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

 
ex-SR, USN
Docket No. ND03-01448

Applicant’s Request

The application for discharge review was received on 20030905.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable or entry-level separation or uncharacterized and the reason for the discharge be changed to “convenience of the government.”  The Applicant requests a personal appearance hearing before the board in the Washington National Capital Region.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040812.  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character and reason for discharge shall not change.  The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “I FEEL THAT I RECEIVED AN IMPROPER DISCHARGE UPON MY SEPARATION FROM THE U.S. NAVY.  WITHOUT A DOUBT PERTAINING TO MY ACTIONS I SHOULD’VE RECEIVED NO BETTER THAN A DISHONORABLE DISCHARGE.  AS A YOUNG MAN, I LET MY EMOTIONS INTERFERE WITH MY DUTIES AND RESPONSIBILITIES AS A SAILOR.

I UNDERSTAND THAT I NOT ONLY DISHONORED MY COUNTRY BUT MYSELF, AND FOR THAT REASON I’M NOT ASKING TO RECEIVE AN UPGRADE OF MY DISCHARGE., BUT TO BE GIVEN THE OPPORTUNITY TO REDEEM MYSELF.  I BEG TO BE REINSTATED AS A SERVICEMAN IN MY MILITARY., SO THAT I MAY ONCE AGAIN VALUE AND HONOR THE COMMITMENT ONE MUST MAKE FOR THIS COUNTRY AND IT’S PEOPLE.

AS A MAN I WILL ASSUME THAT RESPONSIBILITY UPON RE ENTRY TO HONOR MYSELF, MY SON AND MY NAME.  WITH YOUR APPROVAL I WILL ACCOMPLISH THESE TASKS TO BETTER MYSELF AND MY MILITARY OR I WILL DIE TRYING.”  

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):

	Inactive: USNR (DEP)	980619 - 980719	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  980720		Date of Discharge:  990729

Length of Service (years, months, days):

	Active:    01  00  10
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 

Education Level:  12			AFQT:  64

Highest Rate:  SR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  19

*No marks found in record

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

Chronological Listing of Significant Service Events:

990119:	Applicant to UA.

990206:	Applicant from UA.

990210:	Medical Evaluation [The attending psychiatrist recommends the consideration of a routine administrative separation for unsuitability due to the presence of a severe personality disorder.  The member is not considered mentally ill and returns to full duty.  The member manifests a longstanding disorder of character and behavior which is so sever that the member’s ability to function interferes with the member’s performance of duty.  The patient is discharged to his parent command, psychiatrically fit for full duty, but unsuitable for retention secondary to the presence of a personality disorder]
Diagnosis:
	AXIS I:  1) Adjustment Disorder with mixed disturbance of emotions and conduct, resolved  2) Occupational Problems
	AXIS II:  Personality Disorder, Not Otherwise Specified

990331:	NJP for violation of UCMJ, Article 86:  Unauthorized absence, violation of UCMJ Article 87: Missing ships movement.
	Award:  Forfeiture of $464 per month for 1 month(s), restriction and extra duty for 45 days.  No indication of appeal in the record.

990622:	Applicant missed ship’s movement.

990629:	Applicant missed ship’s movement.

980728:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

990728:	Commanding Officer directed General discharge by reason of misconduct due to the commission of a serious offense.  Commanding Officer’s comments: [Missing ships movement warrants a punitive discharge.  Due to circumstance in (Applicant’s) life I have determined a General Characterization is warranted].

Complete discharge package not available in service record jacket.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was given a General (under honorable conditions) discharge on 19990729 for misconduct due to commission of a serious offense (A & B).  In the absence of a complete discharge package, the Board presumed regularity in the conduct of governmental affairs (C), and after a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (D and E).

Issue 1.   When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  A General discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The Applicant’s service was marred by nonjudicial punishment proceedings for violations of Article 86 and Article 87 of the UCMJ.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The Applicant’s service record is marred by award of nonjudicial punishment (NJP) for missing movement and unauthorized absence, thus substantiating the misconduct for which he was separated.  The summary of service clearly documents that misconduct due to commission of a serious offense was the reason the Applicant was discharged.  No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore consider his discharge proper and equitable.  Relief denied.

Concerning a change in reenlistment code or reinstatement to active duty, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 
12 Dec 97 until 29 March 2000, Article 1910-142  [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT- COMMISSION OF A SERIOUS OFFENSE.

B.  In Appendix 12 of the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 87, missing movement, 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