Author: CAP
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Docket No. ND02-01027

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

 ex-MMFR, USN
Docket No. ND02-01027

Applicant’s Request

The application for discharge review, received 020715, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions.  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 030414.  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 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  I was U/A from the Navy for about 18 days due to the fact that my grandfather died.  I also was U/A for going into the hospital for a few weeks due to anger problems.  I tried to get help at my command & they told me there's nothing that they could really do.

I would really liked to get my discharge changed so I could rejoin the military and I would also like if you could upgrade it to honorable or at least general with honorable conditions.

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)	990730 - 991004	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  991005		Date of Discharge:  010921

Length of Service (years, months, days):

	Active:    01  11  17		Does not exclude lost time
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  10			AFQT:  62

Highest Rate:  MMFA

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:  92

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

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

Chronological Listing of Significant Service Events:

000902	Applicant UA from USS DETROIT (AOE 4).  Intentions unknown.

000919	Applicant surrendered on board USS DETROIT.

001026	Applicant UA from USS DETROIT.  Intentions unknown.

001124	Applicant declared a deserter.

001128	Applicant apprehended by NWS Earle, NJ security and returned to USS DETROIT.

001130:	NJP for violation of UCMJ, Article 85: Desertion from 0715, 001026 to 1920, 001128 (33 days/apprehended), violation of UCMJ, Article 86: Unauthorized absence from 0700, 000902 to 0700, 000919 (17 days/surrendered), violation of UCMJ, Article 87 (2 specs): Missing ship's movement on 000913 and 001101, violation of UCMJ, Article 92: Failed to obey a lawful order on 001127.
	Award: Restriction and extra duty for 45 days, reduction to MMFR.  No indication of appeal in the record.

010210	Applicant UA from USS DETROIT.  

010309	Applicant surrendered on board USS DETROIT.

010328	Applicant UA from USS DETROIT.

010409	Applicant surrendered on board USS DETROIT.

010412:	NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from 0700, 010210 to 0900, 010309 (21 days/surrendered), (2) Unauthorized absence from 0700, 010328 to 0900, 010409 (12 days/surrendered), violation of UCMJ, Article 92: Fail to obey other lawful order, violation of UCMJ, Article 107: False official statement, violation of UCMJ, Article 125: Sodomy, violation of UCMJ, Article 134 (2 specs): (1) Adultery, (2) Wrongful possession of an ID card.
	Award: 30 days correctional custody.  No indication of appeal in the record.

010412:	Retention Warning: Advised of deficiency (Violation of the UCMJ, Article 86, absent from unit without authority, Article 87, missing ship's movement, Article 92, failure to obey other lawful order and Article 107, false official statement as evidenced by your CO's NJP of 010412.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
	
010722	Applicant UA from USS DETROIT.

010724	Applicant surrendered on board USS DETROIT.

010730	Applicant UA from USS DETROIT.

010731	Applicant surrendered on board USS DETROIT.

010801:	NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from 0715, 010722 to 2300, 010724 (2 days/surrendered), (2) Unauthorized absence from 0715, 010730 to 1300, 010731 (1 day/surrendered).
	Award:  Forfeiture of $541 per month for 2 month(s), restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.

010805:	Psychiatric evaluation diagnosis:  Axis I: Adjustment disorder with mixed disturbance of conduct and emotion.  Axis II: Personality disorder not otherwise specified with narcissistic and schizotypal personality.  Strongly recommend expeditious administrative separation.

010809:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense.

010809:	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.

010914:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense.  

010917:	COMLOGRON TWO 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 010921 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).

Issue 1:  The NDRB has no authority to make recommendations to permit reenlistment, reentry, or reinstatement into the naval service or any other branch of the Armed Forces, as requested by the Applicant.  Regulations limit the Board’s review to a consideration of the propriety and equity of a discharge.  The Applicant’s discharge was proper and equitable and accurately reflects his service to his country.  The Applicant’s summary of service clearly documents the reasons for the Applicant’s other than honorable characterization of service.  A characterization of service of under other than honorable conditions is warranted when the service member’s conduct constitutes a significant departure from that expected of a sailor.  The Applicant’s conduct, which forms the primary basis for determining the character of service, reflects his repeated disobedience of the orders and directives that regulate good order and discipline in the naval service, and falls far short of that required for an honorable characterization of service.  Although the Applicant claims he went UA due to the fact that his grandfather died and the Applicant’s hospitalization for anger problems, the record is devoid of evidence that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  An upgrade to under honorable conditions would be inappropriate.  Relief denied.

The following is provided for the Applicant’s information:  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 civilian life, subsequent to leaving the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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.  Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge.  Evidence of continuing educational pursuits, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.  

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 additional documentation to support any claims of post-service accomplishments 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 31, dated 20 Feb 01, effective 25 Jan 01 until 21 Aug 02, Article 1910-142  [formerly 3630605]. SEPARATION 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:  A6750/A9307/A9445/A9217/A9221