Search Decisions

Decision Text

NAVY | DRB | 2003_Navy | ND03-00767
Original file (ND03-00767.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND03-00767

Applicant’s Request
The application for discharge review was received on 20030326. The Applicant requests the characterization of service received at the time of discharge be changed to entry level separation or uncharacterized. 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/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 3630650.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “My only issues are stated in the Letter that was wrote to the board. Please read the letter and take the words wrote to heart as I know that I do.

Dear Board or whom it may concern,

My name is M_ J. W_ (Applicant) I am 27 yrs. Old, married and have three children. I was in the Navy from March 1994 thru March 1995 and was discharged with an other than honorable, because I went AWOL. There is not a day that I wish for a the chance to go back and redo the time I was in the military. Most of all the choice of going AWOL, I had received a call from home that was pretty much a (Dear John Letter) thing that I could not change, but I was young an immature and acted as such. It pains me to know that I did such a wrong and stupid thing in my life and to the country I love. I would like the board to consisted changing my discharge to either uncharacterized or general/under honorable . Also my reenlistment code so that I may reup in the reserves and prove to myself and to my country that I am a great resource. I would like my children to learn how important it is to b e apart of your country services. I would love the opportunity to reprove myself to my country and children in the reserves. If the board could find it in their hearts to forgive me for a stupid an immature choice I made as a young man. If the choices are made not to let me reenlist I would beg the board to at least change my discharge for the reason that I am perusing a career in law enforcement and this is once of the last hurdles I have to jump over. Hopefully I can peruse both opportunities with your help. Thanks for your time and consideration.

Sincerely,
(Signed by the Applicant)

Fell free to reach me at any of these contracts with any question you may have. And once again Thanks for your time.

Address: xxxxxxxxxxxxxxxxxx
Home number: xxxxxxxxxxxxx
Cell number: xxxxxxxxxxxxxx
E-mail address: xxxxxxxxxxxxx”
Documentation
In addition to the service record, NO DISCHARGE PACKAGE AVAILABLE, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     930928 - 940314  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 940315               Date of Discharge: 950322

 Length of Service (years, months, days):

         Active: 01 00 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 42

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (1)    Behavior: 3.40 (1)                OTA: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 90

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

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 3630650.

 Chronological Listing of Significant Service Events :

941002:  Retention Warning: Advised of deficiency (Violation of UCMJ, Article 86, Unauthorized absence (2 specifications) CO’s NJP 941002), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

941002:  NJP for violation of UCMJ, Article 86 (2 Specs): Unauthorized absence.
Award: Restriction and extra duty for 30 days, reduction in rate to next inferior pay grade (suspended for 6 months). No indication of appeal in the record.
941104:  Retention Warning: Advised of deficiency (Violation of UCMJ, Article 89, Disrespect to a Superior Commissioned Officer, CO NJP 941104), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

941104:  Suspended reduction in rate to E-1 vacated per order of the Commanding Officer.

941104:  NJP for violation of UCMJ, Article 89: Disrespect to a Superior Commissioned Officer
         Award: Forfeiture of $385.00 pay per month for 1 month. No indication of appeal in the record.
941214:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 941214 having been an unauthorized absentee since 0700, 941114 from USS PAUL F. FOSTER (DD-964).

950216:  Apprehended by civilian authorities 0420, 950213 at ST. Claire Shores, MI. Returned to military control 0617, 950214, NACU Great Lakes, IL.

950216:  Confined to NAVCONBRIG MIRAMAR, SAN DIEGO, CA.

950221:  Released from confinement.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19950322 under other than honorable conditions in lieu of a trial by court-martial (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

 Issue 1. Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Relief denied.

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 9, effective
22 Jul 94 until 2 Oct 96, Article 3630650, PROCEDURES FOR PROCESSING ENLISTED PERSONNEL FOR SEPARATION IN LIEU OF TRIAL BY COURTMARTIAL.

B. A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice, Article [e.g., 86, unauthorized absence for a period more than 30 days] upon conviction by a Special or General Court-Martial, in accordance with the Manual for Courts-Martial].

C. 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.

D. 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.

E. 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      


Similar Decisions

  • NAVY | DRB | 2003_Navy | ND03-00946

    Original file (ND03-00946.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. However, at this time, the Applicant has not provided sufficient verifiable documentation of good character and conduct to mitigate his misconduct while on...

  • NAVY | DRB | 2003_Navy | ND03-01508

    Original file (ND03-01508.rtf) Auto-classification: Denied

    ND03-01508 Applicant’s Request The application for discharge review was received on 20030917. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Applicant)(Social security number deleted)” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 8 pages from Applicant’s service record PART II - SUMMARY OF SERVICE Prior Service...

  • NAVY | DRB | 2002_Navy | ND02-00401

    Original file (ND02-00401.rtf) Auto-classification: Denied

    ND02-00401 Applicant’s Request The application for discharge review, received 020225, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. The applicant requested a documentary record discharge review. No indication of appeal in the record.930305: Retention Warning: Advised of deficiency (Insubordinate conduct toward a senior petty officer, disrespectful in language), notified of corrective actions and assistance...

  • NAVY | DRB | 2003_Navy | ND03-00756

    Original file (ND03-00756.rtf) Auto-classification: Denied

    ND03-00756 Applicant’s Request The application for discharge review was received on 20030326. The Applicant requests a documentary record discharge review. Applicant) (social security number deleted)” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 000922 -...

  • NAVY | DRB | 2002_Navy | ND02-01081

    Original file (ND02-01081.rtf) Auto-classification: Denied

    ND02-01081 Applicant’s Request The application for discharge review, received 020726, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized. The Applicant requested a documentary record discharge review. 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...

  • NAVY | DRB | 2003_Navy | ND03-00312

    Original file (ND03-00312.rtf) Auto-classification: Denied

    ND03-00312 Applicant’s Request The application for discharge review was received on 20021211. The Applicant requests that the characterization of service received at the time of discharge be changed to entry level separation or uncharacterized. , The sacrifice was for their well being NY mine The Navy could not be called upon to represent my wife, Whom were Not actually my wife at that time.

  • NAVY | DRB | 1999_Navy | ND99-00005

    Original file (ND99-00005.rtf) Auto-classification: Denied

    ND99-00005 Applicant’s Request The application for discharge review, received 981001, requested that the characterization of service on the discharge be changed to honorable. Whatever the reason, I greatly regret having let it effect my life the way it did. 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 (D and E).The applicant’s issue requests Board consideration of past...

  • NAVY | DRB | 2000_Navy | ND00-00500

    Original file (ND00-00500.rtf) Auto-classification: Denied

    ND00-00500 Applicant’s Request The application for discharge review, received 000314, requested that the characterization of service on the discharge be changed to honorable. I just wanted to be able to pursue my dream of becoming a police officer and to help society in helping keep law and order and peace in our country. 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...

  • NAVY | DRB | 2004_Navy | ND04-00395

    Original file (ND04-00395.rtf) Auto-classification: Denied

    ND04-00395 Applicant’s Request The application for discharge review was received on 20040109. The Applicant requests the characterization of service received at the time of discharge be changed to entry level separation or uncharacterized. 030303: Charges preferred to special court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Unauthorized absence from 1700, 021213 to 1950, 030228 (75 days/surrendered).030303: Applicant requested an administrative...

  • NAVY | DRB | 2003_Navy | ND03-00540

    Original file (ND03-00540.rtf) Auto-classification: Denied

    ND03-00540 Applicant’s Request The application for discharge review was received on 20030212. The Applicant requests a documentary record discharge review. “I served honorably for 2 years before I made the mistakes in May, Jun & July of 1997.