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NAVY | DRB | 2002_Navy | ND02-00745
Original file (ND02-00745.rtf) Auto-classification: Denied


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

ex-ENFR, USN
Docket No. ND02-00745

Applicant’s Request
The application for discharge review, received 020430, 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 030206. 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

Issues, as submitted

1. I was given an other than honorable discharge due to unauthorized absences. I can not deny I was absent. However, I feel I had compelling circumstances. My father, S_ F_ SR. was diagnosed with renal failure in 3/91 and soon after put on a kidney transplant donor list. In the mean time he was on dialysis and had to travel about 120 miles round trip 3 times a week for dialysis. He developed other medical problems during this time - my mother's statement. My mom contacted Senator T_ D_'s office may 1991 for assistance in getting me discharged so I would be available for testing and a possible donor and to assist the family at home. Senator D_ contacted the navy but I do not know what action was taken as I then had periods of unauthorized absences. I plead with you to please reconsider my discharge.

 Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant's mother
Letter from Senator T_ D_
Letter from Senator T D_ (No Signature)
Applicant father's Certificate of Death.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     891030 - 901002  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 901003               Date of Discharge: 920205

 Length of Service (years, months, days):

         Active: 01 00 21
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 35

 Highest Rate: ENFR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA : NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 103

 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 :

910708:  UA from 0515 90708 to 1035 910710 (2 days/S).

910725:  Retention Warning: Advised of deficiency (Poor military performance: without authority, absent from organization, to wit; Service School Command, Great Lakes, Illinois), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
911017:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 911007 having been an unauthorized absentee since 0515, 910906 from SERVSCOLCOM GREAT LAKES IL.

911218:  NJP for violation of UCMJ, Article 86: UA from 0515, 910906 until 1930, 911216 (101 days/S).
         Award: Forfeiture of $370.00 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.

911219:  Report of Return of Deserter. Applicant surrendered to military authorities on 911216 (1930) at TPU GLAKES IL. Returned to military control 911216 (1930). Retained on board for disciplinary action disposition.
911224:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by your Commanding Officer's NJP of 911218.
911224:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
920102:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

920116:  BUPERS 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 920205 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 states he commenced his period of unauthorized absence to assist his father. His father suffered from renal failure and required a kidney to survive. The Applicant hoped to be the donor. The NDRB recognizes that serving in the U.S. Navy can place a great hardship on its personnel. There were ways for the Applicant to have served and help his father at the same time, but the Applicant decided commencing a period of unauthorized absence was his best course of action. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most members of the Navy serve honorably and therefore earn their honorable discharges. In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. The NDRB agrees that the Applicant's service was equitably characterized as being performed under other than honorable conditions.

The following is provided for the benefit of the Applicant. Normally, to permit relief, the discharge or characterization of the Applicant's service had to be improper or inequitable. 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. Relief denied.

 The Applicant is reminded that the period of eligibility for a personal appearance hearing is 15 years from the date of discharge. The application package must be submitted to the NDRB prior to the expiration of the 15 year period. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. 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), effective 15 Aug 91 until
04 Mar 93, Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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 " 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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