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NAVY | DRB | 2003_Navy | ND03-00092
Original file (ND03-00092.rtf) Auto-classification: Denied


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

ex-MSSR, USN
Docket No. ND03-00092

Applicant’s Request
The application for discharge review, received 20021016, 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 20030912. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board discovered impropriety in the execution of the Applicant’s discharge. The Board’s vote was unanimous that the character of the discharge shall change to: GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630615.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. To whomever this may concern I really hope you consider all of what is been written. When I was discharged from the Navy. With an OTH all my shipmates knew I was not a bad person. I wanted out because my department was ___ and I didn’t want to be there. I asked to be transferred to another ship when they were doing that I was told no because they weren’t sure if my relief was as competent as me unless like the other 2 MSS. I loved the navy and still do and will give my life for my country, but the Lord knows I couldn’t continue to take this mistreatment constantly being at captain mast. So I did what I had to do not caring how I got out at the time which MOW I found to be a big mistake. I am a good person who works hard at a ___ ___ ___ at night and goes to college during the day 5x a week. I have a car note and furniture note, rent and light bill, plus grocery and children that is dependent on me. I need all the help I can get. I will love to get the G.I. Bill which I paid $1200 for. I just want to make an honest living and provide a better life for my family that’s all I am asking for. The G.I. Bill will help make my dreams come true. Plus I feel our gov’t can give money too foreigners they can give some to a person who gave 4 yrs of their life to his country. If whoever feel I’m not deserving of the G.I. Bill can I please have my $1200 dollars back because my blood and sweat went into that I worked for that that’s was my $1200 I put in that.

Documentation
In addition to the service record, NO DISCHARGE PACKAGE AVAILABLE, 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: USNR (DEP)     19940209 – 19940213      COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 19940214             Date of Discharge: 19970915

 Length of Service (years, months, days):

         Active: 03 07 01
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 48

 Highest Rate: MSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.50 (4)    Behavior: 1.75 (4)                OTA: 2.37

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSB, SSDR, OSR, BATTLE “E”RIBBON

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 3630615 [previously contained in Article 3630600].

 Chronological Listing of Significant Service Events :

941206:  Retention Warning from [USS WHITE PLAINS (AFS)]: Advised of deficiency (Inability to conform to Navy standards as evidenced by habitual tardiness and unauthorized absences. Despite numerous counseling and corrective actions you continue to be late to work, quarters and your appointed place of duty), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

960826:  Counseled for repeated unauthorized absences from Command functions and divisional work spaces.

970103:  Retention Warning from [USS DEVASTATOR (MCM-6)]: Advised of deficiency (Violation of UCMJ, Article 92: Failure to obey lawful order), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

970303:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 89: Disrespect towards a Commissioned Officer.
         Award: Restriction and extra duty for 30 days. No indication of appeal in the record.
NO DISCHARGE PACKAGE AVAILABLE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 19970915 under other than honorable conditions for misconduct due to minor disciplinary infractions (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 improper (C and D).

The Applicant’s service record shows he was discharged for minor disciplinary infractions, separation code KKN. The minimum discharge characterization that could be awarded for minor disciplinary infractions was General under Honorable conditions for the period of service under review. The Applicant was discharged with a characterization of service of Under Other Than Honorable conditions. The Applicant is, therefore, entitled to relief. The Board reviewed all available documents pertaining to this case and determined that the Applicant’s misconduct during his brief enlistment was sufficient to disqualify him for a fully honorable discharge. The discharge shall be changed to General under Honorable conditions. Partial relief granted.

The NDRB does not determine eligibility for G.I. Bill benefits. The Applicant will have to contact the Department of Veterans Affairs to determine what benefits he may qualify for.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, Article 3630615 (previously contained in Article 3630600), SEPARATION OF ENLISTED PERSONNEL BY REASON OF MINOR DISCIPLINARY INFRACTIONS.

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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