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NAVY | DRB | 1999_Navy | ND99-01126
Original file (ND99-01126.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND99-01126

Applicant’s Request
The application for discharge review, received 990824, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing before the board in the Washington National Capital Region. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000512. 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 strongly feel my discharged should be changed to honorable. During my time in active duty I was a model sailor and received a letter of recognition as well as being in the top 10% of my class and participating in the drill team. I also while 120 days of mess cranking took on board college courses in the evening. Once our ship returned from a six month deployment the racial tensions in my shop (Canvass Shop R-5) grew unbearable and at the same time my abusive home life became unbearable. I tried to talk to the on board priest to figure out a solution but it did not work. I was also not the only one who has talked to the priest regarding racial tension in my shop. I finally broke down and wound up at the Medical Ward with Lt S_. After his review of me he recommended several times including on the discharge papers that I receive Expeditious Administrative separation. I agreed to this and did not find out I actually received other than honorable conditions until I received the official discharge papers in the mail. I would like to update my discharge to Honorable in order to receive the money back that I have put into the GI Bill for college. Thank you for your time.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Letter of Recognition
Copy of Certificate of Appointment
Twelve pages from medical record
Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     940111 - 940410  COG

 Period of Service Under Review :
Date of Enlistment: 940411               Date of Discharge: 960111

 Length of Service (years, months, days):

         Active: 01 09 01
         Inactive: None

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: Unknown

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (1)    Behavior: 3.40 (1)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 25

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 :

951104:  Applicant to unauthorized absence 0730, 4Nov95.

951129:  Applicant apprehended by civil authorities, 1238, 29Nov95 and returned to military control 1400, 29Nov95. (25 days/apprehended).

951129:  Admitted to Portsmouth Naval Medical Center Psychiatry Unit after returning to her ship from UA, and being extremely combative.

951205:  Discharged to full duty with recommendation to administratively separate. Diagnosis: Axis I Alcohol Dependence; Axis II Personality Disorder NOS with Antisocial and Narcissistic Features.

951207:  NJP for violation of UCMJ, Article 86 (3 specs): Unauthorized absence, violation of UCMJ Article 91 (5 specs): (1) Assault to a senior chief petty officer, (2) Disrespectful in language toward a senior petty officer, (3) Disrespectful in language toward a chief petty officer, (4) Disrespectful in language toward a First Class Petty Officer, (5) Disrespectful in language toward a second class petty officer.
         Award: Forfeiture of $427 per month for 2 months, restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.
951207:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of convenience of the government due to personality disorder and misconduct due to the commission of a serious offense. [Extracted from CO's message dated 13Dec95.]
951207:          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. [Extracted from CO's message dated 13Dec95.]
951213:  Commanding officer recommended discharge under other than honorable conditions by reason of convenience of the government due to personality disorder and misconduct due to the commission of a serious offense. Commanding officer’s comments (verbatim): SR (applicant) has no regard for the Navy. She was apprehended during a period of UA. She assaulted the Master-At-Arms when turned over to the ship by shore patrol. She has no respect for authority and is unwilling and incapable of following rules and regulations. I recommend she be separated with an other than honorable discharge.

951221:  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 960111 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 the applicant’s issue 1, although the applicant may feel that she served honorably and was a “model sailor,” the Board found that the applicant’s service is accurately characterized as having been performed under other than honorable conditions. The applicant was in an unauthorized absence from her duties for 25 days until the time she was apprehended. The applicant was then brought to NJP for several specifications of assault and disrespect. Relief is not warranted.

The applicant was briefed on the Veterans’ Educational Assistance Act of 1984 (G.I. BILL). Specifically, she was briefed that an Honorable discharge after completion of 36 months on active duty would be required for entitlement to benefits under the G.I. BILL.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided ample documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with her pursuits and is reminded that she is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

 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 [e.g., 91, assault of superior noncommissioned officer; disrespect of superior noncommissioned officer] 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, D.C. 20374-5023     


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