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NAVY | DRB | 2001_Navy | ND01-00709
Original file (ND01-00709.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND01-00709

Applicant’s Request
The application for discharge review, received 010424, 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 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 of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issue verbatim:

 1. Veterans was informed that due to on unlawful hearing that his discharge would be upgraded to honorable. I was informed of this in June 197 by Yeoman 2 nd Class C___ who at the time was in charge of records. Please reply .

 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: USN                        None
         Inactive: USNR (DEP)     840717 - 841016  COG

 Period of Service Under Review :
Date of Enlistment: 841017               Date of Discharge: 870414

 Length of Service (years, months, days):

         Active: 02 05 28
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 49

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.73 (3)    Behavior: 2.30 (4)                OTA: 3. 00

 Military Decorations: None

 Unit/Campaign/Service Awards: ESWS, BATTLE"E"

Days of Unauthorized Absence: 46

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

850805:  NJP for violation of UCMJ, Article 86: UA, (2 Specs), Spec 1: Did at on or about 0530 850730, without authority fail to go at the time prescribed to his appointed place of duty to wit: Duty as food service attendant on board USS BONEFISH Mess Deck, Spec 2: Did at on or about 0530 850730, without authority absent himself from his place of duty at which he was required to be to wit: USS BONEFISH (SS-582) Crews Mess located at Pier "N" Charleston Naval Station and did remain so absent until on or about 1400, 850731.
         Award: Correctional Custody Unit for 30 days, forfeiture of $347.00 per month for 2 months. No indication of appeal in the record.

861112:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 861103 having been an unauthorized absentee since 1410, 861002 from USS BONEFISH (SS-582).

861121:  Report of Return of Deserter. Applicant surrendered to military authorities] on 861120 (1019) at USS BONEFISH at Charleston, SC Returned to military control 861120 (1019). Retained onboard for disciplinary action.

861201:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86: UA from 861002 to 861117 [45days/S].
         Finding: to Charge I and the specification thereunder, guilty.
         Sentence: CHL for 25 days, forfeiture of $518.00 pay per month for 1 month, reduced to E-1.
         CA action 861216: Approved Findings and sentence.

870105:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
870105:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
870128:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed a serious offense, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

870402:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

870410:  CNMPC directed 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 870414 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: “Veterans was informed that due to on unlawful hearing that his discharge would be upgraded to honorable. I was informed of this in June 1987 by Yeoman 2 nd Class C___ who at the time was in charge of records. Please reply .” The NDRB carefully reviewed the applicant’s service record and found no impropriety or inequity. The applicant did not provide any documentation to support his issue. The record shows the basis for the discharge was the applicant’s conviction at Summary Court Martial for Unauthorized Absence for 45 days. The applicant was afforded his due process throughout the discharge proceedings. The discharge was proper and equitable. Relief is denied.

 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 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 15560, Change 7/86, effective
15 Dec 86 until 14 Jun 87), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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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