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NAVY | DRB | 2000_Navy | ND00-00002
Original file (ND00-00002.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND00-00002

Applicant’s Request
The application for discharge review, received 991001, requested that the characterization of service on the discharge be changed to 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 000720. 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. Dear Sir:
I am writing in regards of my discharge from 91OCT16. I would like to have my discharge upgraded where I can once again join the Armed Forces. I feel that I made a very big mistake at the time by messing a future and a career that I had in front of me. I was young and had problems at home that I did not know of the right way do deal with. I know the way I handle them at the time was wrong. I am asking for another chance so I can make this up to my country, family, and myself. This is something that has bothered me for sometime now. I have a wife and two kids now and the responsibility of providing for them. I feel that once again joining the service I could have a career that would be of best interest to myself and my family, I am asking for my discharge to be upgraded to where I can once again rejoin the armed forces. I feel that being older and having a family I can deal with things that happen in my life a lot better than when I was younger. I am asking for you to give me another chance at a career and to serve my country once again. If there are any questions that I could answer for you feel free to call or write me anytime or set up a time for us to meet and discuss my chances of this happening. Thank you for reading my letter and I hope to be hearing from you soon. Sincerely,
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: None
         Inactive: USNR (DEP)     900926 - 901031  COG

 Period of Service Under Review :
Date of Enlistment: 901101               Date of Discharge: 911016

 Length of Service (years, months, days):

         Active: 00 11 16
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 58

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                           Behavior: NOB             OTA : NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 97

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 :

910609:  Report of declaration of desertion. Applicant declared a deserter 91JUN07, having been an unauthorized absentee since 0700, 91MAY08, from USS DWIGHT D. EISENHOWER (CVN 69).
910822:  Report of return of deserter. Applicant surrendered to military authorities at 2145, 91AUG13, onboard USS DWIGHT D. EISENHOWER (CVN 69). Returned to military control.

910826:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86.
         Specification: Unauthorized absence from 0700, 8May91 to 2145, 13Aug91 (97 days/surrendered).
         Charge II: violation of the UCMJ, Article 87.
         Specification: Missed ship's movement on 15May91.
         Charge III: violation of the UCMJ, Article 112A.
         Specification: Wrongful use of marijuana.
         Finding: to Charge I, II and III and the specifications thereunder, guilty.
         Sentence: Forfeiture of $500.00, confinement for 30 days, reduction to AR.
         CA action 910924: Sentence approved and ordered executed. [Extracted from CO's message dated 26Sep91.]

910924:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a serious offense and drug abuse as evidenced by all punishments under the UCMJ in your current enlistment.
910924:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights.
910925:  Medical evaluation: Applicant found not drug dependent.

 910926:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a serious offense.

911001:  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 911016 under Other Than Honorable conditions for misconduct due to Commission of a serious offense (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

In the applicant’s issue 1, the Board determined this issue is without merit. The applicant claims he was young, had problems at home and now wants to rejoin the Armed Forces. He recognizes he made a big mistake, is married with two children and wants to make amends to his country. Youth and immaturity are no excuse for the repeated misconduct and total disregard for Navy rules and regulations, demonstrated by the applicant. It is commendable that he has become a responsible individual and wants to rejoin the military but the applicant is no longer obligated to his country for further service and the Navy is under no obligation to upgrade his discharge for the purpose of rejoining the military. The applicant is encouraged to continue his personal pursuit to establish a reputation of good character and conduct, but he is no longer indebted to his country to serve. Relief denied.

 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. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 86, Unauthorized absence for a period in excess of 30 days; Article 87, Missing ship’s movement; and Article 112A, Wrongful use of illegal drugs, if adjudged at a Special or General Court-Martial.
C. 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.

D. 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.

E. 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 Street SE RM 309
                  Washington, D.C. 20374-5023     



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