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NAVY | DRB | 2002_Navy | ND02-00960
Original file (ND02-00960.rtf) Auto-classification: Denied


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

ex-FA, USNR
Docket No. ND02-00960

Applicant’s Request
The application for discharge review, received 020624, requested that the characterization of service on the discharge be changed to honorable or 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 030214. 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 - Pattern of Misconduct, authority: NAVMILPERSMAN, Article 3630600.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.       My start in the Navy was great making E-3 within a year. Going to war in the Persian Gulf I was not prepared for every time we went to sea their was a fear of sinking. I told my Lead P.O. was sent to Naval Hosp in Portsmouth V.A. The Doctor Diagnosed me with Anti Social Personally Disorder. My only offence was UA. Some were unjustified as we were out to sea. I have made a mistake and have paid for it for twelve years. I have nothing my Health is Rapidly Deteriorating. I would Respectfully Request an up grade so I can complete my credits for school in obtaining my AA. I paid twelve hundred please help me with school.

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):
         Inactive: NONE  
         Active: NONE

 Period of Service Under Review :
Date of Enlistment: 900914                Date of Discharge: 920715

 Length of Service (years, months, days):

         Active: 01 05 00
         Inactive: 00 01 17

 Age at Entry: 18                          Years Contracted: 8

Education Level: 12                        AFQT: 36

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (2)     Behavior: 3.0 (2)                 OTA: 3.0

 Military Decorations: None

 Unit/Campaign/Service Awards: JMUC, NBE, SWAS, SSD, NUC, KLM

 Days of Unauthorized Absence: 79

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

901031   Ordered to active duty in the Fireman Apprenticeship program.

911103:  Unauthorized absence from USS THEODORE ROOSEVELT.

911125:  Surrendered on board USS THEODORE ROOSEVELT. (23 days)

911213:  Unauthorized absence from USS THEODORE ROOSEVELT.

911216:  Surrendered on board USS THEODORE ROOSEVELT. (3 days)

920110   Civil Conviction: General District Court Traffic Division Civic Center, Portsmouth, VA, for violation of (1) reckless driving, (2) failure to appear 08/23/91 and (3) failure to appear 10/25/91. Found guilty of charge 1 and 3.
         Sentence: Charge 1 - $50.00 fine plus court cost. Charge 3 - $25.00 fine plus court cost, 2 days in jail. Jail sentence suspended. Charge 2 dismissed.

920206:  Summary Court-Martial
Charge I: violation of UCMJ, Article 86 (2 specs): Unauthorized Absence from unit x 2, (1) 03NOV91 to 25NOV91, (1) 17DEC91 to 8JAN92.
          Sentence: Forfeiture of $250.00 pay per month for 1 month, confinement for 30 days, reduction to E-2.
         CA 920210: Sentence approved and ordered executed.

920206:  Retention Warning from USS THEODORE ROOSEVELT (CVN 71): Advised of deficiency (Unauthorized Absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
920206:  To confinement.

920301:  Released from confinement and returned to full duty.

920323:  Unauthorized absence from USS THEODORE ROOSEVELT.

920324:  Surrendered on board USS THEODORE ROOSEVELT. (1 day)

920402:  Unauthorized absence from USS THEODORE ROOSEVELT.

920403:  Surrendered on board USS THEODORE ROOSEVELT. (1 day)

920427   Medical Department USS THEODORE ROOSEVELT. Patient diagnosed with severe Antisocial Personality Disorder. Does not appear suicidal @ this time but given pattern of impulsive behavior and impending situational stressors (Captain’s Mast, etc.) feel he will be reaching that point soon. If alcohol becomes a factor, risk increases.

920505:  Unauthorized absence from USS THEODORE ROOSEVELT.

920509:  Surrendered on board USS THEODORE ROOSEVELT. (4 days)

920510:  Unauthorized absence from USS THEODORE ROOSEVELT.

920515:  Missed ship's movement.

920519:  Surrendered on board USS THEODORE ROOSEVELT. (9 days)

920528:  NJP for violation of UCMJ, Article 86 (4 specs): Unauthorized Absence from unit x 5, (1) 23MAR92 to 24MAR92, (2) 02APR92 to 03APR92, (3) 09APR92 to 25APR92, (4) 05MAY92 to 09MAY92, (5) 10MAY92 to 19MAY92. Violation of UCMJ Article 87: Miss Ship’s movement on or about 15MAY92.
         Award: Forfeiture of $350.00 pay per month for 2 months, restriction and extra duty for 40 days, reduction to E-2. No indication of appeal in the record.
920603:  USS THEODORE ROOSEVELT (CVN 71) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and by reason of commission of a serious offense.
920603:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

920616:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. Commanding Officer’s comments (verbatim): “FA Brooks has one NJP, one civil conviction, and one SCM. He has been counselled regarding his misconduct. FA Brooks will not conform his conduct to even minimal standards. I find SNM to be unreliable with no potential for further service. I recommend he be discharged with an other than honorable discharge.”

920626:  BUPERS directed the Applicant's discharge under other than honorable conditions 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 920715 under other than 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).

 Issue 1: The Applicant stated he was not prepared for the dangers of Navy life. The NDRB recognizes that serving in the Navy is very challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most Sailors serve honorably and well and therefore earn honorable discharges. In fairness to those Sailors, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. While the NDRB respects the fact that the Applicant tried, his service is equitably characterized as being performed under other than honorable conditions. Additionally, an individual suffering from an anti–social personality disorder is not considered to be mentally ill. A personality disorder is an enduring pattern of inner experience and behavior that deviates markedly from the expectations of the individual’s culture. A personality disorder does not necessarily inhibit the Applicant from behaving in accordance with the Navy’s core values. An upgrade to honorable conditions would be inappropriate. Relief denied.

The Board has no authority to upgrade a discharge for the sole purpose of obtaining Veteran’s educational benefits as requested by the Applicant. 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. Relief denied.

Additionally, t here 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, a positive employment record, documentation of community service and certification of non-involvement with civil authorities are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct. The Applicant did not provide any documentation to support an upgrade based on post-service accomplishments. Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at a personal appearance hearing is recommended but not required.


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 – 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 “ 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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