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

 ex-SR, USN
Docket No. ND02-00181

Applicant’s Request

The application for discharge review, received 011217, requested that the characterization of service on the discharge be changed to honorable.  The Applicant requested a personal appearance hearing in the Washington National Capital Region.  The Applicant listed the American Legion as the representative on the DD Form 293.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 021008.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB did discern an inequity in the characterization of the Applicant’s service.  The Board’s vote was four to one that the character of the discharge shall change to: GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  This former member opines that prodromal symptoms of his Paranoid Schizophrenia mitigated his misconduct of record to warrant recharacterization of his service period to honorable.

Documentation

In addition to the service record, and previous case, the following additional documentation, submitted by the Applicant, was considered:

Maryview Psychiatric Hospital Admission Note dated June 30, 1995 (2 pages)
Maryview Psychiatric Hospital Discharge Note dated July 7, 1995 (3 pages)
Chesapeake Mental Health services Intake Summary dated August 29, 1996 (3 pages)
Emergency Psychiatric Evaluation dated September 4, 1996 (3 pages)
Medication Check dated September 19, 1996
Quarterly Medication Review dated October 18, 1996
Medication Check dated January 8, 1997
VIP Security Schools, Inc., Certificate of Completion dated December 16, 2001
Copy of DD Form 214
Character reference dated September 24, 2001
Local criminal record check dated October 9, 2001
Letter from Applicant's parents dated October 26, 2001
Character reference dated October 8, 2001

PART II - SUMMARY OF SERVICE

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

	Active:   USNR	921228 - 930625	RELACDUTRA
	Inactive: USNR	930626 - 930720	To enlist USN

Period of Service Under Review:

Date of Enlistment:  930721		Date of Discharge:  950413

Length of Service (years, months, days):

	Active:    01  08  23
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  65

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.40 (1)	Behavior:  3.80 (1)		OTA:  3.60

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SASM with Bronze Star, SSDR, BER

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 3630600.

Chronological Listing of Significant Service Events:

940607:	Counseling:  Advised of deficiency (Failure to maintain sufficient funds in checking account; intentionally writing checks without sufficient funds), notified of corrective actions and assistance available. 
[Extracted from CO's message dated 29 Mar 95.]

940708:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
	Award: Restriction and extra duty for 45 days, reduction to SA.  No indication of appeal in the record.

950209:	NJP for violation of UCMJ, Article 86: Unauthorized absence 0530 - 0750, 23 Jan 95, violation of UCMJ, Article 87: Missing ship's movement on 23 Jan 95.
	Award: Restriction for 30 days, reduction to SR.  No indication of appeal in the record.

950317:	Vacate suspended reduction to SR awarded at CO's NJP of 9 Feb 95 due to continued misconduct.

950317:	NJP for violation of UCMJ, Article 86: Unauthorized absence on 
16 Mar 95.
	Award: Confinement on bread and water for 3 days.  No indication of appeal in the record.

950325:	USS CALLAGHAN notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by missing ship's movement on 23 January 1995, and by reason of misconduct due to a pattern of misconduct as evidenced by all nonjudicial punishments in the current enlistment.  
[Extracted from CO's message dated 29 Mar 95.]

950327:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights. 
[Extracted from CO's message dated 29 Mar 95.]

950329:	Commanding Officer recommended discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense.  Commanding Officer’s verbatim comments:  His (Applicant’s) work habits are erratic and his sense of personal responsibility is unpredictable.  SR P_ has declined to seek professional mental counseling, but the totality of his actions, including missing ship’s movement through neglect and sleeping through general quarters indicate an incompatibility with any further naval service.  SR P_ has never demonstrated malicious intent or actions.  He appears to be genuinely befuddled by the situations into which he gets himself.  Recommend a general discharge.

950411:	BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

960709:	NDRB documentary record review Docket Number ND96-00844 conducted.  Determination:  Discharge proper and equitable; relief not warranted.

Note:  No record of NAVPERS 1070/613 from USS CALLAGHAN found in service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 950413 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 properly executed but the characterization was inequitable (C and D).

Issue 1:  The Board found the official record devoid of evidence that the Applicant was 
not responsible for his conduct or that he should not be held accountable for his 
actions.  The Applicant’s service was marred by award of non-judicial punishment on
three occasions.  However, at the time of discharge, the Applicant’s Commanding 
Officer recommended a general discharge, believing the Applicant never demonstrated
malicious intent or actions.  While an upgrade to honorable would be inappropriate, it
is the determination of the NDRB that a characterization of service of general (under 
honorable conditions) is warranted.  Partial relief granted.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 
22 Jul 94 until 02 Oct 96), 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls10.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