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NAVY | DRB | 2004_Navy | ND04-00498
Original file (ND04-00498.rtf) Auto-classification: Denied


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


ex-AA, USN
Docket No. ND04-00498

Applicant’s Request
The application for discharge review was received on 20040203. 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 review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20040922. 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. “The reason I am requesting an upgrade is not to benefit myself from my country but to return to serve my country. As for a justification, I feel there was a problem with alcoholism that was never attended to by anyone. I requested help from the navy but none was ever given. I seeked help once I was discharged from the Navy, problem solved (at no cost to my country).

With no further intention to cause any more inconvenience to my country, I am requesting one opportunity to redeem myself to my country, my family, and myself. With all due respect and sincere thanks I hope I at least get an opportunity to be heard once. Thank you.”
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)               000330 - 000410  COG
          Active: USN                        None
Period of Service Under Review :
Date of Enlistment: 000411               Date of Discharge: 020709

 Length of Service (years, months, days):

         Active: 02 02 29 (Does not exclude lost time)
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

Education Level: 08                        AFQT: 53

 Highest Rate: AN
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 2.00 (0)                OTA: 2.83
Military Decorations: None

 Unit/Campaign/Service Awards: MUC, NDSM
Days of Unauthorized Absence: 199

 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 :

020624:  NJP for violation of UCMJ, Article 86 : ( 8 Specifications ), Unauthorized absence, Specification 1 : Did on or about 011129, without authority absent himself from his unit, to wit: USS JOHN F. KENNEDY, located at Mayport, Florida, and did remain so absent until on or about 020502, Specification 2 : Did on or about 010525, without authority absent himself from his place of duty at which he was required to be, to wit: USS JOHN F. KENNEDY, located at New York City, New York, and did remain so absent until on or about 010527 (2 days), Specification 3 : : Did on or about 010621, without authority, absent himself from his unit, to wit: USS JOHN F. KENNEDY, located at or near Naval Station, Mayport, Florida, and did remain so absent until on or about 010622 (1 day), Specification 4 : Did on or about 010709, without authority, absent himself from his unit, to wit: USS JOHN F. KENNEDY, located at or near Naval Station, Mayport, Florida, and did remain so absent until on or about 010714 (5 days), Specification 5 : Did on or about 010723, without authority, absent himself from his unit, to wit: USS JOHN F. KENNEDY Beach Detachment, located at or near Naval Station, Mayport, Florida, and did remain so absent until on or about 010725 (2 days), Specification 6 : Did on or about 010810, without authority, absent himself from his unit, to wit: USS JOHN F. KENNEDY, located at or near Naval Station, Mayport, Florida, and did remain so absent until on or about 010813 (3 days), Specification 7 : Did on or about 010718, without authority, fail to go to appointed place of duty, to which he was required to be, to wit: Mayport Air Terminal, Specification 8 : Did on or about 011103, without authority, absent himself from his unit, to wit: USS JOHN F. KENNEDY, located at or near Naval Station, Mayport, Florida, and did remain so absent until on or about 011112, violation of UCMJ, Article 87 : ( 2 Specifications ), Missing movement, Specification 1 : Did onboard USS JOHN F. KENNEDY, located at Naval Station, Mayport, Florida, on or about 010710, through design, miss the movement of the USS JOHN F. KENNEDY, Specification 2 : Did onboard USS JOHN F. KENNEDY, located at Naval Station, Mayport, Florida, on or about 010818, through design, miss the Carrier Delivery Flight from Mayport Air Terminal, violation of UCMJ, Article 92 : Dereliction in performance of duties, violation of UCMJ, Article 128 : Assault consummated by battery.
Award: Restriction and extra duty for 30 days, reduction to E-2. No indication of appeal in the record.
020624:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense.
020624:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation

020627:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by CO’s NJP on 020624.

 020701:  CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020709 under other than honorable conditions for misconduct due to commission of a serious offense (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: The Applicant contends his misconduct was the result of a problem with alcohol that went untreated by the U.S. Navy. The Board found no indication in the record that the Applicant was inequitably or improperly denied treatment for his alcohol abuse. The Applicant’s allegations, that he was denied assistance and counseling for his personal problems, do not refute the presumption of regularity in this case. The Applicant’s service was marred by nonjudicial punishment proceedings for multiple violations of Articles 86, 87, 92, and 128 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. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

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.

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. 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, effective
25 Jan 01 until 21 Aug 02, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

B. Under 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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