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NAVY | DRB | 2002_Navy | ND02-01121
Original file (ND02-01121.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND02-01121

Applicant’s Request
The application for discharge review, received 020812, 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 listed a member of Congress as the representative on the DD Form 293. In the acknowledgment letter to the Applicant , he was informed that members of congress do not represent Applicants before the Board and that written authorization must be obtained from the Congressman. Such authorization was not received; therefore case reviewed without representation.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030501. 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. My discharge is inequitable because I served less than six months. I had a drug and alcohol problem, and while I was UA I went to a 28 day Drug/Alcohol rehab. While in Great Lakes I went through Detox and it impaired my judgment and rational thinking, and that is why I went U.A., merely to drink. Since being discharged from the Navy, I attended college, but my finances will not allow me to go anymore, and with an OTH I do not qualify for any help.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Member of Congress, dated July 31, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR(DEP)               000218 - 000807  ELS
                  USNR (DEP)               010118 - 010130  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010131               Date of Discharge: 010705

 Length of Service (years, months, days):

         Active: 00 05 05
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 66

 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: 108

 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 :

010201:  Moment of Truth Statement: Recruits disclosure: DUI (drugs), 1/00, Sumerset, KY. Reduced to reckless driving/paid $200/safe driving; speeding, 12/00, Nicholasville, KY, pending, marijuana (450X), 10/97 - 1/02 (in DEP). Disclosed no drug use before today.
010620:  NJP for violation of UCMJ, Article 86: Unauthorized absence 0730, 010213 until 1435, 010531 (108 days/surrendered).
         Award: Forfeiture of $245 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.

010626:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by OIC's NJP of 20 Jun 01 and defective enlistment and induction due to fraudulent enlistment as evidenced by Moment of Truth.
010626:  Applicant advised of 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

010627:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by OIC's NJP of 20 Jun 01 and defective enlistment and induction due to fraudulent enlistment as evidenced by Moment of Truth.

010627:  Commander, Naval Training Center, Great Lakes, IL directed the Applicant's discharge under other than honorable conditions by reason of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010705 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
The Applicant contends that his discharge was not equitable because he served less than six months. The Board, however, disagreed with the Applicant’s logic. The Board found that there is credible evidence in his service record of unauthorized absence totaling 108 days for which the Applicant was appropriately given nonjudicial punishment. This misconduct warranted processing for separation under other than honorable conditions and the Applicant acknowledged this fact in his signed letter on 010626 where he waived his right to an Administrative Discharge Board. Other aspects of the Applicant's service and medical records do not mitigate the Applicant's misconduct. The NDRB was not persuaded by the Applicant’s claim that he was somehow not responsible for his actions due to a substance abuse problem. Relief denied.

 The following is provided for the edification of the Applicant. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. 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. Examples include documentation of educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of substance-free lifestyle. At this time, the applicant has not provided such documentation for the Board to consider. Relief denied.

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. 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 31, effective
25 Jan 01 until 21 Aug 02, 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

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