of Service Under Review :
Date of Enlistment: 960130               Date of Discharge: 980206

 Length of Service (years, months, days):

         Active: 02 00 07
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 84

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.66 (3)    Behavior: 1.33 (3)                OTA: 2.13        5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

 Chronological Listing of Significant Service Events :

970110:  NHCC Mental Health: Suicidal ideations and gesture. Axis I: Adjustment disorder with depressed mood. Axis II: Borderline personality disorder, Axis III: Chronic sinusitis. Transferred to inpatient care.
970121:  Mental Health Clinic: Axis I: Adjustment disorder with depressed mood: improved, Axis II: Borderline personality disorder, Axis III: Chronic sinusitis.

970205:  Retention Warning: Advised of deficiency (You were hospitalized from 10-15 January 1997 after making a suicidal gesture and you were subsequently diagnosed as having and adjustment disorder with depressed mood and borderline personality disorder.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

970903:  NJP for violation of UCMJ, Article 86: Absence from unit organization, or place of duty on 6Aug97, violation of UCMJ Article 91: Contempt or disrespect toward warrant, commissioned, or petty officer, to wit: by saying "you don't have to know, violation of UCMJ Article 92: Failure to obey order or regulation on 6Aug97 by driving a government vehicle off base for personal use, violation of UCMJ Article 107: False official statements on 6Aug97, to wit: "I have to make an emergency medical run".
         Award: Forfeiture of $505 per month for 2 months, restriction for 60 days, reduction to SA. All punishments suspended for 6 months. No indication of appeal in the record.
971028:  Mental Health Clinic: Axis I: Cyclothymic disorder, r/o Attention Deficit - Hyperactivity Disorder (ADAD), Axis II: Borderline Personality Disorder, Axis III: Chronic sinusitis.

971104:  Vacate suspended forfeiture of $505 per month for 2 months, restriction for 60 days, reduction to SA awarded at NJP dated 3Sep97 due to continued misconduct.

971104:  NJP for violation of UCMJ, Article 91 (2 specs): Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer .
         Award: Verbal reprimand. No indication of appeal in the record.
971114:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to a pattern of misconduct and commission of serious offense as evidenced by all punishments under the UCMJ in your current enlistment and your service record.
971114:          Applicant advised of her 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

980123:  Chief of Naval Air Training authorized Commanding Officer, Training Squadron TWENTY-ONE to execute discharge.
980217:  Commanding officer separated applicant with a discharge of general (under 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 980206 general (under 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).

In response to applicant’s issue 1, the Board recognizes that serving in the Navy is very challenging to both the Sailor and his family members. Our country is fortunate to have men and women willing to endure the hardships and make the sacrifices required to serve their country. It must be noted that most Sailors serve honorably and well, and therefore, earn their honorable discharges. The applicant's service is accurately characterized as general (under honorable conditions). Relief is not warranted.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). The applicant must be aware that there is no law or regulation which 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 have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. 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 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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     


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