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NAVY | DRB | 2001_Navy | ND01-00825
Original file (ND01-00825.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND01-00825

Applicant’s Request
The application for discharge review, received 991104, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed New York State Division of Veterans Affairs as the representative on the DD Form 293. On April 18, 2001 your case, docket number ND00-00216, was closed without further action because our Board was unable to obtain your official military record. Based on documentation, provided by your representative on June 5, 2001, the case was reopened on the Board's Own Motion.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020130. 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, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Applicant marked the block "I have listed additional issues as an attachment to this application." on the DD Form 293. A letter was sent to the applicant and his representative on July 30, 2001 requesting said attachment. Nothing was received.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of a doctor's report dated February 26, 1999
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     920219 - 920913  COG

 Period of Service Under Review :
Date of Enlistment: 920914               Date of Discharge: 940609

 Length of Service (years, months, days):

         Active: 01 08 26
         Inactive: None

 Age at Entry: 18                          Years Contracted: Unknown

 Education Level: Unknown                  AFQT: Unknown

 Highest Rate: Unknown

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.60 (1)    Behavior: 2.00 (1)                OTA: 2.60

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

930910:  Applicant to unauthorized 0630-0852, 10Sep93 (2 hours and 22 minutes/surrendered).

940103:  NJP for violation of UCMJ, Article 121: Larceny on 19Nov93.
         Award: Forfeiture of $450 per month for 1 month, restriction and extra duty for 21 days. No indication of appeal in the record.
940203:  NJP for violation of UCMJ, Article 86 (8 specs): Unauthorized absence from appointed place of duty on or about 6Jan94 to 19Jan94.
         Award: Bread and water for 3 days. No indication of appeal in the record.
940213:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
940213:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
940228:  Applicant review statement of awareness and maintains the rights previously elected.
940609:  DD Form 214: Discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

Partial discharge package and official military record missing.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940609 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 introduced no issues for the Board’s consideration. The NDRB carefully reviewed the applicant’s service and medical records and found no impropriety or inequity in the discharge. Additionally, the Board considered the letter from the applicant’s doctor describing the applicant’s serious mental illness. While the applicant unfortunately suffers from a mental illness, the Board could find no evidence that this condition existed at the time of service and that the applicant was not responsible for his actions while on active duty. Relief is not warranted.

 The applicant remains 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 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. 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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