Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-00994
Original file (ND02-00994.rtf) Auto-classification: Denied


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

ex-OSSN, USN
Docket No. ND02-00994

Applicant’s Request
The application for discharge review, received 020709, requested that the characterization of service on the discharge be changed to honorable. 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 030410. 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, as submitted

1. I was an outstanding achiever aboard the USS Shenandoah AD-44 with exceptional job performance as an Operations Specialist and because of this I was railroaded by higher ranks because I needed at that time to be discharged from the Navy.

2. I was told by my lieutenant that he would hang me if I tried to get out. At that time I needed to be with my family (hardship). They needed me to come home. I now regret not staying in the Navy and wish to be put back on Reserves if possible. They discharged me as an OTH as punishment and also so I wouldn't get my GI Bill.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Character Reference Letter from M_ L_, retired Marine dated June 18, 2002
Character Reference Letter from J_ E_, dated June 18, 2002,
Copy of DD Form 214
GI Bill Statement

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     910308 - 910507  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 910508               Date of Discharge: 930802

 Length of Service (years, months, days):

         Active: 02 02 25
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 47

 Highest Rate: OS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (2)    Behavior: 3.40 (2)                OTA: 3.40

 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 :

921110:  Medical Evaluation: Personality disorder manifested by stress, extreme mood hostility and unsuitability. Recommendation: Routine administrative separation based on personality disorder.
921116:  Retention Warning: Advised of deficiency (Personality disorder manifested by stress, extreme mood hostility and instability, impulsiveness and identity uncertainty), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
930527:  NJP for violation of UCMJ, Article 86: UA from appointed place of duty; violation of UCMJ, Article 91: Disrespectful in deportment toward a Senior Petty Officer.
         Award: Reduction to E-3. No indication of appeal in the record.
930602:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
930602:  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.
930607:  Commanding Officer recommended discharge under other than honorable conditions by reason of personality disorder and misconduct due to the commission of a serious offense.

930614:  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 930802 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. A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion for the commission of a serious offense and an adverse counseling entry on another occasion. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade would be inappropriate. Relief denied.

Issue 2. The Applicant’s discharge characterization accurately reflects her service to her country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. The Board found no indication that she was improperly denied a hardship discharge. 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 evidence of a substance free lifestyle, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The Applicant’s evidence of post-service conduct was found not to mitigate the offense for which she was discharged. Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied.
The Applicant 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. 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), 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 " 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      

Similar Decisions

  • NAVY | DRB | 2001_Navy | ND01-00686

    Original file (ND01-00686.rtf) Auto-classification: Denied

    The discharge shall change to: UNDER HONORABLE CONDITIONS (GENERAL)/ Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.A documentary discharge review was conducted in Washington, D.C. on XXXXXX. Issues This former member proffers that a diagnosed personality disorder and PTSD sufficiently mitigated her misconduct of record to warrant separation under honorable conditions.2. No indication of appeal in the record.890615: Applicant notified of intended...

  • NAVY | DRB | 1999_Navy | ND99-01126

    Original file (ND99-01126.rtf) Auto-classification: Denied

    In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of Letter of Recognition Copy of Certificate of Appointment Twelve pages from medical record Copy of DD Form 214 (2 copies) PART II - SUMMARY OF SERVICE Prior...

  • NAVY | DRB | 1999_Navy | ND99-00887

    Original file (ND99-00887.rtf) Auto-classification: Denied

    The NDRB found no evidence in the record nor did the applicant provide any supporting documents to support this issue. The applicant did not provide any documentation regarding her post service conduct for the Board to consider. You may obtain a copy of DoD Directive 1332.28 by writing to: DA Military Review Boards Agency Management Information and Support Directorate Armed Forces Reading Room Washington, D.C. 20310-1809The names, and votes of the members of the Board are recorded on the...

  • NAVY | DRB | 2001_Navy | ND01-00811

    Original file (ND01-00811.rtf) Auto-classification: Denied

    ND01-00811 Applicant’s Request The application for discharge review, received 010529, requested that the characterization of service on the discharge be changed to honorable. 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 decisional issues for consideration by the Board. PART IV - INFORMATION FOR THE APPLICANT If you believe that the...

  • NAVY | DRB | 2003_Navy | ND03-01164

    Original file (ND03-01164.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was received by the NDRB. Issues, as stated Issues submitted by Applicant’s representative (American Legion): 1.

  • NAVY | DRB | 2001_Navy | ND01-01082

    Original file (ND01-01082.rtf) Auto-classification: Denied

    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 requested a change in discharge due to his post service conduct. The applicant is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. PART IV - INFORMATION FOR THE APPLICANT If you believe that the decision in your case is...

  • NAVY | DRB | 2001_Navy | ND01-00211

    Original file (ND01-00211.rtf) Auto-classification: Denied

    851112: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of homosexuality as evidenced by members admission that he is bisexual and misconduct due to the commission of a serious offense.851114: Applicant advised of his 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 and to submit a...

  • NAVY | DRB | 2000_Navy | ND00-00132

    Original file (ND00-00132.rtf) Auto-classification: Denied

    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: USNR (DEP) 900323 - 900716 COG Period of Service Under Review :Date of Enlistment: 900717 Date of Discharge: 940712 Length of Service (years, months, days):Active: 03 11 26 Inactive: None Chronological Listing of Significant Service Events...

  • NAVY | DRB | 2000_Navy | ND00-00387

    Original file (ND00-00387.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-EOCN, USN Docket No. ND00-00387 Applicant’s Request The application for discharge review, received 000203, requested that the characterization of service on the discharge be changed to honorable. Giving the Naval Personnel Board the above issues to consider, I am respectfully and hopefully requesting that my Other Than Honorable Discharge be upgraded to an Honorable Discharge.

  • NAVY | DRB | 2000_Navy | ND00-00362

    Original file (ND00-00362.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT – Commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.The NDRB did note an administrative error on the original DD Form 214. No indication of appeal in the record.910920: Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a serious offense as evidenced by violation of UCMJ, Article 91: Failure to...