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NAVY | DRB | 2002_Navy | ND02-01260
Original file (ND02-01260.rtf) Auto-classification: Denied


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

ex-MMFR, USN
Docket No. ND02-01260

Applicant’s Request
The application for discharge review, received 020906, requested that the characterization of service on the discharge be changed to general under honorable conditions. The Applicant requested a personal appearance hearing discharge review before a traveling panel closest to Dayton, OH. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearing are held in the Washington, DC Area. The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030619. 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. Dear Sir or Madam:

I believe that my record to be in error or unjust due to the following particulars: In the winter of 2000, I was released from the US Navy. In joining the military, I hoped to accomplish completion of SEAL training. But I was injured in training and requested to be sent to the USS DETROIT. There, I was sent to SAR, Search Air-Rescue training and successfully completed the course.

After this time I was placed on my ship, but never given the opportunity to use the skills I had acquired. I was basically in the bottom of the ship doing maintenance and scraping rust. The quality in which I held my life went downhill dramatically. I began to drink heavily and thinking of ways to get out of this situation. I felt like there was no way out and I was not offered any alternatives. I wanted to stay in the military and be transferred to a different area where I could use my skills, but all my request was denied. If I would have known what I know now, I would have chosen a different route, but joining the military at such a young age, left me inexperience in dealing with life events.

I would told when I signe up to be a SEAL, that I was guaranteed to be a Navy SEAL and I was not informed if I was injured that it would be the end of my SEAL involvement. I was just told to pick any specialist school since I was going to be a SEAL, so I didn't take much time in choosing which school I was going to be trained in. I was told that all I had to do was complete the Machinist Mate A school and I would never have worked in that field. If I would have known better, I would have picked a field better suited for my interests. And again, when I tried to change this, I was not permitted to.

I am requesting that this situation be corrected to reflect a discharge of general under honorable conditions. I am currently in college entering my third year. I have kept active on the football and wrestling teams and weight training. I hope to complete my degree in sports management, but I am unable to obtain funding as an independent student due to my discharge type. I joined the military to serve my country as well as better my life for the future. Because of this situation I was placed in, I felt I had to leave the military to maintain my sanity and get on with my life. I truly did try all the options to get my assignment changed but I was told to stay where I was. I felt like there was no way out. I do not want this mistake to haunt me the rest of my life and damage my professional career. I feel I was misled but I still maintain a great respect and love for the military in my heart.

All I am requesting is that my discharge level is upgraded so that my future will not be ruined by a mistake I made as a young, naïve, inexperience boy. Thank you very much for your time and consideration in this matter.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Character Reference Letter from W_ P. B_, II
Character Reference Letter from S_ B_
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR(DEP)               980226 - 980726  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 980727               Date of Discharge: 000121

 Length of Service (years, months, days):

         Active: 01 05 25
         Inactive: 00 00 00

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 50

 Highest Rate: MMFA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: 1.00 (1)                OTA: 1.00 (5.0 Evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 76

 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 :

990125:  Applicant disenrolled from Basic Underwater Demolition/Seal (BUDS) training class 224 for medical reasons, based on the decision of suitability review board, applicant is recommended to return for further BUDS training after two years.

990224:  NJP for violation of UCMJ, Article 86: Absent without leave.
         Award: Restriction and extra duty for 15 days. No indication of appeal in the record.
000113:  NJP for violation of UCMJ, Article 86: (2 Specifications), Specification 1: Absent from unit without authority 991018 to 991118 (30 days/S), Specification 2: Absent from unit without authority 991124 to 000110 (46 days/S), violation of UCMJ, Article 87: Missing ship's movement through design on 991106.
Award: Restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
000113:  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 by absent without leave (30 days or more).
000113:  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

000115:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to absent without leave (30 days or more).

000119:  COMLOGRON TWO 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 000121 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

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. While he may feel that his youth and inexperience were contributing factors, they do not mitigate the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service, demonstrating he was unsuitable for further service. His service record is marred by award of non-judicial punishment (NJP) on two separate occasions for unauthorized absence thus substantiating the misconduct for which he was separated. It must be noted that most Sailors serve honorably and well. In fairness to those Sailors, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. An upgrade to general (under honorable) conditions would be inappropriate. Relief denied. For the Applicant’s edification, Sailors guilty of committing a serious offense normally receive a discharge characterization of under other than honorable conditions.

Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing educational opportunities as requested in the issue. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. Relief denied.

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. 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. At this time, the Applicant has not provided sufficient verifiable documentation of good character and conduct to mitigate his misconduct while on active duty. Relief denied.

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 28, effective
30 Mar 00 until 29 Aug 00, 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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