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NAVY | DRB | 2001_Navy | ND01-00085
Original file (ND01-00085.rtf) Auto-classification: Denied


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

ex-EMFA, USN
Docket No. ND01-00085

Applicant’s Request
The application for discharge review, received 001023, 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 010503. 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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. Dear Sir or Madam:

I joined the United States Navy February 18, 1992 for several important reasons. The first reason I joined the Navy was that I believed the Navy would be able to give me a sense of direction, as well as, a potential career path to follow. I also joined the Navy because I knew that the military offered post-service collegiate opportunities. The most important and final reason for joining the Navy was my father and grandfather had served their country, and I wanted the honorable opportunity to serve my country as well.

I joined the military with the desire to serve my country with honor and pride. However, the last five months of my service, I made several bad errors of judgment. That is the reason for this letter today. It is with deep regret that I did not serve my entire four-year enlistment to the fullest extent. I was on an unauthorized absence due to poor judgment for five months. I would like to take this opportunity to explain the situation that I was in at the time. Regardless of my explanation, I know that this is no excuse for my actions; however, I ask an important moment of your time to tell my version of the events that took place.

During my last nine months of enlistment I met a young woman that I began a serious relationship with. As the relationship progressed-four months into the relationship, she would abandon her children. She would leave her children without any adult supervision for days even weeks at a time. This put me in the situation to be their caretaker. I was concerned that if I left the children would go uncared for. Due to the fact that the grandmother did not want to have the responsibility of caring for the children, she would not assist in this situation. I did not want to call the authorities. Because I cared for and loved the children, I was afraid that the children would be separated. The children were already afraid of their mother being away. The children's natural fathers did not vant any part of their lives.

I knew that the situation that I put myself in was my decision. I regret that I did not follow the proper procedures by asking my superiors for the help that I needed in this situation.

Prior to the above-mentioned events, I served three years and seven months with an impeccable record of conduct. I served my country in the Gulf War in which I retained a National Defense Service Medal and the Meritorious Unit Commendation, Navy "E" Ribbon. I also obtained the Southwest Asia Service Medal, Sea Service Deployment Ribbon and the Kuwait Liberation Medal (KUWAIT). I am very proud that I was given the opportunity to serve my country on the USS KITTYHAWK (CV-63) as a Shipboard Electrician.

After being discharged from the military, I asked God to help me change my life to live with the dedication that I gave when I first joined the military. I have since left the situation in California and returned home to start my future once again. I am currently employed with the City of Gainesville as a Power Plant Operator in Gainesville, Florida. I am planning to pursue education that I first began in the military. I am receiving hands on training with the City of Gainesville. I have also married a dedicated and loving woman that also wants me to invest in my future through a college education for the benefit of my family and myself.

I am asking today that the NAVY COUNCIL OF PERSONNEL BOARDS to review my application to appeal my discharge. The status of my discharge is currently under "other than honorable conditions".

I know that my past behavior does not excuse my failure to comply with Navy regulations. At the time, I wanted to do what I thought what was best for the children; however, I did not realize the situation that I was putting myself and my future in. I would like to have my "other than honorable discharge" changed to "honorable discharge" so that I may pursue my education.
 Thank you for your time in reviewing my application and letter. Sincerely,

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     910716 - 920217  COG

 Period of Service Under Review :
Date of Enlistment: 920218               Date of Discharge: 960411

 Length of Service (years, months, days):

         Active: 04 01 24         Does not exclude lost time
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 56

 Highest Rate: EMFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (2)    Behavior: 3.70 (2)                OTA: 3.60       4.0 evals
 Performance: 2.00 (1)    Behavior: 1.00 (1)                OTA: 2.00       5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC, NER, NDSM, SASM, SSDR, KLM

 Days of Unauthorized Absence: 156

 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 :

920219:  You are being retained in the Naval service, despite your defective enlistment and induction due to fraudulent entry into naval service as evidenced by your failure to disclose your preservice civil involvement: THC (in DEP) within 30 days. However, any further deficiencies in performance or conduct may result in processing for administrative separation.

 951007:  Applicant to unauthorized absence 0530, 7Oct95.

951007:  Applicant missed ship's movement.

951015:  Applicant missed ship's movement.

951031:  Applicant missed ship's movement.

951106:  Applicant declared a deserter.

960129:  Applicant missed ship's movement.

 960311:  Applicant from unauthorized absence 1800, 11Mar86 (156 days/surrendered).
960312:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0530, 7Oct95 to 1800, 11Mar86; violation of UCMJ, Article 87 (2 specs): Missed ship's movement on 7Oct95 and 15Oct95.
         Award: Forfeiture of $490 per month for 2 months, restriction and extra duty for 45 days, reduction to EMFA. No indication of appeal in the record.

960312:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidence by absent without leave (30 days or more).
960312:          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

960312:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense.

960322:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960411 under other than honorable conditions for misconduct due to absent without leave (30 days or more) (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 Board found that the applicant was UA for 156 days, missed ship’s movement on several occasions and was declared a deserter. The applicant was brought to CO’s NJP for his offenses and then was administratively separated from the service. The applicant explains in issue 1 that there were extenuating circumstances that led to his misconduct. The Board found nothing in the records nor did the applicant submit any supporting documentation that showed that his personal problems were of sufficient magnitude that they could not be resolved through standard military channels or by the applicant’s chain of command. The Board will not grant relief on the basis of this issue. In addition, the Board has no obligation to change the applicant’s discharge in order to allow him to go back to school.

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 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 9, effective
22 Jul 94 until 02 Oct 96, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT.

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, Article 87, missing ship’s movement, 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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