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NAVY | DRB | 2001_Navy | ND01-00881
Original file (ND01-00881.rtf) Auto-classification: Denied


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

ex-RA, USNR
Docket No. ND01-00881

Applicant’s Request
The application for discharge review, received 010625, 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 020110. 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. I would like first state that allot of things have changed. In my life since I left the Navy. I was 19 yrs on ship full of men that treated me like nothing. I know now that allot of that just because I was young and a woman. My S Chief C_ made allot remarks regarding my sexuality. In my file at the captain mast and hang me out to dry, and so did the other ladies. My senior chief didn't tell the whole truth. He left me to run the sick bay while he got married, then he gave unsatisfactory marks on my evaluation. No one listen to me about what was going on at that time. I am now going to nursing and got some counseling regarding my experience in the Navy. I don't think that the Navy was bad just being young going on a ship full of men that didn't want women there. I paid for the GI benefits and I can't get them because of my discharge. I know now that allot of thing could have been different, but they were not. I also wanted to talk to some about posttraumatic disorder, in Houston. I don't get any help from the VA because of my discharge. I really would like your help. My Senior Chief took me to Captain's Mast regarding some instructions he gave me that were wrong. Every time he supposedly wrote me up. I only Signed one. His testimony was false-If you need any other information please contact me.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 910307               Date of Discharge: 921013

 Length of Service (years, months, days):

         Active: 01 07 02
         Inactive: 00 00 05

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 50

 Highest Rate: HA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

920306:  Retention Warning: Advised of deficiency (Disobeying a lawful order), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.


920406:  Counseling: Advised of deficiency (Written formal: for unauthorized absence from working space and failure to obey a direct order to report to medical department 0700), notified of corrective actions and assistance available.

920420:  Counseling: Advised of deficiency (Leaving medical department and medical store rooms unlocked overnight), notified of corrective actions and assistance available.

920607:  Counseling: Advised of deficiency (Disobedience of lawful order from senior petty officer), notified of corrective actions and assistance available. [Applicant refused to sign].

920608:  Medical evaluation: Diagnoses: Adjustment disorder with mixed emotional features and traits of histrionic, narcissistic, perhaps passive aggressive. P: Assertiveness training, biofeed back, stress management workshop. F/U with me in 1 week. Also lim-du board. D/W Dr. I_.

920622:  Medical evaluation: Diagnosis: Personality disorder with borderline and narcissistic features.

920701:  NJP for violation of UCMJ, Article 91 (2 specs): (1) Willfully disobey a lawful order from HMCS on 1145, 8Jun92, (2) Willfully disobey a lawful order from Emergency Room Medical Officer on 1800, 7Jun92.
         Award: Restriction and extra duty for 30 days. No indication of appeal in the record.
920724:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of convenience of the government and misconduct due to the commission of a serious offense.
920812:  Applicant advised of her rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
920820:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had a personality disorder and had committed a serious offense, that the misconduct warranted separation, and by a vote of 2 to 1 recommended discharge under other than honorable conditions. Dissenting members comments can be found on microfiche.

920910:  Commanding officer recommended discharge under other than honorable conditions by reason convenience of the government and misconduct due to the commission of a serious offense.

921001:  BUPERS 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 921013 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).

Issue 1. The Board found no evidence that the applicant’s command treated her unfairly. An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had a personality disorder and had committed a serious offense, that the misconduct warranted separation, and by a vote of 2 to 1 recommended discharge under other than honorable conditions. The Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

 Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of her not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to her discharge. She is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. 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), effective 15 Aug 91 until
04 Mar 93, 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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