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NAVY | DRB | 1999_Navy | ND99-00851
Original file (ND99-00851.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
ex-AR, USNR
Docket No. ND99-00851

Applicant’s Request
The application for discharge review, received 990608, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Family Hardship. 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 000317. 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 3630600.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I request my discharge character of service be changed to an honorable discharge due to my medical records which states I had a family hardship and was recommended for an administrative discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant
Letter from applicant's father
Letter from applicant's mother
Copies from medical record (3pgs)
Copy of DD Form 214.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     940110 - 940119  COG

 Period of Service Under Review :
Date of Enlistment: 940120               Date of Discharge: 941223

 Length of Service (years, months, days):

         Active: 00 08 17
         Inactive: None

 Age at Entry: 19                          Years Contracted: 8

Education Level: 12                        AFQT: 35

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (1)    Behavior: 2.80 (1)                OTA: 2.80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 77

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

940613:  Medical evaluation indicates applicant was evaluated by Psychiatrist who diagnosed a long standing disorder of character and behavior or such severity as to interfere with him serving adequately in the navy and recommended him for a routine administrative separation. Subsequently, applicant was given a page 13 warning on 940615.

940615:  Retention Warning: Advised of deficiency (However, you have been diagnosed by competent medical authority as having a personality disorder causing your inability to withstand military conditions and to provide productive military service. Should it continue, it will result in the initiation of administrative processing for convenience of the government), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

940818:  Applicant declared a deserter. Applicant AWOL since 940718 and missed ship’s movement on 940719.
941028:  Report of Return of Deserter. Applicant surrendered to military authorities 941002, 2300 at USS T ROOSEVELT (CVN-71) at Norfolk, VA. Returned to military control 2300, 941002. Retained onboard for disciplinary action.

941116:  Summary Court-Martial for violation of UCMJ, Article 86: UA from unit 940718 to 941002 (77days/S), violation of UCMJ Article 87: Missing ship's movement by design on 940719.
         Sent: Confinement for 20 days, forfeiture of $466.00 per month for 1 month, restriction for 20 days, reduction to E-1.
         CA 941126: Approved and ordered executed.
941130:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and convenience of the government on the basis of personality disorder.
941130:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
941202:  Released from confinement having served 17 days of sentenced adjudged on 940415. Given 3 days credit for good behavior.

941204:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and by reason of convenience of the government on the basis of personality disorder.

941209:  BUPERS 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 941223 under other than honorable conditions for misconduct due to commission of a serious offense (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

In response to applicant’s issue 1, the Board found that a medical diagnosis 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.

 The applicant requested that the reason for his discharge be changed to “family hardship”. The NDRB, under its responsibility to examine the propriety and equity of a discharge, will change the reason for discharge if such a change is warranted. The service record clearly documents the serious offense which resulted in the applicant’s discharge. No other Narrative Reason for Separation could more clearly describe why the applicant was discharged. To change the Narrative Reason for Separation would be inappropriate.

 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 he 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 9, effective
22 Jul 94 until 02 Oct 96, 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 86, for unauthorized absence for a period in excess of 30 days, if adjudged at a Special or General Court-Martial.
C. 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.

D. 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.

E. 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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