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NAVY | DRB | 2003_Navy | ND03-00766
Original file (ND03-00766.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND03-00766

Applicant’s Request
The application for discharge review was received on 20030320. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests 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 20040224. 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

 No issues were submitted by the Applicant.


Documentation
In addition to the service record, 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)     010314 - 010321  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 010322               Date of Discharge: 020419

 Length of Service (years, months, days):

         Active: 01 00 28
         Inactive: None

 Age at Entry: 26                          Years Contracted: 6 (24 months extension)

 Education Level: 09                        AFQT: 61

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 13

 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 :

011116:  Psychological Evaluation: Applicant diagnosed with a R/O Adjustment Disorder with Depressed Mood and Personality Disorder NOS with Passive Aggressive traits.

011130:  Psychological Evaluation: Applicant diagnosed with a Personality Disorder, NOS, not disabling for full duty.

020117:  NJP for violation of UCMJ, Article 86: (3 Specifications), Unauthorized absence, violation of UCMJ Article 85: Desertion (dismissed), violation of UCMJ Article 90: Willful disobedience of superior commissioned officer; violation of UCMJ, Article 91: Willful disobedience of noncommissioned officer.
         Award: Correctional Custody for 30 days (not served, went U.A.), Forfeiture of ½ pay per month for 2 months (1 months pay suspended for 60 days, then vacated for U.A.) reduction to E-1 (suspended for 60 days for redetermination). No indication of appeal in the record.
020318:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
020318:          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.

020329:  Commander, Navy Region Southeast authorized the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
020605:  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): AR T__ has simply decided that he does not want to be in the Navy. His desire to leave Naval service has stemmed from personal problems at home, and he has decided for himself that the many Navy resources available to him are inadequate after receiving extensive counseling on these resources and not availing himself to any of them. His chain of command has bent over backwards to get this sailor help and provide both professional and personal counseling. His plan of action has been to try to get himself separated from Naval service by first expressing suicide ideations on two separate occasions, both of which resulted in independent psychological evaluations that stated he was rational, responsible for his actions, and not a danger to himself or others. When this tactic failed, he has more recently tried the disciplinary route by willfully disobeying order issued at all levels of his chain of command, including myself. He has had five instances of unauthorized absence; the most recent one was to avoid reporting To C.C.U. as he was ordered by me as a result of a N.J.P. His efforts have finally achieved the desired results, but not before costing this command countless hours in administrative and disciplinary processing. Recommend administrative separation with Other Than Honorable (OTH) characterization. Commanding Officer indicates SNM report chit dated 020226 (mast pending) for violation of the UCMJ, Article 86, (020123-020205); violation of UCMJ, Article 90, willfully disobedience of superior commissioned officer, violation of UCMJ, Article 91, willful disobedience of noncommissioned or petty officer.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020419 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 submitted no issues for the Board to consider.

 When the service of a member of U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. An Under Other Than Honorable Conditions discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he Applicant’s service was marred by five instances of unauthorized absences, one nonjudicial punishment for violation of the UCMJ. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.
The following is provided for the edification of the applicant. 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 naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.

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 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 31, dated 20 Feb 01, 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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