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NAVY | DRB | 2001_Navy | ND01-00066
Original file (ND01-00066.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND01-00066

Applicant’s Request
The application for discharge review, received 001017, 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. Subsequent to the application, the applicant requested a personal appearance hearing and obtained representation by the Disabled American Veterans.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 020319. After a thorough review of the records, supporting documents, testimony, facts, and circumstances unique to this case, the NDRB discerned there was no impropriety or inequity in the characterization of the applicant’s service at the time of discharge. However, after consideration the applicant’s positive post service, volunteer work in addition to all other documents and testimony provided, the Board determined partial relief was warranted. The Board’s vote was four to one that the character of the discharge shall change and the reason for discharge shall remain the same. The discharge shall change to: UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (Verbatim)

1. Upgrade of Under Other Than Honorable Discharge to Honorable on basis of equitable relief.

2. Upgrade of Under Other Than Honorable Discharge to General, Under Honorable Conditions on basis of equitable relief. Applicant contends that due to her heavy speech in service there were communication problems with those in charge, leading to the NJP’s (Articles 91 and 92). No steps were taken by the Chain of Command to assist her to overcome.

3. Post-service considerations of evidence submitted at the hearing noting her accomplishments and community activities.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character reference dated September 7, 2000
Character reference dated August 30, 2000
Character reference dated August 14, 2000
Character reference dated August 30, 2000
Character reference dated August 10, 2000
Character reference undated
Character reference undated
Character reference dated August 8, 2000
Character reference dated July 30, 2000
Character reference dated August 28, 2000
Character reference dated August 2, 2000
Character reference dated August 26, 2000
Character reference dated August 15, 2000
Character reference dated August 15, 2000
Character reference dated August 16, 2000
Character reference dated August 10, 2000
Character reference dated August 10, 2000
Character reference dated August 14, 2000
Character reference dated August 14, 2000
Character reference dated August 24, 2000
Character reference dated August 3, 2000
Character reference undated
Character reference dated July 26, 2000
Character reference dated August 3, 2000
Character reference dated August 7, 2000
Character reference dated August 12, 2000
Character reference dated July 31, 2000
Character reference dated July 28, 2000
Character reference dated July 27, 2000
Character reference dated August 17, 2000
Character reference undated
Character reference undated
Character reference dated August 23, 2000
Character reference dated August 23, 2000
Copy of news letter dated May 22, 2000
Letter from principal of Joseph Sibilly Elementary School, undated
Copy of Valuable Volunteer Award dated June 13, 1997
Copy of Valuable Volunteer award dated June 19, 1998
Copy of Certificate of Participation dated June 29, 1997
Letter from Legislature of the Virgin Islands dated June 4, 1997
Copy of Certificate of Ceremony dated June 29, 1997
Why I Am Special article about the applicant, by the applicant
Character reference dated July 30, 2000
Copy of list of Certificate of Appreciation
Copy of DD Form 214
Captain’s Trophy Award of Excellence dtd 850716
Engineering Award of Excellence dtd 850718
Hard Charger of the Week Award dtd 840914
University of the Virgin Islands Professor C. B. D_ letter of reference 000404
Virgin Islands Resource Center for the Disabled, Inc letter of reference dtd 020307
Certificate of Completion from Virgin Islands Resource Center for the Disabled, Inc.’s dtd 011120
Volunteer reference from local school
Joseph Sibilly Elementary School letter of thanks
Certificate of thanks dtd 001212 for “Read in 2000”
         

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     820923 - 830310  COG

 Period of Service Under Review :
Date of Enlistment: 830311               Date of Discharge: 851205

 Length of Service (years, months, days):

         Active: 02 08 25
         Inactive: None

 Age at Entry: 17 Parental Consent                Years Contracted: 4

 Education Level: 12                        AFQT: 54

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (2)    Behavior: 2.40 (2)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

850419:  NJP for violation of UCMJ, Article 92: Failure to obey order or regulation on 28Mar85.
         Award: Forfeiture of $100 per month for 1 month. No indication of appeal in the record.
850503:  NJP for violation of UCMJ, Article 91: Willful disobedience of a petty officer on 1May85, violation of UCMJ, Article 92: Dereliction in the performance of duties on 2May85.
         Award: Forfeiture of $100 per month for 1 month, extra duty for 30 days, reduction to FA. Reduction suspended for 6 months. No indication of appeal in the record.
850507:  Retention Warning from Naval Ocean Systems Center, San Diego, CA: Advised of deficiency (Failure to obey lawful order and regulations. Disrespect to seniors. Insubordinate behavior.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

851101:  Vacate suspended reduction to FA awarded at CO's NJP of 3May85 due to continued misconduct.
851101:  NJP for violation of UCMJ, Article 91: Insubordinate conduct toward warrant officer on 21Oct85, violation of UCMJ, Article 92: Failure to obey an order on 22Oct85.
         Award: Reduction to FR. No indication of appeal in the record.
851104:  Naval Ocean Systems Center, San Diego, CA notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct- pattern – frequent involvement of a discreditable nature with civil or military authorities as evidenced by 3 nonjudicial punishments of 19 April 1985, 3 May 1985, and 1 November 1985, and misconduct due to commission of a serious offense as evidenced by violation of Articles 91 and 92.
851104:  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.
851112:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct – pattern - frequent involvement of a discreditable nature with civil or military authorities and misconduct due to commission of a serious offense.

851125:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct - pattern – frequent involvement of a discreditable nature with civil or military authorities.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 851205 under other than honorable conditions for misconduct, pattern frequent involvement of a discreditable nature with civil or military authorities (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, testimony, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D) at the time of issue. However, the applicant’s post service accomplishments and good citizenship were of such magnitude that the Board determined partial relief was warranted.

 Issues 1 and 2. The applicant requested an upgrade based on equity and stated that her discharge was unfair due to communication problems that existed between her and her chain of command. The applicant did not provide any evidence to support this issue. There is nothing in the applicant’s official record that shows that she was not able to understand the orders given to her or that the command did not understand her speech. The Board determined the discharge was proper and equitable based on these issues. Relief is not warranted.

Issue 3. The Board found after considering the applicant’s substantial volunteer community service and citizenship that partial relief is warranted. The discharge Board’s vote was unanimous that a fully Honorable discharge is not warranted due to the applicant’s misconduct while on active duty. However, the Board voted four to one that relief in the recharacterization of the discharge to Under Honorable Conditions (General) is warranted. Partial relief is granted.
Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560, Change 10/84, effective
17 Sep 84 until 15 Dec 85), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT – A 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 “ afls10.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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