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NAVY | DRB | 2001_Navy | ND01-00892
Original file (ND01-00892.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND01-00892

Applicant’s Request
The application for discharge review, received 010703, 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. When I joined the navy in 1990, I was promised that I would get on the job training for any job I wanted! I went ahead with it and got sent to my ship need less to say, I got stuck with the boatswain mates and the deck deportment. I never had a chance to even try with another job! Anyways --- I was 18 years old and thought I knew it all. Now that I am older and have two children, I am in regrets of my past. I am trying to get a house and a job with the Post Office and with this on my record, I regret it every day! Is there any chance I can upgrade this mistake I made over 10 years ago when I was 18? Please!

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: USN                        None
         Inactive: USNR (DEP)     None

 Period of Service Under Review :
Date of Enlistment: 900927               Date of Discharge: 911127

 Length of Service (years, months, days):

         Active: 00 11 16
         Inactive: 00 00 19

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 53

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA : 3.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASMwb*

Days of Unauthorized Absence: 56

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 :

901016:  Ordered to active duty for 24 months under the Seaman Apprenticeship Program.

910805:  UA 0615 910805 to 0600, 910807 (2days/S).

910915:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 910915 having been an unauthorized absentee since 1430, 910816 from USS AMERICA (CV-66).

911011:  Report of Return of Deserter. Applicant apprehended by civil authorities on 911010 (2050) at Elizabeth City, NC. Returned to military control 911010 (2010). Orig retained custody of SNM until transfer to TPU NORVA FFT USS AMERICA FORDU.
911016:  Applicant diagnosed with personality disorder NOS with immature, borderline traits, severe EPTE. The psychiatrist recommended separation based on a personality disorder of such severity as to render the applicant incapable of serving adequately in the naval service. Applicant was considered self-destructive and a continuing risk of harm to self or others.

911026:  Summary Court-Martial for violation of the UCMJ, Article 86: UA from 910816 to 911010 [54days/A]; Article 87: Missed ship's movement through design on 910821.
         Sentence: Confinement for 30 days, forfeiture of $501.00, reduced to E-1.
         CA action 9110172: Sentence approved and ordered executed.
911028:  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 as evidenced by your summary court-martial of 911026 and psychiatric evaluation of 911016.
911029:          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.
911115:  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 personality disorder.

911120:  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 911127 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 has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue. The Board’s charter limits its review to a determination on the propriety and equity of the discharge. In the applicant’s case the Board could discern no impropriety or inequity and therefore considered the applicant’s discharge was proper and equitable.

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. 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. 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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