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NAVY | DRB | 2000_Navy | ND00-00967
Original file (ND00-00967.rtf) Auto-classification: Denied


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


ex-ABEAA, USN
Docket No. ND00-00967

Applicant’s Request
The application for discharge review, received 000816, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Personal Hardship. 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 010215. 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/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 1910-106 (formerly 3630650).






PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues (verbatim)

1. I would like to request a change to my DD-214 to reflect a change in character of service from under other than honorable conditions to general under honorable conditions. I would also like to request a change for the narrative reason for separation to reflect discharged because of a personal hardship.

2. I would also like to request a change to my record to reflect a positive status, so that I may obtain a VA home loan for myself and my dependent.

3. I am requesting consideration because I have suffered a great deal of personal hardship. The reason that I had several periods of time lost is because my mother was terminally ill and on several occassions, I was granted emergency Red Cross leave to visit my mother in the hospital. My intent when joining the Navy on Jan. 2, 1997 was to complete my enlisted time, and I was also hoping that the Navy would have been a permanent career choice, I did not know that my mother was terminally ill, when I joined in 1997.

 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 Live Birth for applicant
 Copy of Certificate of Death of applicant's mother

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USNR (DEP)     961203 - 970101  COG
Period of Service Under Review :
Date of Enlistment: 970101               Date of Discharge: 981209

 Length of Service (years, months, days):
         Active: 01 11 08
          Inactive: None
Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: Unknown
Highest Rate: ABEAA

 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: 184

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

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 1910-106 (formerly 3630650).
Chronological Listing of Significant Service Events :

980204:  Applicant to unauthorized absence 0700, 4Feb98.
980207:  Applicant declared a deserter. Unauthorized absence since 0700, 4Feb98.
980316:  Applicant missed ship's movement.
980326:          Applicant from unauthorized absence 1400, 26Mar98 (50 days/surrendered).
980327:  Applicant to unauthorized absence 0700, 27Mar98.

 980331:  Applicant from unauthorized absence 0720, 31Mar98 (4 days/surrendered).
980401:  Applicant to unauthorized absence 0700, 1Apr98.
980402:  Applicant from unauthorized absence 0740, 2Apr98 (1 day/surrendered).

 980407:  Applicant to unauthorized absence 0700, 7Apr98.
980814:  Applicant from unauthorized absence 1312, 14Aug98 (129 days/surrendered).
980817:  Applicant surrendered to military authorities from deserter status 1312, 14Aug98.
Separation package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 981209 under other than honorable conditions in lieu of a trial by court-martial (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 applicant’s issues 1 and 3, t he applicant requested that his characterization of discharge be upgraded and the reason for his discharge be changed to “hardship”. The NDRB, under its responsibility to examine the propriety and equity of a discharge, will change the characterization and reason for discharge if such a change is warranted. Even though the NDRB sympathizes with the applicant concerning the death of his mother, the applicant’s service record clearly documents the pattern of misconduct which resulted in the applicant’s discharge. The Board found that the applicant repeatedly went UA over a six month period. No other characterization of discharge or narrative reason for separation could more clearly describe why the applicant was discharged. Relief denied at this time.
In response to applicant’s issue 2, the Department of Veterans Affairs (DVA) is a separate agency that makes its own determinations on VA eligibility. There is no requirement or law that grants recharacterization based solely on the issue of obtaining veteran's benefits. The Board encourages the applicant to contact his nearest DVA Regional Office for further information regarding his VA eligibility. This is not an issue for which the Board will grant relief.
The following is provided for the applicant’s edification. T here 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 (E). 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) and certification of non-involvement with civil authorities (police records check) 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 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.


Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until 10 July 2000, Article 1910-106 (formerly 3630650), SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL.

B. A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice, Article 86, unauthorized absence for a period more than 30 days, upon conviction by a Special or General Court-Martial, in accordance with the Manual for Courts-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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