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NAVY | DRB | 2002_Navy | ND02-00538
Original file (ND02-00538.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND02-00538

Applicant’s Request
The application for discharge review, received 020319, 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 021206. 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/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 1910-106 (formerly 3630650).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.       As indicated in my military records, I was having difficulty adjusting to military life. I felt that everyone I turned to did not want to hear my reasons for disliking the military. It came to the point of me having an appointment every week or two to speak to a counselor or doctor at mental health. These meetings were not solving any of my problems because I had no mental disabilities or dysfunctions. The day before I left my duty station (Great Lakes, IL.) a guy that I met for the first time at a party raped me. I was not intoxicated and he was. As a result of this man's actions and the personal issues that already existed, I took it upon myself to resolve these problems and go home. I did not report the actions of this man at the time because of the feeling that no one was listening to what I was already going through. I felt the only people that would listen to me and help me through this ordeal would be my parents. I left my duty station on 02OCT97. While at home, on or about 21JAN98, I found out from a civilian doctor that I was approximately 4 months pregnant and due to have the baby at the end of June. At that time I decided I should return to Great Lakes and turn myself in to the Navy and deal with the consequences, so I could go on with my pregnancy and life without the worry of being caught. I turned myself in on 02FEB98, and was discharged on 19FEB98. While in the process of being discharged I did explain the details of the rape and was told that if I wished to locate the man, who is the father of my daughter, and press charges against him for his actions, I would have to remain there, at Great Lakes, for possibly 3 months (give or take). I decided against that because I had not yet had my first doctor visit to make sure that the baby and I were alright. I also had, nor have, no desire to see or hear from that man. I want nothing from him, and do not want any dealings with him. My daughter, K_ B_ H_, was born on 26JUN98. She and I are covered (for medical expenses) under New Jersey Family Care, but eventually I would like to have insurance through a full-time job. I am a hard working young person, and I refuse to live on welfare and abuse the system like so many others do. I am presently attending Gloucester County College to obtain my associates degree in Elementary Education. I plan on transferring to Rowan University to complete my bachelor's degree. I work part-time as a 9-1-1 dispatcher for Cumberland County. I would like my discharge changed to general, so I don't have to worry whether or not the other than honorable discharge will affect my obtaining a position in the teaching field. I know my leaving was not honorable but neither were the actions of that man. My short tour in the Navy was the first time I was away from home (like most young people) and when times got tough I needed to be at home to have my family help me deal with being raped. It has been approximately 4 years since this happened and I can now admit to myself that, yes, it did happen to me, and yes, I have a beautiful daughter, who, I am lucky to have.
Please consider my issues and understand my reasons for leaving the way I did. My only concern now is that I can provide for my daughter and give her the best.
If you need any further information or documents, please contact me, I would be
more than willing to provide you with it. Thank you for listening and considering my discharge upgrade.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant 's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     960726 - 961229  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 961230               Date of Discharge: 980219

 Length of Service (years, months, days):

         Active: 01 01 20         Does not exclude lost time
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 81

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 122

*No Marks Found in the service record.

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

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 1910-106 (formerly 3630650).

 Chronological Listing of Significant Service Events :

970717:  Medical Examination: AXIS I: Adjustment Disorder with depressed mood. Applicant is qualified to return to duty.
970902:  Applicant to unauthorized absence 0545, 970902.

970903:  Applicant from unauthorized absence 1350, 970903 (1 day/surrendered).

970926:  NJP. No further information found in service record.
         Award: No indication of appeal in the record. [Extracted from NAVPERS 1070/604.]
971002:  Applicant to unauthorized absence 0550, 971002.

971103:  Applicant declared a deserter.

 980131:  Applicant from unauthorized absence 1215, 980131 (120 days/surrendered).
980219:  DD Form 214: Applicant discharged under other than honorable conditions in lieu of a trial by court-martial, authority: NAVMILPERSMAN, Article 1910-106.

Separation package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 980219 under other than honorable conditions in lieu of a trial by court-martial (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

Issue 1. The Applicant’s discharge characterization accurately reflects her service to her country. The Applicant’s allegation that she was raped does not mitigate her misconduct. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely to enhance job opportunities, on the passage of time, or for good conduct in civilian life, subsequent to leaving the service.

The Applicant is reminded that she remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of her discharge. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until 10 July 2000, Article 1910-106 (formerly 3630650), SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL.

B. A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice, Article 86, unauthorized absence for a period more than 30 days, upon conviction by a Special or General Court-Martial, in accordance with the Manual for Courts-Martial.

C. 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.

D. 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.

E. 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 “ afls14.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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