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NAVY | DRB | 2000_Navy | ND00-00905
Original file (ND00-00905.rtf) Auto-classification: Denied


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

ex-SN, USNR
Docket No. ND00-00905

Applicant’s Request
The application for discharge review, received 000717, 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 010201. 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I respectfully request to change my discharge status from Other Than Honorable to Honorable discharge. I am very proud to have served the Armed forces during my tenure with the United States Navy. I successfully completed my obligation during my first enlistment prior to my reenlistment. I was asked by my superior to reenlist due to my outstanding job performance at Commander Submarine Group Two. When I reenlisted I was sent to "A" School located at Meridian, Mississippi. During my stay at this "A" School I was treated very poorly. To elaborate, I was sexually harassed in which put me in an undesirable situation. I used the chain of command to voice my concerns but nothing was taken care of. At the time I was left with no options but to leave my "A" School to be in more of a secured area. I agree that was not a good idea but the situation I was in I know many individuals would have done the same. The United States Navy has been good to me and again, I am very proud to have served for such a great organization. I do not wish to take my experiences in "A" School any further due to the fact that I do not want such behavior to tarnish the great reputation the U.S. Navy has. I do wish you will reconsider my request and I want to thank you for your time and attention.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of certificate of Honorable Discharge dated June 8, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USNR              960618 - 990608  HON
         Inactive: USNR (DEP)     950628 - 960617  COG

 Period of Service Under Review :
Date of Enlistment: 990609               Date of Discharge: 991001

 Length of Service (years, months, days):

         Active: 00 03 23
         Inactive: None

 Age at Entry: 20                          Years Contracted: 2 (2 months extension)

 Education Level: 12                        AFQT: 38

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 54

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

990609:  Reenlisted for a term of 2 years at COMSUBGRP TWO, Groton, CT.

 990923:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 15Jul99 to 0900, 7Sep99.
         Award: Forfeiture of $612 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
990924:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense.
990924:          Applicant advised of her rights and having consulted 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.
991012:  Commanding officer directed discharge general (under 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 991001 general (under 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).

The applicant states in issue 1 “ I was sexually harrassed (sic) in which put me in an undesirable situation. I used the chain of command to voice my concerns but nothing was taken care of. At the time I was left with no options but to leave my "A" School to be in more of a secured area.” Unfortunately, the applicant chose to go UA for 54 days and must be held accountable for her actions. The applicant committed a serious offense for which she could have been court martialed and received a felony conviction. T he Board found t he applicant’s discharge was proper and equitable and will not grant relief on the basis of this issue.

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with her pursuits and is reminded that she is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until 29 March 2000, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT- COMMISSION OF A SERIOUS OFFENSE .
B. In Appendix 12 of 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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