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NAVY | DRB | 1999_Navy | ND99-00580
Original file (ND99-00580.rtf) Auto-classification: Denied


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

ex-QWSN, USN
Docket No. ND99-00580

Applicant’s Request
The application for discharge review, received 990428, requested that the characterization of service on the discharge be changed to 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 000121. 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.


The NDRB did note an administrative error on the original DD Form 214. Block 18, Remarks, should read “Continuous honorable active service from 910703 until 940807.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. My discharge was inequitable because my incident(s) were all based on one negative fact/action occurring in my life. My ex-wife left me while I was overseas in Japan while assigned to the USS Beaufort. This caused a negative impact in my mentality which you can see in my medical records. My whole life is now based on 4 to 6 months where a rational thought never crossed my mind. I served 40 months with a flawless service record. I implore you to please take a good luck at my record and help me to bury that part of my past. Thank you for your time.
 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):
         Active: USN               910703 - 940807  HON
         Inactive: USNR (DEP)     910311 - 910702  COG

 Period of Service Under Review :
Date of Enlistment: 940808               Date of Discharge: 960415

 Length of Service (years, months, days):

         Active: 01 08 08
         Inactive: 00 00 00

 Age at Entry: 18                          Years Contracted: 6

 Education Level: 12                        AFQT: 79

 Highest Rate: QM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.8 (1)     Behavior: 2.8 (1)                 OTA: 3.3 (4.0 scale)

 Military Decorations: NDSM, SSDR (two awards), Battle E, CEA

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 35

 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 :

950503:  Applicant to unauthorized absence

950507:  Applicant surrendered.

 950512:  NJP for violation of UCMJ, Article 86: Unauthorized absence (4 days),
         Award: restriction and extra duty for 30 days, reduction to E-3. No indication of appeal in the record.

951030:  Applicant to unauthorized absence.

951201:  Applicant surrendered.

 960205:          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

960206:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidence by absent without leave (30 days or more).
960206:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to absent without leave (30 days or more).

960318:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960415 under other than honorable conditions for misconduct due to absent without leave (30 days or more) (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 Board recognizes that serving in the Navy is very challenging to both the Sailor and his family members. Our country is fortunate to have men and women willing to endure the hardships and make the sacrifices required to serve their country. It must be noted that most Sailors serve honorable and well, and therefore, earn their honorable discharges. The applicant committed a serious offense when he went AWOL for 31 days. The Board found nothing in the records nor did the applicant submit any supporting documentation that showed that his personal problems were of sufficient magnitude that they could not be resolved through standard military channels or by the applicant’s chain of command. The Board found that the applicant’s service is accurately characterized as having been performed under other than honorable conditions. Relief is not warranted.

 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.

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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon St SE Rm 309
                  Washington, D.C. 20374-5023     


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