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Docket No. ND00-00389

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

ex-AKAA, USN
Docket No. ND00-00389

Applicant’s Request

The application for discharge review, received 000209, 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 000831.  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, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  The first issue that I would like to bring forth to the board is that during my short military career I was very unsure of where my life was heading.  I thought that I knew it all and could not be told different, which doesn't get you very far in the Navy.  Looking back now, I realize the mistake I made when I decided I didn't want to be in the Navy anymore.  Regretfully I cannot change this.  I would know do anything to regain the career I so carelessly threw away.  Well as they say hiensight is 20/20.  Some of the things I admitted to the medical personnel while at Portsmouth Naval Hosp. were not true.  It was only a way to get myself detached from the Navy.  I alone sacrificed so much just to get out.  I have changed so much since I was released from the Navy.  I and my family are Christians now and live our lives for the Lord.  I know in my heart that whatever decision arises from the Board that it is what God has intended for me. I would given anything to be able to start where I left off.  But I realize that my preceding actions while enlisted have most deffinately hendered any chance of that.  I only pray now that with this request I may be granted a second chance at upholding any honor I have so unappretiatively thrown away.

Documentation

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

Copy of DD Form 214
Memorandum dated July 26, 1994
Memorandum dated May 20, 1994
Memorandum dated May 26, 1994
Memorandum dated May 11, 1994 (2 copies)
NAVDTRA 1430/5 Stock Ordering Number 0502-LP-216-0100, assignment 1 through 7

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	911001 - 920816	COG

Period of Service Under Review:

Date of Enlistment:  920817		Date of Discharge:  950426

Length of Service (years, months, days):

	Active:    02  08  10
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  65

Highest Rate:  AKAN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.87 (3)	Behavior:  3.00 (3)		OTA:  2.87

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  49 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

940408:	Applicant to unauthorized absence 0630, 8Apr94.

940411:	Applicant from unauthorized absence 0630, 11Apr94 (3 days/surrendered).

940922:	NJP for violation of UCMJ, Article 86: Unauthorized absence 1200, 1Sep94 to 1030, 8Sep94 (6 days/apprehended).
	Award:  Forfeiture of $100 per month for 2 months, restriction and extra duty for 20 days, reduction to AKAA.  Forfeiture suspended for 1 month and reduction suspended for 4 months.  No indication of appeal in the record.

940922:	Retention Warning: Advised of deficiency (Unauthorized absence on 1Sep94 to 8Sep94.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

941227:	Applicant to unauthorized absence 0630, 27Dec94.

950103:	Applicant from unauthorized absence 1200, 3Jan95 (7 days/surrendered).

950104:	Applicant to unauthorized absence 0630, 4Jan95.

950108:	Applicant from unauthorized absence 0025, 8Jan95 (3 days/surrendered).

950110:	Drug and Alcohol Abuse Report: Cocaine abuse, 1 to 3 times per months, ashore off duty.  Self-referral/disclosure December 20, 1994.  Commanding officer recommended separate not via VA hospital.

950330:	NJP for violation of UCMJ, Article 86 (5 specs): (1) Unauthorized absence 28Dec94 to 3Jan95 (2) Going from appointed place of duty on 0700, 3Jan95, (3) Unauthorized absence from 3Jan95 to 8Jan95, (4) Going from appointed place of duty on 0600, 8Jan98, (5) Unauthorized absence on 1200, 22Jan95 to 2100, 24Feb95 (33 days/surrendered).
	Award:  Restriction and extra duty for 45 days, reduction to AKAA.  No indication of appeal in the record.

950403:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

950403:  	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.

950406:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. 

950419:	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 950426 under other than honorable conditions for misconduct due to commission of a serious offense (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

In the applicant’s issue 1, the Board found that there was no basis to upgrade the applicant’s discharge so that the applicant may reenter the service.  The applicant is advised that there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service.  However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D).  Those factors include, but are not limited to, the following:  evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct.  At this time, the applicant has not provided any documentation of good character and conduct.  Therefore no relief will be granted.  The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

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 – 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

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6730/A9321/A9241/A9217