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NAVY | DRB | 2003_Navy | ND03-00365
Original file (ND03-00365.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND03-00365

Applicant’s Request
The application for discharge review was received on 20021227. The Applicant requests the characterization of service received at the time of discharge be changed to entry level separation or uncharacterized. The Applicant requested a documentary record discharge review. The Applicant listed the Alabama State Department Veterans Affairs as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20031205. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety in the characterization of the Applicant’s service was discovered by the NDRB. However, the Board decided that the discharge characterization was inequitable. The Board’s vote was four to one that the character of the discharge shall change. The discharge shall change to: ENTRY LEVEL SEPARATION (UNCHARACTERIZED)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“I feel that my discharge was improper for the following reasons;

1. I joined the U.S. Navy under the delayed entry program when I was 17 years old because I believed a career in the Navy would be right for me. During the one-year period from my initial election to the time I was obligated to enter the service I encountered changes in my life that changed my feelings and thoughts about a career in the Navy. I brought this to the attention of my recruiter as well as several other personnel in the Navy but was informed that if I did not report for basic training I would be put in jail to serve my time. This concerned me and created a tremendous level of stress that I carried with me to basic training.

2. After reporting to basic training and trying to cope with the stress and fear of what could happen to me if I did not conform to the service I ended up with a Captains Mast which left with me with two choices. My choices were a Summary Courts-Martial or return to basic training. In retrospect I believe that I was not in long enough to warrant a court martial and devastation it has created in my life. I have recently been counseled and understand that I had more options initially than I was honestly informed of. Although, these other options may not have given me a veteran status they certainly would have eliminated the personal destruction that I have carried around with me since my discharge.

3. Any consideration that I may be afforded under this request will be greatly appreciated.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Letter from Applicant’s Mother, dtd Nov 12, 2002
Letter from Applicant’s Father, dtd Nov 12, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: Unknown
         Active: None

 Period of Service Under Review :
Date of Enlistment: 940607               Date of Discharge: 941214

 Length of Service (years, months, days):

         Active: 00 06 08
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4*

 Education Level: 12*              AFQT: Not available*

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF**       Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

* Cannot verify. Pre-enlistment documents & enlistment contract are not contained in official service record.

** No Marks Found in service record.

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

940707:  NJP for violation of UCMJ, Article 86: Without authority absent himself.
         Award: Forfeiture of $385 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.

940715:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 90.
         Specification: Willfully disobeyed a superior commissioned officer.
         Finding: to Charge I and the specification thereunder, guilty.
         Sentence: Forfeiture of $200.00 pay per month for 1 month, restriction for 30 days.
        
940805:  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 punishment under the Uniform Code of Military Justice within your current enlistment.
940805:  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. Applicant did not object to separation.
940810:  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 (verbatim): “Seaman Recruit W_ (Applicant) understands the difference between right and wrong, yet he willfully disobeyed a direct order from a superior commissioned officer to return to Basic Military Training. This behavior is unacceptable and will not be tolerated. I most strongly recommend that Seaman Recruit W_ (Applicant) be discharged from the Navy with an Other Than Honorable Discharge.”

940902:  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 19941214 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 but not equitable (C and D).

Issues 1-3. By regulation, members processed for administrative separation within the first 180 days of enlistment are normally given characterization of service as “uncharacterized” unless there were circumstances regarding performance or conduct that would merit a different characterization. The Applicant’s misconduct did not equitably warrant separation under other than honorable conditions. Therefore, relief is granted.


 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective
22 Jul 94 until 02 Oct 96, 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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