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NAVY | DRB | 2001_Navy | ND01-01194
Original file (ND01-01194.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND01-01194

Applicant’s Request
The application for discharge review, received 010920, 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 020419. 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 (verbatim)

 1. I L_____ Q_____, respectfully request that the review board change my military discharge be changed from other than honorable to general under honorable condition. Everybody makes mistakes and I realized that me leaving the military was one of mine. I requested a discharge because I was enduring a lot of stress. Holding it in just made matters worse. After the military I managed to find a faithful relationship with my savior, God, I just recently had a beautiful baby girl and have a good job at Pioneer Exterminating. I attended a school at Orkin Exterminating were I picked up the trade of pest control and I someday would like to own and run my own business. All I need is closure with my military background.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Certificate of Completion from Orkin University
Copy of Pest Control License.

PART II - SUMMARY OF SERVICE

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

 Period of Service Under Review :
Date of Enlistment: 960419               Date of Discharge: 990507

 Length of Service (years, months, days):

         Active: 02 10 03
         Inactive: None

 Age at Entry: 19                          Years Contracted: 3

Education Level: 12                        AFQT: 32

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

Military Decorations: None

 Unit/Campaign/Service Awards: BATTLE"E"RIBBON, AFEM, SSDR

Days of Unauthorized Absence: 183

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 :

980219:  Retention Warning: Advised of deficiency (Violation of the UCMJ, Article 86: Unauthorized absence; Article 87: Missing movement; Article 107: False official statement; Article 121: Larceny), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. [Extracted from case file]
        
980219:  NJP for violation of UCMJ, Article 86: Absence from unit 980105 to 980205(32days/S), violation of UCMJ Article 87: Missing movement, violation of UCMJ Article 107: False official statement; violation of UCMJ Article 121: Larceny.
         Award: Forfeiture of $450.00 pay per month for 2 months, restriction for 60 days, reduction to E-1. No indication of appeal in the record.

980903:  Applicant declared a deserter on 980901 having been an unauthorized absentee since 0700, 980824 from USS CLEVELAND (LPD 7).

990301:  Applicant's request for disposition of offenses at Summary Court-Martial [Extracted from case file].

990305:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86: On or about 980824, absent himself from his unit, and did remain so absent until on or about 990122 (151days/R).
         Specification:
         Finding: to Charge I and the specification there under, guilty.
         Sentence: Confinement for 30 days.
         CA action 990305: Sentence approved and ordered executed.

990330:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense [Extracted from case file].
990330:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights [Extracted from case file].

990401:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and pattern of misconduct.

Undated:         Commander, Navy Region, Southwest 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 990507 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 applicant described the circumstances surrounding discharge and requested a change based on his post service conduct. The record shows the applicant had one NJP for violation of UCMJ Articles 86 (32 days), 87, and 92, as well as a Summary Court Martial for Article 86- 151 days UA. 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 clemency, based on post-service conduct. The applicant did not provide any of these documents. 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.

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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