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NAVY | DRB | 2001_Navy | ND01-00250
Original file (ND01-00250.rtf) Auto-classification: Denied


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

ex-ETSN, USN
Docket No. ND01-00250

Applicant’s Request
The application for discharge review, received 001228, requested that the characterization of service on the discharge be changed to Honorable. The applicant requested a documentary record discharge review. The applicant listed the CT Veteran's Affairs as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010615. 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I wish for the Board to consider my post service conduct as reason to upgrade my discharge.

It is a matter of personal satisfaction that I get my discharge upgraded.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Character reference dated December 10, 2000
Character reference dated December 18, 2000
Letter of recommendation dated December 21, 2000
Twenty-two pages from applicant's service record
Letter from representative dated December 22, 2000
Character reference dated February 16, 2001
Copy of transcript request
College transcript dated February 8, 2001
Character reference dated February 14, 2001
Character reference undated
Character reference dated February 16, 2001
College transcript dated February 13, 2001
Copy of Associate in Science degree dated May 1996
Copy of Associate in Science degree dated May 1990
Copy of Microcomputer Networking Specialist certificate dated June 5, 1999
Copy of transfer credit evaluation dated June 17, 2000
Copy of police record check dated February 8, 2001
Copy of applicant's resume
Copy of appreciation award dated May 12, 1999
Copy of college transcript
Copy of certificate of excellence
Copy of A+ Certification dated July 27, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     900719 - 901029  COG

 Period of Service Under Review :
Date of Enlistment: 901030               Date of Discharge: 931008

 Length of Service (years, months, days):

         Active: 02 11 09
         Inactive: None

 Age at Entry: 27                          Years Contracted: 4

 Education Level: 14                        AFQT: 81

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.27 (3)    Behavior: 3.07 (3)                OTA: 3.07

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

910521:  Psychiatric evaluation: Diagnoses: Axis I: (1) Adjustment disorder with mixed emotional features, (2) Rule out cyclothymia (hypomanic), (3) Rule out paranoid disorder. Axis II: Rule out personality disorder (avoidant, schizotypal).

920623:  Psychologist evaluation: A: Probable personality disorder NOS (paranoid and other traits).

920701:  Retention Warning: Advised of deficiency (Performance remains satisfactory, maintain all technical qualifications required by my station, my rating and any assigned NECs.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
921023:  Letter of history of conduct from Maintenance Officer to Executive Officer. Stated counseling sheets summarizing statements disappeared from PO's Division Officer's notebook. Complete letter found in service record.

 921112:  Retention Warning: Advised of deficiency (Personality disorder manifested by aggressive behavior, conflicts with other personnel, and inability to get along with others, controlling your temper, and accepting responsibility for your own actions and behavior.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
921202:  Psychiatric evaluation: Dx: Paranoid personality disorder.

930512:  Alcohol/Drug Dependency Evaluation: Assessment: physically/psychologically dependent. Alcohol abuse. Recommendation: CAAC Level II or III. Psychiatric consultation.

930524:  Psychologist eval: Impression: Axis I: Alcohol abuse, severe, psychological dependency too. Axis II: Personality disorder and salient features of paranoid ideation.

930526:  NJP for violation of UCMJ, Article 117: Provoking speeches or gestures on 2259, 15Apr93; violation of UCMJ, Article 134 (2 specs): (1) Assault on 2259, 15Apr93, (2) Drunk and disorderly on 2259, 15Apr93.
         Award: Admonition, restriction for 60 days, reduction to ETSN. No indication of appeal in the record.
930527:  Psychologist's Note: Dx: paranoid personality disorder. Disposition: RTC (restriction). Psychologically unfit for continued military service.
930622:  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 personality disorder.
930623:          Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board.
930722:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed a serious offense and has a personality disorder, that the misconduct warranted separation, and recommended discharge General (under Honorable conditions).

930806:  Commanding officer recommended discharge General (under Honorable conditions) by reason of misconduct due to the Commission of a serious offense and Convenience of the government due to personality disorder.

930817:  BUPERS directed the applicant's discharge General (under 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 931008 General (under 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).

Issue 1. The applicant states he wishes the Board to consider his post-service accomplishments as a reason to upgrade his discharge. The Board did consider the applicant’s post-service accomplishments and determined he has made significant strides in becoming a productive member of society. However, his misconduct during the period of service in question was accurately characterized by the type discharge he received and determined to be proper and equitable. The applicant’s post-service conduct, although impressive, does not mitigate his behavior, nor require the Board to upgrade his discharge. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective
05 Mar 93 until 21 Jul 94, 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 134 (Assault), 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 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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