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NAVY | DRB | 2001_Navy | ND01-00172
Original file (ND01-00172.rtf) Auto-classification: Denied


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

ex-QM3, USN
Docket No. ND01-00172

Applicant’s Request
The application for discharge review, received 001121, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 010503. 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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. Enlisted year 1900 & eighty two. Attended boot camp Orlando Florida without incident. Completed seaman training and transferred to USS AMERICA CV-66 @ Norfolk Virg as E-2 assigned to boats mate/deck division. Worked hard to obtain master helmsman & learned navigation. Struck out deck div to quarter master spent next 3 yrs as quartermaster. Obtained petty officer 3 rd class, good conduct medal, sea service (2) battle "e" reenlist 9/12/85

2 nd assignment USS WASASH ADR-5 Long Beach Calif _____ echo navigation dept. WestPac x 2 upon beginning of 3 rd WestPac (wife) ex began having maniac depression with suicidal thoughts (1) attempted to jump off freeway overpass. Admitted to Long bch psych unit under 51/50, United States Navy @ this time offered general discharge which to my mind was not an answer with pending building medical bills. Request to stay on base/land to take care of child & wife. Navy denied 3 rd WestPac began. Stress began to build & I attempted suicide, to witch I will regret for rest of my life - Thank you

Applicant marked the block "I have listed additional issues as an attachment to this application. None were found.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (Member 1)
Copy of Honorable Discharge Certificate dated September 15, 1985

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USNR              820715 - 850915  HON
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 850916               Date of Discharge: 880714

 Length of Service (years, months, days):

         Active: 02 09 29
         Inactive: None

 Age at Entry: 23                          Years Contracted: 6

 Education Level: 11 GED           AFQT: 34

 Highest Rate: QM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.55 (4)    Behavior: 3.35 (4)                OTA: 3.55

Military Decorations: None

 Unit/Campaign/Service Awards: GCM, SSDR (2), BER

 Days of Unauthorized Absence: 31

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

880226:  Applicant admitted to psychiatry.

 880229:  Applicant admitted to Ward B with diagnosis: Adjustment disorder with suicidal gestures-mixed emotional features. Immature personality disorder.
880309:  Applicant medevac'd from the USS WABASH to admitted to USNH Subic Bay after a suicide attempt on 880225.
880315:  Applicant discharged with a diagnosis of personality disorder not otherwise specified with passive-aggressive, narcissistic, histrionic and dependent traits. Chronic, moderate in severity, treated, not improved. EPTS.
880321:  Applicant to unauthorized absence 0700, 21Mar88.

 880421:  Applicant from unauthorized absence 1425, 21Apr88 (31 days/surrendered).
880525:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $500 per month for 1 month, restriction and extra duty for 30 days. No indication of appeal in the record.

880614:  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 due to a diagnosed personality disorder.
880614:          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.
880616:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and convenience of the government due to a diagnosed personality disorder.

880704:  CNMPC 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 880714 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).

 The applicant’s issues states a chronology of the applicant’s service. The Board found these issues non decisional. Relief is not warranted.
The NDRB is authorized to consider post-service factors in the re characterization of a discharge. 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 failed to provide any post service documentation for the Board’s consideration.

The applicant 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 15560A), effective 15 Jun 87 until
10 Jan 89, Article 3630600, SEPARATION OF ENLISTED MEMBERS 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 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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