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NAVY | DRB | 2001_Navy | ND01-00558
Original file (ND01-00558.rtf) Auto-classification: Denied


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

ex-BMSA, USN
Docket No. ND01-00558

Applicant’s Request
The application for discharge review, received 010321, 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 010808. 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

 1. I feel that my service record, and accomplishments can aid to the discharge decision of this appeal.

 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                        880204 - 920202  HON
         Inactive: USNR (DEP)     871007 - 880203  COG

 Period of Service Under Review :
Date of Enlistment: 920203               Date of Discharge: 940503

 Length of Service (years, months, days):

         Active: 02 02 13
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 12                        AFQT: 32

 Highest Rate: BM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (4)    Behavior: 2.90 (4)                OTA: 3.1

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR(2), BATTLE"E"RIBBON(2), NDSM, SASM, NUC, JMUA

Days of Unauthorized Absence: 18

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 :

920203:  Reenlisted onboard USS THEODORE ROOSEVELT (CVN-71) for 4 years.

920825:  Retention Warning: Advised of deficiency (Being in the OBESE category as diagnosed by an authorized medical department representative and having no medical conditions which preclude meeting required standards), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

921031:  NJP for violation of UCMJ, Article 81: Did on or about 920922 conspire with SA A____ to commit an offense unde the UCMJ, to wit: Breaking restriction, and in order to effect the object of the conspiracy the said SA A____ and BM3 S____ did state that they were required to attend training aboard the USS YELLOWSTONE, violation of UCMJ Article 107: Did on or about 920922, with intent to deceive, make to the duty master at arms, an official statement, to wit: that he had to escort SA A_____ to training aboard USS YELLOWSTONE to get training on their crane which statement was totally false, violation of UCMJ Article 134: Having knowledge that SA A___ had been restricted to the limits of USS DETROIT by a person authorized to do so, did, on or about 920922, assist SA A____ to break said restriction.
         Award: Reduction to next inferior pay grade (suspended for 6 months). No indication of appeal in the record.
         
930805:  NJP for violation of UCMJ, Article 86 (2 Specs), Spec 1: UA from 0715-0805, 930621, Spec 2: In that on 930711, did absent himself from his watch.
         Award: Forfeiture of $100.00 per month for 2 months, restriction to the ship for 30 days, reduction to E-3. No indication of appeal in the record.

931129:  Retention Warning: Advised of deficiency (Failure to meet body fat requirements), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

940302:  NJP for violation of UCMJ, Article 86: UA from 2100 940101 to 0700 940104, violation of UCMJ Article 107: False statements.
         Award: Forfeiture of $200.00 per month for 1 month, restriction and extra duty for 30 days, reduction to E-2. No indication of appeal in the record.
940405:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense, as evidenced by CO's NJP on 921031 for violation of the UCMJ, Article 107 making false official statements, CO's NJP on 940224 for violation of the UCMJ, Article 107 making false official statements, your service record and all misconduct occurring during current enlistment.
940406:          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.
940408:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by CO's NJP on 921031 for violation of the UCMJ, Article 107 making false official statements, CO's NJP on 940224 for violation of the UCMJ, Article 107 making false official statements, your service record and all misconduct occurring during current enlistment.

940427:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 940418 having been an unauthorized absentee since 0700, 940418 from USS DETROIT.

940428:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

940505:  Report of Return of Deserter. Deserter UA from USS DETROIT since 0700, 940418. SNM was pending approval of ADSEP when he deserted. PERS-83 approved ADSEP 940428. Requests SNM be removed from the deserter files to discharge SNM in absentia on 940504.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940503 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 and equitable (C and D).

 The applicant’s issue states: “I feel that my service record, and accomplishments can aid to the discharge decision of this appeal.” The NDRB reviewed the applicant’s service record and found that the applicant’s misconduct outweighed his otherwise positive service. The record shows that after being processed for separation the applicant deserted from the service and was discharged in absentia. The Other Than Honorable discharge accurately characterizes the applicant’s service. Relief is not warranted.

 The NDRB is authorized to consider post-service factors in the re characterization of a discharge. 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, may be considered by the NDRB. The applicant failed to provide documentary evidence to demonstrate his sobriety, positive community service, employment history, and clean police record. Relief is not warranted.

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 recommended


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. 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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