Author: CAP
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Docket No. ND00-00813

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

 ex-STSSN, USN
Docket No. ND00-00813

Applicant’s Request

The application for discharge review, received 000614, 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 010125.  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.  During the last few months I was in the military my home life was falling apart.  My wife gave me the ultimatum to either get out of the navy or face a divorce.  I spent time in the naval hospital, diagnosed as occupational stress, the real problems were dealing with my failing marriage which I did not confide to anyone in the navy or my command.  My wife left and moved back to Charleston S.C where her family was.  I was stationed in Norfolk at the time.  I went U.A at that time in my life my wife was the most important thing to me.  I just up and left everything behind to try to salvage my marriage.  We spent some time together and thing got better.  I reported back to my command voluntarily.  I turned myself in.  Did my restricted time onboard a tender and opted to take an OTH discharge to get out of the navy and save my marriage.  Hindsight being what it is this turned out to be the biggest blunder I would make in my life.  1 year after being discharge I was divorced anyway.  Throwing away 12 years of excellent! service in the U.S. Navy.  I had two previous honorable discharged before re-enlisting the 3^rd time.  This OTH discharge has become a matter of personal shame & disgrace to myself.  Please view my military records, I was an outstanding submarine sailor for 12 years.  Please help me remove this scar from an otherwise outstanding military career short as it may have been.

Documentation

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

Copies of DD Form 214 (5)
Copies of Enlistment Performance Evaluation Reports (10pgs)
Copy of Professional Achievement Citation
Copy of Newspaper Article (Toys for Tots)
Copy of Submarine Training Facility Certificate
Copy of Letter for Appreciation
Copy of Superior Performance Citation
Copy of Meritorious Achievement Citation
Copy of Outstanding Performance Citation
Copy of Professional Achievement Citation
Copy of Thank You Letter from Commanding Officer (Toys of Tots Donations)
Copy of Advancement to E-6 entry
Copy of First Class Service School Certificate
Copy of Certificate of Completion (Navy Leader Development Program)
Copy of Certificate of Completion (Operational Test Director Qualification)
Copy of Enlistment Performance Evaluation Report (4pgs)

PART II - SUMMARY OF SERVICE

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

	Active:   USN			800129 - 811108	HON
		   USN			811109 - 860914	HON
	Inactive: USNR (DEP)	800119 - 800128	COG

Period of Service Under Review:

Date of Enlistment:  860915		Date of Discharge:  911004

Length of Service (years, months, days):

	Active:    05  00  20
	Inactive:  None

Age at Entry:  22			Years Contracted:  6 

Education Level:  12			AFQT:  97

Highest Rate:  STS1

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.50 (6)	Behavior:  3.66 (6)		OTA:  3.66

Military Decorations:  None

Unit/Campaign/Service Awards:  GCM(2), NDSM, BATTLE"E"RIBBON, SSDR, Pistol Expert Medal, 

Days of Unauthorized Absence:  58 

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:

860915:	Reenlisted onboard USS NATHAN HALE (SSBN 623) for 6 years.

910521:	Report of Declaration of Deserter (NAVPERS 1600-3).  Applicant declared a deserter on 910507 having been an unauthorized absentee since 0730, 910507 from USS BERGALL (SSN 667).

910725:	Report of Return of Deserter.  Applicant surrendered to military jurisdiction at COMSUBRON SIX on 910704 (1405).  Retained onboard for disciplinary command.

910809:	NJP for violation of UCMJ, Article 86: Absence without leave, violation of UCMJ Article 87: Missing Movement, violation of UCMJ Article 92: Failure to obey lawful order.
	Award:  Forfeiture of $686.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-5.  No indication of appeal in the record.

910813:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

910815:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

910816:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

910923:	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 911004 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 issue states that marital problems prompted the applicant’s misconduct, and he regrets his misconduct.  The Board found the discharge accurately characterized the applicant’s service.  The applicant’s misconduct had a direct negative impact on the men, the ship and the mission of his unit.  Relief is not warranted.

The NDRB is authorized to consider post-service factors in the re characterization of a discharge.  There is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB.  The applicant failed to provide any post service documentation to support his request for upgrade.

The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.
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

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/A9307/A9229/A9217