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NAVY | DRB | 2001_Navy | ND01-00842
Original file (ND01-00842.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND01-00842

Applicant’s Request
The application for discharge review, received 010607, 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 as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 011214. 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 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. On 18 Dec 1996, I entered active duty in the Navy at Jacksonville, FL MEPS. I completed basic training in Feb 1997 and was placed into the Airman Apprenticeship Program at Great Lakes Naval Training Center. I was informed by the job counselor that I was being placed into the Electrical/Mechanical Equipment Repairman field. I stated my job preference for the Weather field and was told I had no choice in the matter. I have always wanted to be in a job related to weather and took several classes in high school that related to weather. I was very disappointed to find this news out, but understand the needs of the Navy comes first. I was assigned to the USS ROOSEVELT (CVN-71) and accepted with pride, I looked forward to being on an Aircraft Carrier as famous as the USS ROOSEVELT. I arrived on the ship in Saudi Arabia and remained at sea for approximately five months. I performed my duties in an outstanding manner as indicated by my supervisors. I was honored to serve my country in a hostile part of the world. The six months deployment ended at Newport News, VA. The ship was scheduled for complete renovation which originally was to last about 1 1/2 years, but after a couple of months there were told it would take about 2 1/2 years. I was very happy and content to serve at sea, but the situation in dry dock for so long unbearable. The working conditions was very hazardless and dangerous with unlimited working hours. Since there was no rooms available in the area dormitories, I was forced to work and live 24 hours a day on the ship. I couldn't afford a car and the expenses of a car since my pay was so low. The situation became overwhelming so I requested a transfer to the USS Truman which was scheduled to deploy at sea within a month, I was informed by my Commander that you had to have 2 years on the ship before a transfer is possible. This was very disturbing news and couple that with the fact I couldn't get into the weather field, this was very discouraging to me. There were several people in this situation on the ship which produced much negativity among the young airmen. I started associating with the wrong crowd which started my string of unauthorized absences, I was only 19 years old at the time just out o high school and as in school, was easily influenced by peer pressure. There were many airmen getting discharged early and I decided with the current situation that I wanted to get out early. It just looked like the situation would get worse instead of better. I went before my commander who informed me the discharge would be under other honorable conditions for misconduct due to the unauthorized absence. I didn't realize it at the time that this would follow me the rest of my life because I just wanted to get out of the situation I was in. I'm older and much more mature now and realize how important your actions can affect your future. I know now that I made a bad mistake at the time by not dealing with the situation until it got better. I promise you the same mistake will never happen again. I'm requesting your favorable consideration in upgrading my discharge to General/Under Honorable Conditions. This approval would make me eligible for prior service enlistment with a waiver. I'm considering a career in the military. Thanks in advance for your favorable consideration in this matter.


 Documentation
In addition to the service record (NO DISCHARGE PACKAGE AVAILABLE), the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)
Letter from Applicant
Copy of Evaluation Report & Counseling Record (2pgs)
Copy of Airman Apprentice Certificate of Completion
Copy of Airman Apprentice Certificate of Completion (Aircraft Cleaning and Corrosion Control Course)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     961122 - 961217  COG

 Period of Service Under Review :
Date of Enlistment: 961218               Date of Discharge: 980122

 Length of Service (years, months, days):

         Active: 00 08 23
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 34

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 2.00 (1)                OTA: 2 .86 (5.0 Eval System)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 106

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 :

970811:  NJP for violation of UCMJ, Article 86: (Specifications), Spec 1:UA from unit 0700, 970616 until 1030, 970619(3days/S); Spec 2: UA from unit 0700, 970621 until 0700, 970624(3days/S); Spec 3: UA from unit 0700, 970626 until 1200, 970721(25days/S); Spec 4: UA from unit 1530, 970721 until 0600, 970731(10days/S).
         Award: Forfeiture of $450.00 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.

971119:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86: UA from unit 970925 until 971031 (35days/A). Charge II: violation of the UCMJ, Article 92: Wrongful possession of drug paraphernalia.
         Finding: to Charge I and II, and the specification thereunder, guilty.
         Sentence: Forfeiture of $600.00 pay per month for 1 month, reduced to E-1, and confinement for 30 days.
         CA action 970217: Sentence approved and ordered executed.

971124:  Released from confinement and restored to full duty.

980109:  NJP for violation of UCMJ, Article 86 (2 Specs): UA from unit 971126 to 971224(28 days/S); Spec 2: UA from unit 980106 to 980108 (2 days/S).
         Award: Forfeiture of $463.00 per month for 1 month, and Bread & Water for 3 days. No indication of appeal in the record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980122 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).

Issue 1. The Board found that while he may feel that his youth and dissatisfaction with some aspects of Navy life were factors that contributed to his actions, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. Under other than honorable conditions is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he applicant’s service was marred by award of nonjudicial punishment (NJP) for offenses triable by court-martial on two occasions and a summary court-martial on another occasion. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

 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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