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NAVY | DRB | 2002_Navy | ND02-00933
Original file (ND02-00933.rtf) Auto-classification: Denied


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

ex-MNSA, USN
Docket No. ND02-00933

Applicant’s Request
The application for discharge review, received 020618, requested that the characterization of service on the discharge be changed to honorable. 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 030331. 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

Prior to the documentary discharge review, the Applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter of Explanation (2 pages)
Letter from Applicant dated November 16, 2001
Certificate of Military Service
.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     890331 - 890417  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 890418               Date of Discharge: 910927

 Length of Service (years, months, days):

         Active: 02 04 03
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 77

 Highest Rate: MSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (2)    Behavior: 3.80 (2)                OTA : 3.90

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, HSM, Pistol Marksman (.45 Caliber), LOC (2)

 Days of Unauthorized Absence: 38(910709-910816)

 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 :

910503:  Retention Warning: Advised of deficiency (Misconduct: Alcohol abuse; specifically, arrest by civilian authorities for public disorderly conduct while on leave). Directed to attend Level II Alcohol Rehabilitation Treatment, notified of assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910731:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 910730 having been an unauthorized absentee since 0730 on 910709 from Mobile Mine Assembly Group, Charleston, SC.

910819:  Report of Return of Deserter. Applicant surrendered to military authorities on 910816 (1458) at COMOMAG CHASN SC. Returned to military control 910816 (1458). Retained on board pending disciplinary action/disposition.

910828:  NJP for violation of UCMJ Article 86: Unauthorized absence from 910709 until 910817 (37 days/S); violation of UCMJ Article 121: Wrongful appropriation of government property (refrigerator) of a value of $155.99.
         Award: Forfeiture of $422.00 pay per month for 2 months, restriction for 60 days, reduction to E-2. No indication of appeal in the record.
910828:  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 CO's NJP awarded on 910828, for 37 days unauthorized absence and wrongful appropriation of government property (refrigerator).
910828:  Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights and did not object to her separation from military service.
910830:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. Commanding Officer's comments: "Just prior to [Applicant]'s unauthorized absence, a downward trend, consisting of problems with indebtedness and an arrest for public disorderly conduct, was noticed. In light of these problems and the serious offenses for which she received NJP, it is felt that NMSA [sic] [Applicant], were she to remain on active duty, would continue to be a discipline problem."

910918:  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 910927 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 introduced no decisional issues for consideration by the NDRB. Subsequently, the Board reviewed the Applicant's service records to determine the propriety and equity of the separation process. The Applicant's commission of a serious offense, as evidenced by her nonjudicial punishment, did warrant administrative processing for discharge and no other narrative reason more clearly describes the circumstances surrounding the Applicant's discharge. Further, the records that the Board reviewed showed no mitigating or extenuating factors sufficient to offset the seriousness of the offenses for which the discharge was awarded. Relief on this basis is therefore denied.
The following is provided for the edification of the Applicant. There is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service. However, the NDRB is authorized to consider post-service factors in the recharacteriza-tion of a discharge. Outstanding post-service conduct, 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 may be considered. Verifiable proof of 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, and certification of non-involvement with civil authorities are examples of verifiable documents that may be provided to receive consideration for relief based on post-service conduct. At this time, the Applicant has not provided such documentation for the Board to consider an upgrade.

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), effective 15 Aug 91 until
04 Mar 93, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

 B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice Article 86, Absence without leave (more than 30 days) if adjudged at a Special or General Court-Martial.
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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