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NAVY | DRB | 2004_Navy | ND04-01020
Original file (ND04-01020.rtf) Auto-classification: Denied


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

ex-MM2, USN
Docket No. ND04-01020

Applicant’s Request
The application for discharge review was received on 20040608. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests 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 20041008. 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 discovered by the NDRB. 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, as stated

 Applicant’s issues, as stated on the application:

 1. “I am requesting this discharge change because I feel I am now able to defend myself where I could not do so in 1991. My military medical records will show that I was under considerable stress and hospitalized on several occasions due to mental issues. I was diagnosed with a borderline personality disorder at that time. I was an inpatient on numerous occasions at mental facilities including the VA hospital. I was not in control of my actions at all times and not always good, when stress, at making decisions.

My point is that I had severe medical concerns and all my actions were not without cause. My court martial was due to a situation which was not my doing and I was not discharged on account of it. All of my evaluations were excellent as my records will show.”

I have had to get treatment w/o benefit of veteran’s benefits. Could not use my GI bill of which I paid into therefore paying for my schooling w/o help, and not afforded a DD-214 as though I never honorably served, which I did.

After 13 yrs. I would respectfully request a change in type of discharge to under honorable conditions.”
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: USNR (DEP)     870709 - 870824  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 870825               Date of Discharge: 911101

 Length of Service (years, months, days):

         Active: 04 02 07
         Inactive: 00 00 00

 Age at Entry: 29                          Years Contracted: 4

Education Level: 12                        AFQT: 94

 Highest Rate: MM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.76 (5)    Behavior: 3.84 (5)                OTA : 3.84

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 89

 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 :


871222:  Applicant UA from SERVSCOLCOM San Diego, CA.

871228:  Applicant Surrendered onboard SERVSCOLCOM San Diego, CA this date. Retained on board for disciplinary action and disposition.

910405:  Applicant UA from USS PRAIRIE at Long Beach, CA. Intentions unknown.

910415:  Applicant surrendered on board USS PRAIRIE.

910422:  NJP for violation of UCMJ, Article 86 (3 Specs): Unauthorized absence from unit from 91FEB05 TO 91FEB06, 91MAR13 TO 91MAR15 AND 91APR05 TO 91APR15; violation of UCMJ, Article 116: Causing a breach of the peace.
         Award: Forfeiture of $200 per month for 1 month, restriction for 40 days, reduction to E-4. Reduction suspended for four months. No indication of appeal in the record.

910622:  Applicant UA from USS PRAIRIE at Long Beach, CA. Intentions unknown.

910722:  Applicant declared a deserter.

910829:  Applicant apprehended by Habour Division LAPD, Long Beach, CA (68 days/A).

911003:  Special Court-Martial for violation of UCMJ, Article 86: UA from 91JUN22 to 91AUG29.
         Award: Forfeiture of $200 per month for 2 months, confinement for 45 days, reduction to E-4. No indication of appeal in the record.
         CA’s Action: 911028. Approved and ordered executed.

911015:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

911015:  Applicant advised of her rights and having elected 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, and elected to submit statements on her behalf either verbally or in writing.

911030:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

911108:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

960507:  National Personnel Record Center, St. Louis, MO issued a Certification of Military Service reflecting a discharge date of November 1, 1991, since a DD Form 214 was not issued at the time of discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19911101 under other than honorable conditions for misconduct due to the commission of a serious offense (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the available 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: Administrative separation for misconduct takes precedence over separation for any other potential reason. 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. The Applicant’s service was marred by award of nonjudicial punishment (NJP) on one occasion for violations of Articles 86 and 116 of the UCMJ. Additionally, the Applicant was awarded a special court-martial for violation of Article 86 of the UCMJ on another occasion. The Applicant’s conduct, which forms the primary basis for determining the character of her service, falls short of that required for an under honorable (general) characterization of service. While she may feel that stress and her medical condition at the time were factors that contributed to her actions, the record clearly reflects her disregard for the requirements of military discipline and demonstrated that she was unfit for further service. The evidence of record does not demonstrate that the Applicant was not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.
The Applicant should be aware that, with respect to nonservice-related administrative matters, i.e., VA benefits and educational pursuits, the Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board. 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.

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. 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 – 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      



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