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

ex-SN, USN
Docket No. ND00-01068

Applicant’s Request

The application for discharge review, received 000919, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The applicant requested a personal appearance hearing discharge review before a traveling panel closest to Cleveland, OH.  The applicant listed VETERANS OF FOREIGN WARS as his representative on the DD Form 293.  In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearing are held in the Washington, DC Area.  The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. 

Decision

A documentary discharge review was conducted in Washington, D.C. on 010301.  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

1.  My other than honorable discharge was inequitable because it was based on a civilian matter, after 6 years of service time.  This matter has truly affected my life.

2.  (VFW ISSUE) The applicant enlisted on October 14, 1986 in the United States Navy.  We contend the discharged issued was inequitable because it was based on a civilian matter after 6 years of active service.  The matter has truly affected the life of the applicant.  The applicants plead no contest to the civilian charges prior to enlistment.  He also was an inpatient for alcohol rehabilitation and was processed for discharged due to failure to complete alcohol rehabilitation.  We contend after a full review the board will consider a Honorable Discharge.

Documentation

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

Personal Reference Letters (2)
Copy of DD Form 214 

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	861010 - 861013	COG

Period of Service Under Review:

Date of Enlistment:  861014		Date of Discharge:  920730

Length of Service (years, months, days):

	Active:    05  09  17
	Inactive:  None

Age at Entry:  25			Years Contracted:  4 (24 months extension)

Education Level:  12			AFQT:  35

Highest Rate:  BM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.63 (6)	Behavior:  3.54 (7)		OTA:  3.63

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR, NDSM, GCA 

Days of Unauthorized Absence:  2 

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:

870503:	UA from 870503-870505 [2days/S].

920407:	Civil conviction at Duval County Courthouse Jacksonville, FL for battery on spouse.
	Plead: No contest.
Sent: 1 day unsupervised probation.

920428:	Psychiatric evaluation indicates applicant has a severe personality disorder and is a danger to self and other.

920501:	Medical officer's evaluation indicates applicant has failed Level III ARC follow-up, applicant diagnosed as alcohol dependent, personality disorder, NOS.

920527:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason convenience of the government due to a personality disorder, alcohol rehabilitation failure and misconduct due to the commission of a serious civilian offense (assault on wife) as evidenced by an arrest and booking report on 920322 of misconduct due to the commission of a serious offense.

980527:  	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.

920529:	Commanding officer recommended discharge under other than honorable conditions by reason of convenience of the government due to a personality disorder, alcohol rehabilitation failure and misconduct due to the commission of a serious civilian offense (assault on wife) as evidenced by an arrest and booking report on 920322.

920709:	BUPERS 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 920730 under other than 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).

The applicant’s first issue states:  “My other than honorable discharge was inequitable because it was based on a civilian matter, after 6 years of service time.  This matter has truly affected my life.”  The applicant’s issue is without merit.  The record clearly shows the applicant received a civil conviction for battery on his spouse while on active duty.  Relief is denied.

The applicant’s second issue states:  “(VFW ISSUE) The applicant enlisted on October 14, 1986 in the United States Navy.  We contend the discharged issued was inequitable because it was based on a civilian matter after 6 years of active service.  The matter has truly affected the life of the applicant.  The applicants plead no contest to the civilian charges prior to enlistment.  He also was an inpatient for alcohol rehabilitation and was processed for discharged due to failure to complete alcohol rehabilitation.  We contend after a full review the board will consider a Honorable Discharge.”  After careful review the Board found this issue without merit and untrue.  The record shows that the applicant’s civil conviction occurred while he was on active duty, not “prior to enlistment” as stated.  Relief is denied.

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