Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00765
Original file (ND99-00765.rtf) Auto-classification: Denied


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

ex-MSSA, USN
Docket No. ND99-00765

Applicant’s Request
The application for discharge review, received 990517, 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 000417. 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 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. My average conduct and efficiency ratings behavior marks were good or pretty good. I was always pretty good at my job and my military bearing was good.

2. I recieved awards from my promotions and I recieved decorations. I recieved awards for my promotions to seaman apprentice and seaman. I recieved decorations for National Defense, Navy Battle E and Sea Service deployment.

3. My record of promotions showed I was generally a good service member.

4. I was so closed to finishing my tour that it was unfair to give me a bad discharge. I only had one year left and some of my superiors did not encourage me or help me to hold on and finish my tour.

5. My record of AWOL/UA only minor or isolated offenses. I was marked UA twice, but the second time I had to stay out longer due to a car accident, but my command made the decision and I was court martialed, but my punishment was minor.

6. Personal problems impaired my ability to serve, because I was not getting respect for things I done and also I was taken advantage of, because I was young in rank.

7. Certain other problems impaired my ability to serve lack of training, language, atitudes and common courtesy impaired my ability to serve.

8. My discharge was based on many offenses but they were mostly minor offenses.
1) My discharge was based on UA status and court martial and medical recommendations and captain's mast, because my shipmates drove me too far. I also believe my division officer and some of my division staff had something to do with my discharge, because I was considered a threat to myself and the military, because of my atitude.

9. My enlistment option was not satisfied or waived, because I was never interviewed and no one brought the the option of changing my enlistment to my attention.

10. Othe reasons
1) I believe my discharge was forced on me, because I made a few wrong decisions and I was not properly counseled or evaluated about the decision.
2) I felt like I was set up and not properly screened, because I was classified a schizofrenic and unable to adapt to military life, but I made out pretty well until 1998 please reconsider and closely examine my records carefully or if needed please set up a private counseling session and evaluation to see if I am unfit to be in the military.



 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (Member 1 and 4)
Statement from applicant (see back of DD Form 293)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     950630 - 951126  COG

 Period of Service Under Review :
Date of Enlistment: 951127               Date of Discharge: 980206

 Length of Service (years, months, days):

         Active: 02 02 10
         Inactive: None

 Age at Entry: 24                          Years Contracted: 4

 Education Level: 12                        AFQT: 35

 Highest Rate: MSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                           Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, NER, SSDR

 Days of Unauthorized Absence: 65

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

970215:  Applicant to unauthorized absence 0600, 15Feb97.

 970219:  Applicant from unauthorized absence 1340, 19Feb97 (4 days/surrendered).
970707:  Applicant to unauthorized absence 0715, 7Jul97.

970709:  Applicant from unauthorized absence 1819, 9Jul97 (2 days/surrendered).

970718:  Applicant to unauthorized absence 0715, 18Jul97.

970818:  Applicant's missed ship's movement.

970819:  Applicant declared a deserter.

970915:  Applicant from unauthorized absence 0715, 15Sep97 (59 days/surrendered).
971030:  Psychiatric evaluation: Assessment/Plan: Axis I: None. Axis II: Personality disorder NOS with antisocial traits. Axis III: S/I partial amputation Right 3 rd digit. Will set up with psych eval when psychiatrist on board. Pt agreed not to harm self or to F/V if thoughts of harming himself _____. D/W LPO will work on improving communication skills between pt and peers, supervisors.
971129:  Confinement physical: Found fit for confinement.
971211:  Psychiatric evaluation: A: Schizotypal personality disorder R/O Psychosis. Rec: Further testing and evaluation when possible. Fitness/suitability for service is very tenuous.
980106:  Psychology Division: Diagnosis: Schizotypal Personality Disorder. Recommendations: Expeditious administrative separation is strongly recommended.
980113:  NJP for violation of UCMJ, Article 117: Provoking speech on 24Dec97, violation of UCMJ Article 128: Aggravated assault with a knife on 24Dec97.
         Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 30 days, reduction to MSSA. No indication of appeal in the record.
980121:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

Discharge package missing.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980206 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).

Regarding the applicant’s first three issues, the Board reviewed the applicant’s entire service record and found no evidence or mitigating circumstances to suggest that the applicant’s service outweighed his misconduct.

The Board disagreed with the applicant’s contention that it was unfair to discharge the applicant with a year left on his contract. The applicant committed a serious offense and should be held accountable for his actions. Relief is denied.

Concerning the applicant’s fifth and eighth issue, the Board reviewed the applicant’s record of misconduct. Over a period of less than one year, the applicant missed ship’s movement, was declared a deserter, and was found guilty of aggravated assault. For the applicant to contend that these incidents are minor or isolated is ludicrous. Relief is denied.

Responding to the applicant’s seventh, ninth, and tenth issue, the Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel there were impediments to his service, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.

 Also concerning the applicant’s tenth issue, a medical diagnosis, whether proper or improper is not an issue upon which the NDRB can grant relief. When reviewing a discharge, the NDRB does consider the extent to which a medical problem might effect an applicant’s performance and ability to conform to the military’s standards of conduct and discipline. The NDRB does not consider the circumstances surrounding the applicant’s stated condition to be of sufficient nature to exculpate the applicant’s misconduct. Relief is not warranted.


Pertinent Regulation/Law (at time of discharge)
 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until Present, Article 1910-142 [formerly 3630605]. SEPARATION 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     


Similar Decisions

  • NAVY | DRB | 2002_Navy | ND02-01027

    Original file (ND02-01027.rtf) Auto-classification: Denied

    ND02-01027 Applicant’s Request The application for discharge review, received 020715, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. 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): Inactive: USNR (DEP) 990730 - 991004 COG Active:...

  • NAVY | DRB | 2001_Navy | ND01-00634

    Original file (ND01-00634.rtf) Auto-classification: Denied

    I was punished while still in service for my unauthorized absence & feel my discharge should have been based on my psychological evaluations. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Eight pages from applicant's service record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 960412 - 960908 COG Period of...

  • NAVY | DRB | 2004_Navy | ND04-01307

    Original file (ND04-01307.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.

  • NAVY | DRB | 2002_Navy | ND02-01197

    Original file (ND02-01197.rtf) Auto-classification: Denied

    ND02-01197 Applicant’s Request The application for discharge review, received 020814, requested that the characterization of service on the discharge be changed to honorable. In 1997, I was discharged from the Navy with General (Under Honorable Conditions), due to misconduct! Evidence of continuing educational pursuits, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that...

  • NAVY | DRB | 2002_Navy | ND02-01216

    Original file (ND02-01216.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Character reference, dated August 12, 2002 Applicant's DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 970729 - 970812 COG Active: None Period of Service Under Review :Date of Enlistment: 970813 Date of Discharge: 990702 Length of Service (years, months, days):Active: 01 10...

  • NAVY | DRB | 2001_Navy | ND01-00396

    Original file (ND01-00396.rtf) Auto-classification: Denied

    ND01-00396 Applicant’s Request The application for discharge review, received 010212, 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:Copy of DD Form 214 Character reference dated June 23, 2000 Character reference dated April 29, 1999 Letter from Montclair State University dated December 10, 1999 Forty-three pages from...

  • NAVY | DRB | 2002_Navy | ND02-00363

    Original file (ND02-00363.rtf) Auto-classification: Denied

    ND02-00363 Applicant’s Request The application for discharge review, received 020131, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Sidney Police Department Record Check Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of...

  • NAVY | DRB | 2004_Navy | ND04-00710

    Original file (ND04-00710.rtf) Auto-classification: Denied

    980514: Applicant missed ship’s movement.981001: Applicant missed ship’s movement.981021 Applicant apprehended by civilian authorities at Miami, FL.981026: Applicant from unauthorized absence 2315, 981026 (228 days/apprehended).981027: Summary Court-Martial. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. At this time, the Applicant has not...

  • NAVY | DRB | 2003_Navy | ND03-01448

    Original file (ND03-01448.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable or entry-level separation or uncharacterized and the reason for the discharge be changed to “convenience of the government.” The Applicant requests a personal appearance hearing before the board in the Washington National Capital Region. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior...

  • NAVY | DRB | 2003_Navy | ND03-01389

    Original file (ND03-01389.rtf) Auto-classification: Denied

    ND03-01389 Applicant’s Request The application for discharge review was received on 20030820. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: None Active: None Period of Service Under Review :Date of Enlistment: 970418 Date of Discharge: 980624 Length of Service (years, months, days):Active: 01 02 07 Inactive: None