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

 ex-SMSA, USN
Docket No. ND00-00304
 
Applicant’s Request

The application for discharge review, received 000105, 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 000824.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did find an inequity in the characterization of the applicant’s service.  The Board’s vote was 4-1 that the character of the discharge shall change and unanimous that the reason shall change.  The discharge shall read: HONORABLE / SECRETARIAL AUTHORITY, authority: NAVMILPERSMAN, 3630900.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I thank you for this consideration, I (applicant) made a mistake while in the Navy and request forgiveness.  I currently live in Washington DC and serve the public in a daily basis.  Reason for this request I would like to pursue my dreams (school) and be able to take care of more than just me one day.

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):

	Active:   None
	Inactive: USNR (DEP)	930226 - 930718	COG

Period of Service Under Review:

Date of Enlistment:  930719		Date of Discharge:  970516

Length of Service (years, months, days):

	Active:    03  09  28
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  34

Highest Rate:  SMSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.50 (3)	Behavior:  3.53 (3)		OTA:  3.70

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR (2), AFSM, SASM, AFEM, 
         BER (3)

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

Chronological Listing of Significant Service Events:

970131:	Medical entry: A: Adjustment disorder.  P: Refer to psychology for further evaluation.  Appointment at BMC Mayport Psychology at 0800, 3Feb97.  Refer to chaplains for counseling.

970325:	Psychology: Seen in clinic after sexual assault by two males while doing laundry in the barracks.  He is to have EMG in Neuro and will wait for these results before pursuing further psychiatric diagnosis.

970501:	NJP for violation of UCMJ, Article 91: Disrespect toward a chief petty officer, violation of UCMJ Article 92 (3 specs): Failure to obey, violation of UCMJ Article 128 (2 specs): Assault SMC on 1May97.
	Award:  Forfeiture of $500 per month for 2 months, restriction and extra duty for 45 days, reduction to SMSA.  No indication of appeal in the record.

970501:	Psychology emergency evaluation: Imp: Axis I: PTSD symptoms due to sexual assault.  Disp: Member to NH-ER Jax for evaluation.

970502:	Medical entry: A: adjustment disorder with mixed emotional features.  P: 1 DC to LIMDU, 2 command notified about the disp, 3 He will be seen by Neurology, Chiropractor and P.T. dept, 4 no shipboard assignment.

Discharge package missing from service record.

970516:	DD Form 214: 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 970516 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 but inequitable based on the applicant’s entire service record (C and D).

The NDRB found the negative aspects of the applicant’s service were outweighed by his honorable service over 3 years 9 months and 28 days.  Relief is warranted.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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 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