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NAVY | DRB | 2000_Navy | ND00-00059
Original file (ND00-00059.rtf) Auto-classification: Denied


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

ex-AMHAA, USN
Docket No. ND00-00059

Applicant’s Request
The application for discharge review, received 991007, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed to medical. The applicant requested a documentary record discharge review. The applicant designated the American Legion as the representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) has no authority to change a discharge reason to Medical.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000616. 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/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. (Equity Issue) This former member opines that a seizure disorder, diagnosed subsequent to service, impaired his ability to serve and sufficiently mitigated his misconduct of record to warrant recharacterization of his service period to General (Under Honorable Conditions).

2. (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174c., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
American Legion's ltr of 13 Mar 2000 to Applicant's Mother
Applicant's Mother's ltr to American Legion dtd 4-5-00
Applicant's mother's ltr dated 9-4-99
Copy of DD Form 214 (3 copies)
Applicant's mother's request for military record dated Jul 20, 1999
Veteran's Application for Compensation or Pension (14 pages) dated 7-20-99
Applicant's second application (DD293) to NDRB received 2-14-00

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     960813 - 970303  COG

 Period of Service Under Review :
Date of Enlistment: 970304               Date of Discharge: 980701

 Length of Service (years, months, days):

         Active: 01 03 28
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: GED              AFQT: 66

 Highest Rate: AMHAA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, M-16a1 Marksman

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

980106:  23 year old male referred by command for evaluation after several instances of bad conduct result in Mast and restriction. Pt states he desires to stay in the Navy and relates no significant psychosocial stressors at present. No suicidal/homicidal ideations. Please evaluate and advise regarding suitability for Navy service. Provisional Diagnoses: Occupational problems.

980106:  Medical Consultation: Pt no show for appointment, requesting command be notified.
980312:  Medical consult: 23 year old male presented for evaluation of cut on bridge of nose. Pt states he walked into the back of a jet. Pt denies loss of consciousness, and noted minimal bleeding. Complained of slight headache. Small laceration approx. ¼ inch length bridge of nose. Bleeding stopped. No physical evidence of fractured nasal bones. Would cleaned and dressed. No sutures were placed.
980609:  Separation Exam: Applicant indicated that he saw psychiatrist on base for depression and sleepwalking. Medical officer noted the following: allergic rhintitis symptoms, bleeding with tooth extraction, laceration to bridge of nose, claims somnambulism - no witness, indigestion symptoms, gastroenteritis. All conditions improved or resolved.

 [ADMIN DISCHARGE PACKAGE NOT CONTAINED IN SERVICE RECORD AND UNABLE TO OBTAIN FROM APPLICANT OR PREVIOUS COMMAND.]

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 980701 under other than 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 found, after having a qualified medical doctor review the applicant’s record, that there is no evidence to support the claim that a seizure disorder impaired the applicant’s ability to serve. There is no reason to warrant recharacterization concerning this issue.

 The applicant’s representative submitted the following as issue 2: (EQUITY ISSUE) This former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (B, Part IV). However, 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, is considered. The applicant did not provide any letters of recommendation from an employer or any other source as documentation of his post-service. The applicant's efforts need to be more encompassing than those provided. The applicant should have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service and certification of non-involvement with civil authorities in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. He is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Relief denied.

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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.

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
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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