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NAVY | DRB | 2001_Navy | ND01-00702
Original file (ND01-00702.rtf) Auto-classification: Denied


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

ex-MSSR, USN
Docket No. ND01-00702

Applicant’s Request
The application for discharge review, received 010430, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to convenience of the government. The applicant requested a documentary record discharge review. The applicant listed American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 011127. 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 and narrative reason 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

 1. Congressman P___ D___'s office (F___ V__ C___) contacted my command prior to my discharge. My command told Mr V__ C__ that I would receive an honorable characterization of service but I did not.

2. The basis for my discharge should more appropriately have been convenience of the govt since the Art 15's I received were all minor - being a few minutes late for work, the 3 RD Art 15 was being UA for 9 days. I surrounded myself to my command. I spent 2 or 3 weeks in the brig which I have since learned was not authorized for my offenses.

3. (Equity Issue) This former member further requests that the Board include provision of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conducts, in assessing the merits of this application.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
VA Claimants Statements (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     960229 - 960304  COG

 Period of Service Under Review :
Date of Enlistment: 960305               Date of Discharge: 980302

 Length of Service (years, months, days):

         Active: 01 11 29
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (12 months extension)
Education Level: 12                        AFQT: 37

 Highest Rate: MSSR

 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: 8

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 :

970729:  NJP for violation of UCMJ, Article 86: Absence without leave.
         Award: Oral Admonition, restriction for 60 days (suspended for 60 days), reduction to E-1. No indication of appeal in the record.

971120:  NJP for violation of UCMJ, Article 107: False official statement.
         Award: Received Oral Admonition; Correctional Custody for 30 days. No indication of appeal in the record.

971220:  NJP for violation of UCMJ, Article 86: Did on or about 0430, 971211 without authority absent himself from his duty at which he was required to be to wit: Duty MS/Galley Watch Captain under instruction upon reporting to liberty on board USS TUCSON (SSN 770), located at pier S21 at Naval Submarine Base, Pearl Harbor, Hawaii and remain so absent until he was apprehended on or about 1730, 971219 [8days/A]; violation of UCMJ, Article 87: Missing ship's movement on or about 0530, 971217.
         Award: Forfeiture of 1/2 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
980126:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense as evidenced by your CO's NJP on 971220 for violation of UCMJ Article 86 (unauthorized absence) and UCMJ Article 87 (missing movement).
980126:  Applicant advised of his rights and having elected to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to submit statements, the right to General Court-Martial Convening Authority review if I have under 6 years total active and/or military service, and to obtain copies of the documents used to support the basis for the separation.

980210:  GCMCA (Commander Submarine Force, U.S. Pacific Fleet) reviewed administrative discharge package and determined it has been appropriately processed.

980611:  Commander, Submarine Squadron recommended 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 980302 general (under 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).

Issue 1. The applicant provided no documentation to support his assertion that his command intended to discharge him with an honorable discharge. The official records clearly indicate the applicant was processed for separation under honorable conditions (general). Relief denied.

Issue 2. The Board disagrees with the applicant’s claim that the narrative reason for his discharge is more appropriately described as convenience of the government. T he applicant’s service was marred by award of nonjudicial punishment (NJP) for offenses triable by court-martial (false official statement, and missing ship’s movement), constituting commission of a serious offense. The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in naval service, and falls short of that required for an honorable characterization of service. No other narrative reason more clearly describes the reason the applicant was separated from the naval service. A change would be inappropriate. Relief denied.

Issue 3. The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.


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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