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NAVY | DRB | 2004_Navy | ND04-01436
Original file (ND04-01436.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND04-01436

Applicant’s Request
The application for discharge review was received on 20040914. The Applicant requests the characterization of service received at the time of discharge be changed to uncharacterized. 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 20041222. 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. “I am respectfully requesting to change my other than honorable discharge into an entry level discharge in order for me to kindly rejoin the armed service. I am kindly requesting the panel to review my case in order for my O.T.H. discharge to be changed into an entry level seperation or general discharge. I am requesting this please so I may have a chance to proudly serve my country honorably and complete my initial commitment of serving with the armed services. All I ask the panel is to please review my case and give me a second chance to prove I can do well for the armed service. I have attached an extra document about my situation. Please find time to review this. If the panel may need to contact me I can be reached directly at [phone number omitted].

Thank you for the opportunity to review and consider my case. God Bless!

To The Department of the Navy,

I am writing this letter for recommendation into retraining in the armed services. I was once in the military when I was nineteen years of age. When I first arrived at boot camp for the armed service at around 2001, I was extremely pleased and proud to be a member of such a positive and righteous force. I trained in Great Lakes, Illinois during the winter of Dec.2001. I was doing what I was told and did my duties assigned to me, to the best of my abilities.

After about the third or fourth week into boot camp my division (regiment) accepted recycled recruits from a different division. One of the recycled recruits was assigned to the bunk next to mine. Eventually him and I became acquaintances and then later on friends. He later influenced me in a negative manner because of the factthat he had told me he was recycled into my division because he went on U.A. (unauthorized absence), from his old division. He later told and convinced me that it was not a big deal and that he could show me how to go U.A. This is a decision I made and regret until today. I listened to his advice and being homesick at the time I also went U.A. (unauthorized absence). When I later came to my senses I had realized what a negative decision I had made. After I finally came back to Great Lakes I was told that I would be discharged from the Navy.

I ask now for forgiveness and a second chance to re-do my initial commitment with the armed services. Please grant me the opportunity to prove to the military and myself that I am able to fulfill my initial contract to serve my country with honor and pride. I thank the commanding officer for the opportunity to consider and review my case.”

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)     001214 - 010219  COG
         Active:                            None

 Period of Service Under Review :
Date of Enlistment: 010220               Date of Discharge: 010806

 Length of Service (years, months, days):

         Active: 00 01 10 (Does not include lost time)
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 50

 Highest Rate: SR

 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: 122

*No marks assigned

 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 :

010307:  Applicant commenced a period of unauthorized absence.
010403:  Applicant surrendered from unauthorized absence.
010405:  Applicant commenced a period of unauthorized absence.
010710:  Applicant surrendered from unauthorized absence.
010725:  NJP for violation of UCMJ, Article 86 (2 Specs): Unauthorized absence from 010307 to 010403 and from 010405 to 010710.
         Award: Forfeiture of $245 per month for 1 month (7 days pay), restriction and extra duty for 14 days. No indication of appeal in the record.
010727:  Applicant notified of intended recommendation for discharge with a least favorable characterization of under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
010727:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights.
010730:  Commanding Officer, Recruit Training Command, recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

010731:  Commanding Officer, Naval Training Center, Great Lakes, 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 20010806 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: Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question. No such impropriety or inequity is evident during the Applicant’s enlistment. When the service of a member of the 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 nonjudicial punishment proceedings for violations of UCMJ Article 86, unauthorized absence on two occasions, totaling 122 days. 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. Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of his characterization of service. Relief is not warranted.

 Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. 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, 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. 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .


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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023


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