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

ex-SN, USNR
Docket No. ND05-00715

Applicant’s Request

The application for discharge review was received on 20050323.  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 20050727.  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 1910-144 (formerly 3630610).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“My ability to serve was impaired by my youth & immaturity.  Applicant has since attended college and graduated as Assoc. of Arts in HVAC&R.  My discharge was inequitable because it was based on one isolated incident in 13 months of service with no other adverse action.”

Applicant’s Remarks:  “I pray that the Board grants relief in the form of upgrading Applicants discharge to General based on the issues stated herein.”

Documentation

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

None were submitted

PART II - SUMMARY OF SERVICE

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

	Inactive: None
	Active:   None

Period of Service Under Review:

Date of Enlistment:  19911031		Date of Discharge:  19981105

Length of Service (years, months, days):

	Active:    00  09  08	
	Inactive:  00  05  07

Age at Entry:  18			Years Contracted:  8

Education Level:  12			AFQT:  64

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.40 (1)		Behavior:  3.40 (1)		OTA:  3.40

Military Decorations:  None

Unit/Campaign/Service Awards:  National Defense Service Medal, Battle “E” Ribbon

Days of Unauthorized Absence:  1944

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MILPERSMAN, Article 1910-144 (formerly 3630610).

Chronological Listing of Significant Service Events:

911031:	Pre-service waiver for vehicle tampering (non-minor misdemeanor) granted.

920406:	Applicant ordered to active duty service.

930709:	Applicant to unauthorized absence at 1400 on 930709.

930712:	Applicant from unauthorized absence at 0645 on 930712.

930713:	Applicant to unauthorized absence at 0700 on 930713.

930728:	Applicant missed ship’s movement.

930818:	Applicant apprehended by military authority at 0012 on 930818 in connection with DD 553 (Deserter/Absentee wanted by the Armed Forces).

930819:	Applicant declared a deserter having been on unauthorized absence from USS MOBILE since 0700, 930819.

930823:	Applicant missed ships movement.

Unknown:	Civil Conviction for violation of aggravated robbery with a deadly weapon and burglary as a habitation.
Sentence: Serving a 10 year sentence at Bradshaw State Jail, Henderson, TX.  Applicant eligible for parole review in 2001.  [Extracted from Commanding Officer, Naval Air Station Joint Reserve Base, Fort Worth, TX letter dated 980701.]

980617:	Applicant notified of intended recommendation for discharge by reason of misconduct due to civil conviction.  The least favorable characterization of service possible is under other than honorable conditions.

980617:	Applicant advised of rights and having consulted with qualified counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

980701:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to civil conviction.  

980716:	Chief of Naval Air Training, Corpus Christi, TX authorized the Applicant's discharge under other than honorable conditions by reason of misconduct due to civil conviction.

980721:	Commanding Officer, Naval Air Stations Joint Reserve Base, Fort Worth, TX directed Officer in Charge, Personnel Support Detachment, Naval Air Station Joint Reserve Base, Fort Worth, TX to effect the separation of Applicant with an other than honorable discharge by reason of misconduct – civil conviction.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19981105 under other than honorable conditions for misconduct due to civil conviction (A).  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 (B and C).

An under other than honorable conditions 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 three periods of unauthorized absence totaling 1944 days.  The Applicant was also convicted in civil court for aggravated robbery with a deadly weapon and sentenced to 10 years incarceration.  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 contends that his ability to serve was impaired by his “youth.”  While he may feel that his immaturity was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service.  The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions.  Relief denied.

Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question.  The Board discovered no impropriety after a review of Applicant’s case.  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 Naval service.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service and certification of non-involvement with civil authorities.  As of this time, the Applicant has not provided any documentation for the Board to consider.  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 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.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 21, effective 01 Sep 98 until 15 Sep 99, Article 1910-144 (previously 3630610), Separation by Reason of Misconduct - Civilian Conviction.

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “http://Boards.law.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:

		Secretary of the Navy Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023