Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-00856
Original file (ND02-00856.rtf) Auto-classification: Denied


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


ex-SR, USN
Docket No. ND02-00856

Applicant’s Request
The application for discharge review, received 020603, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized. 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 030228. 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, as submitted

1. I was led to believe I was doing the right thing, not committing a crime. I was led to believe this by a representative of the United States Military. For a person of my age, it scarred me for life by putting my trust in my government.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from L_ M_, undated
Letter from Applicant, unsigned and undated
 Letter from a Member of Congress, dated June 19, 2000
 Letter to Member, U.S. House of Representatives from National Personnel Records Center, dated June 9, 2000
Statement from Applicant, undated

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR(DEP)               980728 - 990712  COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 990713               Date of Discharge: 000103
Length of Service (years, months, days):

          Active: 00 05 21         (DOES NOT INCLUDE LOST TIME)
          Inactive: None

 Age at Entry: 18                          Years Contracted: 4
Education Level: 12                        AFQT: 51

 Highest Rate: SR
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: 96

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605). [Note BUPERSINST 1900.8 list the authority as 3630600 instead of 3630605]

 Chronological Listing of Significant Service Events :

980728   Applicant signs Enlistment/Recruitment Document DD Form 4/1 certifying contractual agreement that she (Applicant) is enlisting in the Delayed Entry Program (DEP) with the understanding that she will report to the Dallas MEPS by 0500, 990713 for enlistment in the Regular component of the United States Navy for not less than 4 years. Applicant agrees to 12 months extension for DT school guarantee.
990617   Applicant signs agreement for 12 months extension for HM school guarantee and Navy College Fund guarantee.
990713   Applicant discharged from the DEP and confirms enlistment contract with the United States Navy this date. Oath administered, subscribed and duly sworn at Dallas MEPS.

990713   Applicant signed Agreement to Extent Enlistment NAVPERS 1070/621, with the understanding that new contract expiration date would be 040712.
990820   Recruit Training Command (RTC) Great Lakes, IL reported Applicant to unauthorized absence.
990913   RTC GREAT LAKES informed Applicant’s father of Applicant’s
                  unauthorized absence and requested she surrender to the nearest naval or
                  other military activity immediately. Father was also informed of the
                 gravity of the offense and she will be declared a deserter in 7 days.

990920:  Applicant declared a deserter.

 991124   Applicant returned to military custody at 1605 this date. Apprehended by Great Lakes Police Department and turned over to Recruit Training Command (RTC) Security from deserter status. Transported to ‘sleepers’ by direction of Commanding Officer, RTC.
991130   Applicant’s EAOS adjusted from 03JUL12 to 03OCT16 to reflect time lost due to unauthorized absence of 96 days.
991208:  NJP for violation of UCMJ, Article 86: Absent from place of duty 0700, 990820 until 1605, 991124 (96 days/apprehended).
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
991210:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidence NJP of 991208.
991210:  Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation

991217:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by NJP of 991208. Commanding Officer’s comments (verbatim): [SR M_ (Applicant) is an administrative and discipline burden. Her conduct represents a significant departure from the conduct expected from members of the naval service. SR M_ (Applicant) has no potential for further useful naval service. I recommend separation from the naval service with an Other Than Honorable discharge.]
991223:  Commander, Naval Training Center, Great Lakes, IL directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 000103 under other than honorable conditions for misconduct due to absent without leave - 30 days or more (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: 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. The Board found the Applicant’s age, education level, and test scores qualified her for enlistment. The Applicant did sign an enlistment contract, take the oath and was under contractual obligation to serve 5 years of active duty in the United States Navy. The record is devoid of any evidence to support the Applicant’s claim that the recruiter misled her or the she should not be held accountable for her actions. The Applicant was responsible for her actions and must accept the consequences of her own misconduct. Relief denied.

Additionally, t here 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, a positive employment record, documentation of community service and certification of non-involvement with civil authorities are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. 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), Change 18, effective
12 Dec 97 until Present, 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 “ 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

Similar Decisions

  • NAVY | DRB | 2002_Navy | ND02-00673

    Original file (ND02-00673.rtf) Auto-classification: Denied

    SR D_ T_ presented a written statement, which I reviewed while in legal, which told of how she had overheard these girls talking about how they were going to "get me" and other things, but her statement was not even taken into account, nor was she present at the mast in front of LCDR C_. 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,...

  • NAVY | DRB | 2000_Navy | ND00-00972

    Original file (ND00-00972.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Letter from applicant's mother dated January 5, 2000 (2 copies)Letter from applicant's deceased father's doctor dated March 14, 2000 (2 copies)Letter from Hospice re applicant discharge processing undated (2 copies) Hospice Caregiver education record (2 copies) Copy of applicant's father's certificate of death (2 copies) PART II - SUMMARY OF...

  • NAVY | DRB | 2002_Navy | ND02-00675

    Original file (ND02-00675.rtf) Auto-classification: Denied

    (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application. Axis III: No Known Medical Disorder by History. While it appears, from the medical record, that the Applicant was recommended by competent medical authority to be administratively separated due to the severity of a subsequently diagnosed personality disorder, the Applicant...

  • NAVY | DRB | 2001_Navy | ND01-00299

    Original file (ND01-00299.rtf) Auto-classification: Denied

    I have submitted this application because I would like to re-enter the Navy. 981229: Commander, Naval Training Center, Great Lakes authorized the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. Although the applicant’s discharge characterization was proper at the time of discharge, because of equitable considerations, the Board voted to grant the applicant relief, and change his discharge characterization to...

  • NAVY | DRB | 2001_Navy | ND01-00360

    Original file (ND01-00360.rtf) Auto-classification: Denied

    ND01-00360 Applicant’s Request The application for discharge review, received 010202, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Statement from applicant Copy of DD Form 214 Two pages from applicant's service record PART II - SUMMARY OF SERVICE Prior Service (component, dates of...

  • NAVY | DRB | 2002_Navy | ND02-00356

    Original file (ND02-00356.rtf) Auto-classification: Denied

    ND02-00356 Applicant’s Request The application for discharge review, received 020204, requested that the characterization of service on the discharge be changed to general under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Michigan Dept of Social Services, Medical Needs, ICO N_ C_, dtd 6/15/99 PART II - SUMMARY OF SERVICE Prior Service (component, dates of...

  • NAVY | DRB | 2002_Navy | ND02-01225

    Original file (ND02-01225.rtf) Auto-classification: Denied

    ND02-01225 Applicant’s Request The application for discharge review, received 020828, requested that the characterization of service on the discharge be changed to honorable. Award: Restriction for 60 days, reduction to AR. The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.

  • NAVY | DRB | 2003_Navy | ND03-00483

    Original file (ND03-00483.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to entry level separation or uncharacterized and the reason for the discharge be changed to Entry Level Separation. My reason for separation be changed to “entry level separation.”” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Supplemental statement of Applicant provided by civilian counsel,...

  • NAVY | DRB | 2002_Navy | ND02-00676

    Original file (ND02-00676.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's DD Form 214 Statement of Service dated June 21, 2001 Twenty-five pages from Applicant's civilian medical record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 000630 - 001019 COG Active: None Period of Service Under Review :Date of Enlistment: 001020 Date of Discharge: 010417 Length...

  • NAVY | DRB | 2002_Navy | ND02-01121

    Original file (ND02-01121.rtf) Auto-classification: Denied

    At this time, the applicant has not provided such documentation for the Board to consider. The Applicant 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. 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...