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NAVY | DRB | 2000_Navy | ND00-00234
Original file (ND00-00234.rtf) Auto-classification: Denied


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

ex-MSSR, USN
Docket No. ND00-00234

Applicant’s Request
The application for discharge review, received 991208, requested that the characterization of service on the discharge be changed to Honorable and the reason for the discharge be changed to medical-BiPolar. The applicant requested a documentary record discharge review. The applicant listed the American Legion as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000803. 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 and reason of the discharge shall not change. The discharge shall remain: BAD CONDUCT/Convicted by special court martial, authority: NAVMILPERSMAN, Article 3640420.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. (Equity Issue) Pursuant to 10 USC 874 (b) (UCMJ article 74) and in accordance with SECNAVINST 5420.174C, enclosure (1), paragraphs 2.24 and 9.3, this former member requests the Board's clemency relief with up-grade of his characterization of service to under honorable conditions on the basis of his post-service conduct.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant dated November 3, 1999 (2 copies)
Copy of authorization for release of confidential healthcare information dated January 5, 1999 (2 copies)
Letter from doctor dated May 17, 1999 (2 copies)
Letter from Vanderbilt Community Church dated September 30, 1999 (2 copies)
Letter from rehabilitation counselor, Michigan Department of Career Development dated September 14, 1999 (2 copies)
Character reference (2 copies)
Copy of DD Form 214
Twenty-seven pages from applicant's service/medical record
Copy of discharge summary from Alpena General Hospital (23 pages and 27 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     851108 - 860206  COG

 Period of Service Under Review :
Date of Enlistment: 851108               Date of Discharge: 880826

 Length of Service (years, months, days):

         Active: 02 06 20
         Inactive: 00 03 00

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 10                        AFQT: 66

 Highest Rate: MSSR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: NOB             OTA: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 339

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

BAD CONDUCT/Convicted by special court martial, authority: NAVMILPERSMAN, Article 3640420.

 Chronological Listing of Significant Service Events :

860729:  Applicant broke restriction.

 860805:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 860804 having been an unauthorized absentee since 0001, 860729 from USS NITRO.
870605:  Report of Return of Deserter. Applicant apprehended by civil authorities on 870604 (1230) at Dallas, TX. Returned to military control 870605 (1230). Applicant UA 315 days. Delivered to NACU Philadelphia, PA.

870604:  Applicant to confinement.

870804:  Applicant from confinement.

870811:  Special Court Martial
         Charge I: violation of the UCMJ, Article 86, (2) Specifications.
         Specification 1: Unauthorized absence from 0001, 860622 to 0011, 860722, [29 days/surrendered.]
         Specification 2: Unauthorized absence from 0001, 860729 to 1259, 870604 (315 days/apprehended).
         Findings: to Charge I and specifications 1 and 2 thereunder, guilty.
         Sentence: Confinement for 70 days, forfeiture of $300 per month for 3 months, Bad Conduct discharge.
         CA 871207: Sentence approved and ordered executed, except for bad conduct discharge.
         SA: see SSPCMO.

870811:  From confinement; to appellate leave.
870910:  Applicant on appellate leave.

 880310:  NMCCMR: The findings of guilty and sentence, as approved on review, are affirmed.
880616:  SSPCMO: Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.            

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was separated on 880826 with a Bad Conduct discharge due to conviction by Special Court Martial (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).

In the applicant’s issue 1, the Board determined this issue is without merit. The applicant claims post-service conduct as reason to re-characterize his discharge. An applicant’s discharge may be upgraded based on outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the performance of the applicant, during the period of service which is the subject of the discharge review. The applicant was on unauthorized absence for 30 days from June to July 1986 and for 315 days from July 1986 to June 1987. His total active service time was 2 years, 6 months and 20 days. The applicant was UA for 36% of his total active duty military service, not including time in confinement, appellate leave and training. The Board clearly understood the performance of the applicant during the period of service under review and considered all documents submitted related to post-service clemency. The discharge was proper and equitable. Relief denied.

This Board does not have the authority to change the reason for discharge from a non-medical reason to a medical reason. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until 13 Dec 89, Article 3640420, DISCHARGE OF ENLISTED PERSONNEL ADJUDGED BY SENTENCE OF COURTMARTIAL.

B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984) enclosure (1), Chapter 2, paragraph 2.24, COURT-MARTIAL SPECIFICATION, PRESUMPTION CONCERNING.

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 D.C. 20374-5023    


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