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

 ex-OSSA, USN
Docket No. ND99-00475

Applicant’s Request

The application for discharge review, received 990218, 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 000110.  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

1.  I believe that my discharge was inequitable because my mental illness was overlooked. I was diagnosed with schizophrenia after my service/discharge from the Navy.  My difficulties with interpersonal relationships were caused by my mental illness.  I feel that my accomplishments in the Navy were overlooked.  I worked really hard for my merits in the Navy and I believe that my discharge should be upgraded to "General"

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Personal statement from applicant
Letter from applicant's parents
Letter from a doctor from UCSD Outpatient Psychiatric Services dated November 18, 1998
Copy of DD Form 214
Police record check from San Diego Police Department dated March 9, 1999

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   None
	Inactive: USNR (DEP)	900421 - 900728	COG

Period of Service Under Review:

Date of Enlistment:  900729		Date of Discharge:  930630

Length of Service (years, months, days):

	Active:    02  11  02
	Inactive:  None

Age at Entry:  22			Years Contracted:  4

Education Level:  12			AFQT:  68

Highest Rate:  OS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (3)	Behavior:  3.00 (3)		OTA:  3.26

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR

Days of Unauthorized Absence:  3 

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:

920313:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
	Award:  Forfeiture of $100 per month for 1 month, restriction and extra duty for 10 days.  No indication of appeal in the record.

920316:	Retention Warning from USS FLINT (AE 32):  Advised of deficiency (Unauthorized absence, continued poor reliability and poor military bearing will not be tolerated.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

930211:	NJP for violation of UCMJ, Article 117:  Provoking gestures; violation of UCMJ Article 134: Disorderly conduct.
	Award:  Forfeiture of $100 per month for 2 months, extra duty for 10 days, reduction to OSSN.  Reduction suspended for 6 months.  No indication of appeal in the record.

930518:	Vacate reduction to OSSN awarded at CO's NJP dated 11Feb93.

930518:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 2300, 30 April 1993 to 0500, 1 May 1993.
Award:  Forfeiture of $531 per month for 2 months, restriction and extra duty for 20 days, reduction to OSSA.  No indication of appeal in the record.

930604:	USS FLINT (AE 32) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by the following punishments under the UCMJ in your current enlistment.

930604:  	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 misconduct due to a pattern of misconduct. 

930624:	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 930630 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).

The applicant’s issue that her misconduct should be mitigated by an undiagnosed medical condition was considered by the NDRB.  The Board did not find, however, enough evidence to substantiate the applicants claim.   Relief not warranted.

The applicant is reminded that she is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

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 – 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 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.  20310-1809

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
		Washington Navy Yard
		720 Kennon St SE Rm 309
		Washington, D.C.  20374-5023