Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. ND03-00822

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

 ex-AKAA, USN
Docket No. ND03-00822

Applicant’s Request

The application for discharge review was received on 20030414.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions.  The Applicant requests 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 20040311.  After a thorough review of the 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 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, as stated

Applicant’s issues, as stated on the application:

1.  “I am Z_ T _, former AKE USN.  Command was USS Dwight D. Eisenhower CVN-69.  I am writing this Review Panel today to request that my Other Than Honorable discharge be reviewed.  I wish to rejoin the military in hopes to serve my country, and support my family in the best means that I know.  The events that took place while I was in the military to cause this discharge are the following: (1) Physical fights between spouse and I on March 11^th 2001.  (2) Went UA from command for 47 days on March 12^th.   These action that I took instead of solving them the proper way I do regret to the fullest extent.  I let my command, my country, my family, and myself down.  I have dealt with this discharge since I got out of the military to the best of my ability.  I have changed a lot as a person; I have become more responsible since my daughter was born on November 19^th 2001.  I have spent many hours day in and day out supporting my family.  I now understand that giving up and running from your problems ends up creating even bigger problems, that remain until they are solved.
     I would like to explain the reasons why my actions where as above stated.  (1) I met my spouse on October 5^th 2000; she was having medical problems in the military and was suppose to be getting out on a medical discharge.  (2) Married on December 15^th and neither of us were transferred from the same command.  (3) We were both in Supply Department, I was in S-6 Aviation Supply.  My spouse was in S-2 mess Specialist.  (4) My spouse was suppose to been placed on shore duty while the ship went out to sea because of medical problems but wasn’t.  She ended up getting flown off on a Tuesday a week and a half after we deployed.  With all of those problems coming to hand my spouse and I starting having problems trying to get her out of the military and also a few of own.  Even with the problems we were having ourselves the delay on her discharge was taking mental tolls on my spouse.  She was in and out of the Chaplains on our ship, and was diagnosed unfit for sea duty.  With all of the problems following us from the ship to home caused our early departure from our command.  With things out in the open now, I wish to reenlist to active duty as soon as possible so not only can I support my family to the best of my ability, but also serve my country for many years to come.  Thank you for your time and patience in reading these attached statements as well as this one.”

Documentation

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

Character Reference Letters (3)

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	981014 - 981101	COG
	Active:   USN 			None

Period of Service Under Review:

Date of Enlistment:  981102		Date of Discharge:  010720

Length of Service (years, months, days):

	Active:    02  07  03
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  10			AFQT:  59

Highest Rate:  AK3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (1)	Behavior:  3.00 (1)		OTA:  3.00

Military Decorations:  None

Unit/Campaign/Service Awards:  NAVY”E”, AFEM

Days of Unauthorized Absence:  48

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:

010531:	Summary Court-Martial.
	Charge I:  violation of the UCMJ, Article 86: Unauthorized absence from unit 010313 to 010501 (48 days/S).  Charge II: violation of the UCMJ, Article 128: Unlawfully striking MSSA U__ twice in her face and choking her.
	Finding:  to Charge I and 2, and the specifications thereunder, guilty.
	Sentence:  Forfeiture of $711.00 pay per month for 1 month, confinement for 20 days, reduced to E-2.
	CA action 010531:  Sentence approved and ordered executed.

010615:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

010615:  	Applicant advised of his rights and having elected to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to submit statements to the Administrative Board or to the Separation Authority in lieu of a board and the right to obtain copies of the documents used to support the basis for the separation.

010629:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.  

010711:	COMNAVAIRLAN NORFOLK 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 20010720 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 Applicant’s discharge characterization accurately reflects his service to this country.  Normally, to permit relief, a procedural error or inequity must have existed during the period of enlistment in question.  No such error or inequity occurred during the Applicant’s enlistment.  The Applicant’s service was marred by a summary court-martial  for violation of  UCMJ, Articles 86 and 128.  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 denied.

While the Applicant indicated a desire to rejoin the military, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  

The Applicant’s discharge characterization accurately reflects his service to this country.  Normally, to permit relief, a procedural error or inequity must have existed during the period of enlistment in question.  No such error or inequity occurred during the Applicant’s enlistment.  Relief denied.

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 or any other evidence related to the applicant’s 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 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.
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