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

 ex-OSSA, USN
Docket No. ND00-00282

Applicant’s Request

The application for discharge review, received 000103, 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 000810.  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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

I humbly request that this honorable board review my case on the following issues: 

1.  I request that my discharge be upgraded to that of "Honorable", as per item 3.

2.  I request that my RE-Code be upgraded as well.  The current RE Code is a "4". I am requesting that it be changed to "1", "2", or "3".  I am requesting these changes be made so that I may re-enter the United States Navy.  I am wishing to re-enter so that I might be able to support my wife and two children.  I would also like to change my rating, if I am allowed back in from an "OS" to be able to enter into the Navy legal field.  I have a degree in law, paralegal degree, and I would like to use this to help the Armed Forces.

Honorable Board - I placed two different location for the following reason I currently live in Oklahoma City, however my wife and I have been talking about moving to New York.

Documentation

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

Copy of DD Form 214
Copy of General discharge certificate dated November 23, 1993

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	920107 - 921018	COG

Period of Service Under Review:

Date of Enlistment:  921019		Date of Discharge:  931123

Length of Service (years, months, days):

	Active:    01  01  05
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  58

Highest Rate:  OSSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

921020:	Retention Warning: : Advised of deficiency (Fraudulent entry into USN based on pre-service civil involvement/drug abuse), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930519:	NJP for violation of UCMJ, Article 92: Fail to obey a lawful verbal order issued by LCDR H_____ on 12May93, to wit: by failing to complete assigned BMR correspondence course assignment.
	Award:  Forfeiture of $188 per month for 1 month, restriction and extra duty for 7 days.  No indication of appeal in the record.

931110:	Psychiatric evaluation: Diagnosis: Axis I: Adjustment disorder with mixed disturbance of emotions and conduct, resolved.  Axis II: Personality disorder NOS, severe, with antisocial and passive-aggressive traits, EPTE.  Axis III: S/P Tylenol and sudafed OD, resolved.  Left wrist superficial laceration, healing.  Recommend Administrative separation based on above ad self-destructive behavior.

931116:	Applicant notified of intended recommendation for 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.

931116:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

931117:	Commanding officer recommended discharge general (under 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): OSSA (applicant's) failure to obey a lawful order and personality disorder preclude his further retention in the naval service.  Based on the information contained in paras 1 through 13, I recommend that OSSA (applicant) be separated with a service characterization of general under honorable conditions.  Although by definition his NJP for failure to obey a lawful verbal order was a serious offense.  I am convinced the mitigating circumstances of his offense do not warrant an other than honorable conditions.  Therefore, I recommend that OSSA (applicant) be discharged with a service characterization of general under honorable conditions.

931119:	BUPERS directed the applicant's discharge general (under 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 931123 general (under 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).

In the applicant’s issues 1 and 2, the Board has no authority to change re-enlistment codes or make recommendations to permit re-entry into the Naval Service or any other of the Armed Forces.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to re-enlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment.

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.  Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article [e.g., 86, for unauthorized absence for a period in excess of 30 days] 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 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