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NAVY | DRB | 2003_Navy | ND03-00132
Original file (ND03-00132.rtf) Auto-classification: Denied


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

ex-QMSN, USN
Docket No. ND03-00132

Applicant’s Request
The application for discharge review, received 20021023, 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 20030926. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. 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:
Copy of DD Form 214
DD Form 149
Letter from Board for Corrections of Naval Records

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     870807 - 880713  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 880714               Date of Discharge: 910305

 Length of Service (years, months, days):

         Active: 02 07 25
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 46

 Highest Rate: QM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (1)    Behavior: 3.80 (1)                OTA : 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, MUC, AFEM, NDSM

 Days of Unauthorized Absence: 58

 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 :

901025:  Psychiatric Evaluation: “Recommend consideration for administrative separation for unsuitability. The member is not considered mentally ill and returns to full duty. This individual does manifest a long standing disorder or character and behavior which is of such severity as to interfere with serving adequately in the navy. Processing for administrative separation in accordance with MILPERSMAN 3620200 would require, in addition to this diagnosis, documented interference with the performance of duty and counseling. Per the examiner’s opinion, the patient does not possess a severe mental disorder or defect for purpose of RCM 706 examination and is considered competent.” SNM is not recommended for further service by medical officer. SNM was diagnosed as not being homicidal or suicidal.

910108:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 910108 having been an unauthorized absentee since 0700, 901209 from USS DAHLGREN (DDG-43).

910207:  Report of Return of Deserter. Applicant apprehended by civil authorities on 910205 (1750) at Montgomery, AL. Returned to military control 910205 (1800). Transferred to USS DAHLGREN (DDG-43).

910208:  NJP for violation of UCMJ, Article 86: Absent from unit, violation of UCMJ Article 92: Dereliction in the performance of duties.
         Award: Forfeiture of $481.85 pay per month for 2 months, restriction and extra duty for 45 day, reduction to E-3. No indication of appeal in the record.

910211:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of convenience of the government due to personality disorder and misconduct due to the commission of a serious offense as evidenced by medical record entries and all punishments under the UCMJ in your current enlistment.
910213:  Applicant advised of his 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.
910216:  Commanding Officer recommended discharge under other than honorable conditions by reason of convenience of the government due to personality disorder and misconduct due to the commission of a serious offense. Commanding Officer’s comments: SNM was counseled and attended stress management class every Tuesday afternoon, at Portsmouth Naval Hospital, as a part of SNM’s counseling. Before completing the class SNM went UA for a period of 58 days. He had two classes remaining. His personal behavior has been a distraction for his division, detracting from good order and discipline. His extended period of Unauthorized Absence directly interfered with his performance of duty on board and in the Navy. He had been counseled and afforded every opportunity to correct his personality disorder. He is suitable for future naval service. SNM stated to me at CO’s Mast that “he did not want to stay in the Navy and that he just wanted to be discharged.” I recommended that SNM be separated from the service under other than honorable conditions.

910221:  CNMPC 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 19910305 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 did not introduce any decisional issues for the Board’s consideration. A characterization of service of under other than honorable conditions is warranted when the member’s conduct constitutes a significant departure from that expected of a Sailor. The Applicant’s service was marred by award of nonjudicial punishment (NJP) for unauthorized absence and dereliction of duty. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflect his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. 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, and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted. The Board appreciates the Applicant’s efforts to improve his life and his involvement in his local community’s counter narcotic efforts and encourages him to continue his participation. 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 is not warranted.

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 15560A), Change 8, effective
21 Aug 89 until 14 Aug 91, 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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