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NAVY | DRB | 2000_Navy | ND00-00459
Original file (ND00-00459.rtf) Auto-classification: Denied


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

ex-HTFR, USN
Docket No. ND00-00459

Applicant’s Request
The application for discharge review, received 000224, requested that the characterization of service on the discharge be changed to honorable. 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 000918. 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 26, Separation Code should read: “HKQ” vice “HKD”. The original DD Form 214 should be corrected or reissued as appropriate.






PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. Please consider my request for upgrade of my discharge. I realize that I made a foolish mistake in going AWOL while on active duty. I'm not condoning what I did but I feel I wasn't given the proper punishment for it. I feel I could have at least been given a General under Honorable Conditions. I had a good record of service until I went to the Persian Gulf. I had been deployed in the Persian Gulf for six months during the war and when I went home I felt like I couldn't leave my family. I realize now that I was wrong and used poor judgement. I never realized how this error in judgement would affect my life. Since I left the service I have married and have two children. I have been turned down on several jobs because of my service record. I am truly ashamed of what I've done and pray that you will upgrade my discharge. Please consider that I am a war time veteran and that I served honorably during that period of war. I know I made a mistake and I'm sorry and ask for your help. I would like to be able to tell my children and grandchildren that I served proudly and not have to be ashamed of the type of discharge I received. Thank you for your time and consideration.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character reference dated September 13, 1999
Character reference dated September 19, 1999
Character reference dated September 16, 1999
Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     891117 - 900724  COG

 Period of Service Under Review :
Date of Enlistment: 900725               Date of Discharge: 931105

 Length of Service (years, months, days):

         Active: 03 03 11
         Inactive: 00 00 00

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 37

 Highest Rate: HTFA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (1)    Behavior: 3.60 (1)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, SASM with 1 Bronze Star, KLM

 Days of Unauthorized Absence: 106

 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 :

911107:  NJP for violation of UCMJ, Article 134 (2 specs): Incapacitation for duties and under age drinking on 2Oct91 and 3Oct91.
         Award: Forfeiture of $422 per month for 1 month, restriction and extra duty for 30 days. No indication of appeal in the record.

911113:  Retention Warning: Advised of deficiency (Drinking underage.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

911127:  Retention Warning: Advised of deficiency (Consumed alcoholic beverage while under the age of twenty-one and incapacitated for proper performance of duty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920102:  Retention Warning: Advised of deficiency (Unauthorized absence 0700-0715, 15Dec92.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920319:  Retention Warning: Advised of deficiency (Unauthorized absence from 0700-1000, 28Feb92.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
920401:  Applicant found to be psychologically dependent on alcohol.

 920406:  Due to refusal of treatment on 9Mar92 and not reporting to ARC on 16Mar92 due to refusal of treatment was classified as a rehabilitation failure.
920520:  Applicant declared a deserter.

 920805:  Applicant returned from deserter status 1230, 5Aug92 (107 days/surrendered).

921021:  Special Court-Martial.
         Charge I: violation of the UCMJ, Article 86:
         Specification: Unauthorized absence 0700, 20Apr92 to 1230, 4Aug92.
         Charge II: violation of the UCMJ, Article 87:
         Specification: Missed ship's movement on 24Apr92.
         Findings: to Charge I and II and specifications thereunder, guilty.
         Sentence: Forfeiture of $300.00 per month for 3 months, confinement for 60 days, reduction to HTFR.
         CA 930310: Sentence approved and ordered executed.
921209:  Applicant released from confinement and placed on admin leave.
921209:  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 alcohol abuse rehabilitation failure.
921209:          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 the basis for the separation.

930928:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol abuse rehabilitation failure.

931018:  Chief of Naval Personnel recommended to Assistant Secretary of the Navy (Manpower and Reserve Affairs) the applicant be discharged under other than honorable conditions by reason of misconduct due to commission of a serious offense and alcohol abuse rehabilitation failure.

931019:  Assistant Secretary of the Navy (Manpower and Reserve Affairs) approved recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense.

931022:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct.

931022:  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 931105 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 response to the applicant’s issue, the Board appreciates that the applicant realizes that going on unauthorized absence was wrong and that he regrets the decision to do so. However, the Board found that the unauthorized absence, which is a serious offense, was not the only misconduct the applicant was guilty of. The applicant had also violated UCMJ Article 87 for missing ship’s movement and UCMJ Article 134 for incapacitation for duty, both serious offenses. The applicant also violated Article 134 by drinking underage. The applicant received retention warnings for these offenses as well as for two instances of unauthorized absence from place of duty. The Board noted also that the applicant was found to be psychologically dependant on alcohol and refused treatment which constitutes alcohol rehabilitation failure. 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 honorably and well, and therefore, earn their honorable discharges. The applicant's service is accurately characterized as having been performed under other than honorable conditions. Relief is not warranted.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, is considered. The applicant provided three character references as documentation of his post-service. The applicant's efforts need to be more encompassing than those provided. The applicant should have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using alcohol in order for consideration for clemency based on post-service conduct. At this time the applicant has not provided sufficient documentation of good character and conduct. Therefore no relief will be granted. He is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective
05 Mar 93 until 21 Jul 94, 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, for unauthorized absence for a period in excess of 30 days, 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 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      


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