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NAVY | DRB | 2001_Navy | ND01-00299
Original file (ND01-00299.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND01-00299

Applicant’s Request
The application for discharge review, received 010116, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 010629. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but found the character of discharge inequitable. The Board’s vote was three to two that the discharge shall change. The discharge shall read: Uncharacterized (Entry Level Separation)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I have submitted this application because I would like to re-enter the Navy. I realize I made mistake while enlisted in the navy, now I want to right my wrongs. I want to serve my country proudly.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     980912 -980927   COG

 Period of Service Under Review :
Date of Enlistment: 980928               Date of Discharge: 990105

 Length of Service (years, months, days):

         Active: 00 01 22
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: NMA

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 45

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

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

 Chronological Listing of Significant Service Events :

981125:  NJP for violation of UCMJ, Article 86: On or about 980928, without authority, absent himself from his organization to wit; RTC, GLKS, IL and did remain so absent until on or about 981113.
         Award: Forfeiture of $199.00 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
981202:  Report of Return of Deserter. Applicant surrendered onboard NAVCRUITRACOM GREAT LAKES, IL on 981113 (0030). Returned to military control 981113 (0030). Retained onboard pending disciplinary action.
981202:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
981202:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
981207:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

981229:  Commander, Naval Training Center, Great Lakes authorized 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 990105 under other than honorable conditions for misconduct due to commission of a serious offense (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 but inequitable (C and D).

 The applicant’s issue states: “I have submitted this application because I would like to re-enter the Navy. I realize I made mistake while enlisted in the navy, now I want to right my wrongs. I want to serve my country proudly.” The Board is under no obligation to upgrade an applicant’s discharge to allow him/her the opportunity to re-enter any branch of military service. Relief denied.

 The NDRB considered the applicant’s issues, his misconduct, as well as his length of service. The Board determined under normal circumstances, misconduct involving unauthorized absence of 30 days or more, categorized as desertion, warrants a discharge characterization, at a minimum, of under Other Than Honorable conditions. However, the Board determined the applicant had not attended boot camp and had not received his initial indoctrination into the military way of life, at the time his unauthorized absence began. The applicant enlisted on 28 September 1998, at the USN Recruiting District, Philadelphia, PA, then went on unauthorized absence from Recruit Training Center (RTC), Great Lakes, on 28 September 1998. Although the applicant’s discharge characterization was proper at the time of discharge, because of equitable considerations, the Board voted to grant the applicant relief, and change his discharge characterization to Entry Level Separation, Uncharacterized, based on the short duration of his military enlistment and lack of initial military indoctrination. The Board determined a discharge characterization of General (under Honorable conditions) was not warranted, because the applicant’s service was not under Honorable conditions. The reason for discharge shall remain the same.

 The applicant is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.







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. 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.

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 " afls10.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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