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NAVY | DRB | 2004_Navy | ND04-00187
Original file (ND04-00187.rtf) Auto-classification: Denied


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


ex-ABFAA, USN
Docket No. ND04-00187

Applicant’s Request
The application for discharge review was received on 20031117. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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 20040812. 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
Applicant’s issues, as stated on the application:

 “1. After I was injured aboard the USS ENTERPRISE, I started to have headaches (severe) daily. Then I started to have problems with my wife, couple this with my headaches, I was unable to cope. I then stared going AWOL.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     950706 - 950725  COG
          Active: USN                        950726 – 000523  HON

 Period of Service Under Review :
Date of Enlistment: 990430               Date of Discharge: 000523

 Length of Service (years, months, days):
         Active: 01 00 23
          Inactive: None
Age at Entry: 24                          Years Contracted: 4

Education Level: 12                        AFQT: 34
Highest Rate: ABFAN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: NMA*                 Behavior: NMA             OTA: NMA

Military Decorations: None
Unit/Campaign/Service Awards: NDSM, SSDR, AFEM, NUC, NM

 Days of Unauthorized Absence: 110
*No Marks Made Available for review.
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 :

990430:  Reenlisted onboard USS ENTERPRISE (CVN-65) for 4 years.
990817:  Summary Court-Martial.
          Charge I: violation of the UCMJ, Article 86: (2 Specifications),
         Specification 1: UA from unit 990621 to 990710(19days/S); Specifications 2: UA from unit 990723 to 990810 (18days/S).
          Finding: to Charge I and the specifications 1 and 2 thereunder, guilty.
          Sentence: Confinement for 30 days, reduced to E-2.
         CA action 990903: Sentence approved and ordered executed.
991014:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense

 000113:  Disapproval of Administrative Separation and Order to Return to USS ENTERPRISE (CVN-65).

 000124:  UA from USS ENTERPRISE (CVN-65) failed to report.
000126:  Missed ship’s movement.
000209:  Missed ship’s movement.

 000223:  Declared a deserter.
000315:  Missed ship’s movement.
000407:  Apprehended by civil authority and returned to USS ENTERPRISE (CVN-65) (73days/A)

000407:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
000407:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
000506:  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: On 14 October 1999, ABFAA H___ was erroneously notified of administrative processing for offenses that had occurred in his previous enlistment. He waived an administrative board and he went on administrative separation leave. After the error was realized, a letter was sent by certified mail on 13 January 2000, ordering ABFAA H___ to report back to USS ENTERPRISE (CVN-65) no later than 0600, 24 January 2000, or he would be an unauthorized absentee. Civilian authorities apprehended ABFAA H___ for desertion and returned him to USS ENTERPRISE (CVN-65) on 7 April 2000, 73 days after his report no later than date. Upon his return, ABFAA H___ made a written statement confessing to the unauthorized absence, as evidenced by enclosure (4). ABFAA H__’s misconduct indicates he does not have potential for further naval service, and he waived his right to an administrative board. Accordingly, I recommend that ABFAA H___ be discharged from the naval service for commission of a serious offense with a characterization of Other Than Honorable.
000523:  COMCRUDESGRU TWELVE 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 20000523 under other than honorable conditions for misconduct due to commission of a serious offense (A & 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. 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. The Applicant’s service was marred by an unauthorized absence status for 73 days, that was terminated by apprehension. 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 Applicant contends that his problems in the Navy can be attributed to his “headaches” and “problems with my wife.” While he may feel that his headaches and marital problems were the underlying causes of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief on this basis is denied.

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 or any other evidence related to his discharge 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 28, effective
30 Mar 00 until 29 Aug 00, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

B. In Appendix 12 of the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 86, for unauthorized absence for a period in excess of 30 days if adjudged at a Special or General Court 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      


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