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

 ex-MMFN, USN
Docket No. ND99-01105

Applicant’s Request

The application for discharge review, received 990817, 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 000616.  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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues 

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 

Documentation

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

Copy of DD Form 214.
Copy of College Transcript (2pgs).
Copy of Letter of Admittance to Graduate Program.
Copy of Letter of Selection to All University Predoctoral Merit Fellowship in the Department of Sociology.
Resubmission Letter from applicant for upgrade.
Copy of Unofficial Transcript
Character Reference letter from college advisor, M_ C. M_, dtd May 16, 2000
Character Reference letter from college employer, B_ E. H_ undated
Thank You letter to applicant concerning his coaching of boy's baseball team dated May 16, 2000 
Thank You letter to applicant for volunteering to help the CSUSM Enrollment Services Division during summer retreat activities dated May 16, 2000

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	890623 - 890911	COG

Period of Service Under Review:

Date of Enlistment:  890912		Date of Discharge:  910412

Length of Service (years, months, days):

	Active:    01  07  01
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  96

Highest Rate:  MM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.20 (2)	Behavior:  2.90 (2)		OTA:  3.20

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 – commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

910208:	NJP for violation of UCMJ, Article 91: Insubordinate conduct towards a Chief Petty Officer, violation of UCMJ Article 128: Assault.
	Award:  Forfeiture of $150.00 per month for 1 month, restriction and extra duty for 10 days, reduction to E-3 (suspended for 90 days).  No indication of appeal in the record.

910215:	Psychiatric evaluation indicates the member is not considered mentally ill, but manifest a longstanding disorder of character and behavior of such severity as to render him incapable of serving adequately in the navy.  He does not presently require, and will not benefit from hospitalization, although not presently considered suicidal or homicidal, he is judged to represent a continuing danger to both himself and others if retained in the navy.  He is deemed fit for return to duty for immediate processing for administrative separation, which should be initiated expeditiously by the member's command in compliance with MILPERCOMINST 1910.1D.

910225:	Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of Convenience of the government due to Personality Disorder, and misconduct due to the Commission of a Serious Offense.

910301:  	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.

910328:	Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a serious offense and Convenience of the government due to personality disorder.  Commanding officer’s comments (verbatim):  (Applicant) has demonstrated a substantial lack of responsibility and little desire to conform to Navy regulations or adapt to military life.  He has openly voiced his opposition to the United States involvement in the Middle East, and performs virtually no work at all in an effort to demonstrate that he does not support U.S. participation in the hostilities within the Persian Gulf.  His involvement in a verbal and physical confrontation with a Chief Petty Officer resulted in CO’s NJP.  SNM has on several occasions stated that if he is willing to do anything to get out of the Navy.  (Applicant) has become an extreme administrative burden to this command and the U.S. Navy and exhibits absolutely no potential for further service.

910409:	CNMPC 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 910412 under Other Than Honorable conditions for misconduct, due to Commission of a serious offense (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

The applicant introduced no decisional issues for consideration by the Board.

The following is provided for the benefit of the applicant. There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct, subsequent to leaving military service.  The NDRB reviews the propriety (did the Navy follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with Navy guidance or was the characterization typical of other service members being separated for the same reason) of each applicant’s discharge to determine if proper procedures were followed.  This applicant’s discharge was proper and equitable.  Additionally, the NDRB is authorized to award clemency for post-service factors (what has the applicant done since discharge to become a contributing member of his/her community and to society in general).  Those factors include but are not limited to the following:  Evidence of continuing educational pursuits (transcripts, diploma, degree or vocational-technical certificates), a verifiable employment history (letter of recommendation from employer), documentation of community service (letter from activity/community group), certificate of non-involvement with civil authorities (police records check) and proof of not using drugs (detoxification certificate).  The applicant did provide some documentation to demonstrate good character or conduct, but not sufficient enough to warrant an upgrade to his discharge (unsigned letter from North County Bobby Sox Junior Boy Eight Baseball Team).  The applicant is encouraged to continue to establish a reputation of good character and document his accomplishments.  Documentation to support any claim of good character is a must to receive any consideration based on post-service achievements.  The applicant remains eligible for a personal appearance hearing, to discuss his post-service accomplishments, provided an application is received by the NDRB within fifteen years from the date of his discharge.  Legal representation at the hearing is advisable.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A), Change 8, effective 
21 Aug 89 until 14 Aug 91, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

B.  Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 91:  Insubordinate conduct towards a Chief Petty Officer and Article 128: Assault (other than simple assault), if adjudged at a Special or General Court-Martial.

C.  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.  

D.  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.

E.  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 Street SE Rm 309
		Washington, D.C.  20374-5023