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NAVY | DRB | 2001_Navy | ND01-00551
Original file (ND01-00551.rtf) Auto-classification: Denied


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

ex-RMSN, USN
Docket No. ND01-00551

Applicant’s Request
The application for discharge review, received 010320, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to change RE Code. The applicant requested a personal appearance discharge review before a traveling panel closest to Baltimore, MD. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, she was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area. The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010928. 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)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. Marital problems, childcare problems.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of judgment of divorce dated October 7, 1999
Copy of applicant's DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               880322 - 940210  HON
         Inactive: USNR (DEP)     880317 - 880321  COG

 Period of Service Under Review :
Date of Enlistment: 940211               Date of Discharge: 960621

 Length of Service (years, months, days):

         Active: 02 04 11
         Inactive: None

 Age at Entry: 24                          Years Contracted: 4

 Education Level: 12                        AFQT: Unreadable

 Highest Rate: RM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (4)    Behavior: 4.00 (4)                OTA: 3.95        4.0 evals
 Performance: 2.00 (2)    Behavior: 1.00 (2)                OTA: 1.50        5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: OSM (2), NDSM, MUC, GCM

 Days of Unauthorized Absence: 36

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

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

 Chronological Listing of Significant Service Events :

950719:  Counseling: Advised of deficiency (responsibilities), notified of corrective actions and assistance available.

950822:  Counseling: Advised of deficiency (personal behavior), notified of corrective actions and assistance available.

960129:  Counseling: Advised of deficiency (responsibilities), notified of corrective actions and assistance available.

960214:  Counseling: Advised of deficiency (performance and responsibilities), notified of corrective actions and assistance available.

960222:  Counseling: Advised of deficiency (scheduled to see CO at 1430 on Friday, 23Feb96 as requested in your special request chit dated 21Feb96. You will report to the CO's secretary's office NLT 1415 on 23 February in the uniform of the day (not dungarees) for your appointment.), notified of corrective actions and assistance available.

960301:  Counseling: Advised of deficiency (performance and responsibilities), notified of corrective actions and assistance available.

960301:  Counseling: Advised of deficiency (responsibilities), notified of corrective actions and assistance available.

960308:  Counseling: Advised of deficiency (performance and responsibilities), notified of corrective actions and assistance available.

960319:  NJP for violation of UCMJ, Article 86 (7 specs):
 Specification 1: Unauthorized absence from 0536-0810, 29Feb96.
Specification 2: Unauthorized absence on1700, 29Feb96.
Specification 3: Go from appointed place of duty on 0515-0530, 1Mar96.
Specification 4: Unauthorized absence on 0536-0825, 1Mar96.
Specification 5: Unauthorized absence on 0536-0814, 8Mar96.
Specification 6: Unauthorized absence from 0536, 9Mar96 to 1310, 15Mar96 (6 days/surrendered).
Specification 7: Unauthorized absence from 0536, 16Mar96 to 0730, 19Mar96 (3 days/surrendered).
          Award: Forfeiture of $100 per month for 1 month, reduction to RM3. No indication of appeal in the record.
960322:  Retention Warning from Naval Computer and Telecommunications Area Master Station LANT: Advised of deficiency (Unauthorized absence as evidenced by nonjudicial punishment on 19Mar96.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

        
960419:  Psychiatric evaluation: Diagnostic Impression: Axis I: Partner relational problem, occupational problem. Axis II: Narcissistic and Histrionic features. Axis III: Headaches, sore wrist, stomach aches. Disposition: Applicant returned to full duty, medically and psychiatrically fit for same.
960502:  NJP for violation of UCMJ, Article 86 (3 specs):
 Specification 1: Unauthorized absence from 0730, 20Mar96 to 0915, 12Apr96 (23 days/surrendered).
Specification 2: Unauthorized absence from 22Apr965 to 25Apr96 (3 days).
Specification 3: Unauthorized absence from 0900, 29Apr96 to 0830, 30Apr96 (23 hours and 30 minutes).
         Award: Forfeiture of $100 per month for 1 month, reduction to RMSN. Reduction suspended for 6 months. No indication of appeal in the record.
960503:  Applicant on unauthorized absence 0715-0754, 3May96.

 960507:  Vacate reduction to RMSN awarded at CO's NJP dated 2May96 due to a subsequent violation of Article 86 on 3May96.
960509:  Naval Computer and Telecommunications Area Master Station LANT, Norfolk, VA notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by punishment imposed at nonjudicial punishment held on 19 March 1996 and 2 May 1996 for a total of ten violations of the Uniform Code of Military Justice (UCMJ).
960605:  Applicant advised of her rights and having consulted 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.
960718:  Commanding officer directed discharge general (under honorable conditions) by reason of misconduct due to a pattern of misconduct. Commanding officer’s comments (verbatim): In December 1995, RMSN (applicant) approached YNCS(SW) C_ and advised her that her husband was going to relocate to New Jersey in January 1996 to seek employment. She asked YNCS(SW) C_ how she could get out of her enlisted contract so she and their children could join her husband in New Jersey. YNCS(SW) C_ advised her she did not meet the criteria for separation by reason of parenthood because she was not a single parent nor by reason of hardship because her husband's relocation was not a mandatory reassignment by an employer but rather a personal choice they mutually agreed to. When RMSN (applicant) informed her chain of command that she was experiencing child care problems, they took immediate action to assist her with obtaining adequate child care. However, none of the many solutions suggested were acceptable to RMSN (applicant). When RMSN (applicant) realized she was not going to be discharged by reasons of hardship or parenthood, she resorted to making a suicidal ideation and was hospitalized at Naval Medical Center, Portsmouth. It was later revealed that the suicidal ideation was another attempt to be discharged. Even though I did empathize with RMSN (applicant's) concerns, I could not overlook the burden she continually placed on her fellow watchstanders because she refused to report to work in a timely manner. Since January 1996, an enormous amount of time has been spent in an effort to assist RMSN (applicant); she has refused all advice and offers. RMSN (applicant's) unauthorized absences were avoidable had she applied any personal effort toward resolving her child care problems. Her behavior and attitude were consistently unacceptable and clearly warranted separation by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 960621 general (under 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 the applicant’s issue 1, the Board found nothing in the records, nor did the applicant provide anything to indicate or to show that there exists an error of fact, law, procedure, or discretion associated with her discharge at the time of its issuance, and that her rights were prejudiced thereby. Furthermore, there has been no change in policy by the Navy, or higher authority, made expressly retroactive to the type of discharge received by the applicant.

The following is provided for the applicant’s edification. 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 provided a judgement of divorce as documentation of her 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 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. She 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. Relief denied.

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 – 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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