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NAVY | DRB | 2003_Navy | ND03-00211
Original file (ND03-00211.rtf) Auto-classification: Denied


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

ex-AOAR, USN
Docket No. ND03-00211

Applicant’s Request
The application for discharge review, received 20021121, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions or 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 20031010. 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, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

1. “I am a single parent of two now. I am finding it hard to get a good job with this on my record. Your consideration in this matter will be greatly appreciated.”

 Documentation
In addition to the service record, the Applicant’s discharge package was not available to the Board. The following additional documentation, submitted by the Applicant, was considered:
None.

PART II - SUMMARY OF SERVICE

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

 Period of Service Under Review :
Date of Enlistment: 19971223             Date of Discharge: 19990324

 Length of Service (years, months, days):

         Active: 01 02 22
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4 (12 months extension)

 Education Level: 10 (GED)                          AFQT: 71

 Highest Rate: AOAA

 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: 10

 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 :

981104:  Member to unauthorized absence from USS Theodore Roosevelt.

 981107:  Member from unauthorized absence. Surrendered onboard USS Theodore Roosevelt (3 days).
981224:  Member to unauthorized absence from USS Theodore Roosevelt.
 981228:  Member from unauthorized absence. Surrendered onboard USS Theodore Roosevelt (4days)
990112:  Member to unauthorized absence from USS Theodore Roosevelt.

 990115:  Member from unauthorized absence. Surrendered onboard USS Theodore Roosevelt (3days)
990225:  NJP for violation of UCMJ, Article 86: Absent from unit, violation of UCMJ Article 112a: Wrongful use of marijuana.
         Award: Forfeiture of $537.00 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
990227:  NJP for violation of UCMJ, Article 92: Violate a lawful general regulation {hazing}; violation of UCMJ Article 128: Assault consummated by a battery.
         Award: Forfeiture of $200.00 pay per month for 1 month, restriction and extra duty for 30 days, reduction to E-1. No indication of appeal in the record.
NO DISCHARGE PACKAGE AVAILABLE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990324 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, D and E).

Issue 1. The Applicant states he is a single parent of two and it’s hard to get a good job with an Other Than Honorable discharge on his record.

Giving an Applicant the opportunity to obtain better employment are not grounds for which the Board will recharacterize a discharge. The Applicant’s discharge package was not available to the Board for review. The Board assumes regularity in the conduct of governmental affairs. The discharge was proper and equitable. Relief denied.

 The following is provided for the benefit of the Applicant. Normally, to permit relief, an error or inequity must have occurred during the execution of the discharge for the period of enlistment in question. No errors or inequities were discovered during the execution of this discharge. 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 can be considered. Examples of documentation to forward to the Board include proof of educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of a substance free lifestyle (if appropriate). At this time, the applicant has not provided any documentation for the Board to consider. Therefore, relief will not be granted.
The applicant is reminded that he is eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at 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 29 March 2000, 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.
E. In Appendix 12 of the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 92 (disobeying a lawful order), Article 112A (wrongful use of illegal drugs), and Article 128 (assault consummated by battery), if adjudged at a Special or General Court Martial

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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