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NAVY | DRB | 2006_Navy | ND0600101
Original file (ND0600101.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-AR, USN
Docket No. ND06-00101

Applicant’s Request
The application for discharge review was received on 20051020. The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060810. 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 a trial by court-martial .


 PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the attached document/letter:

“I have been a good citizen since discharge.”
“My record of AWOL/UA indicates only minor or isolated offenses.”
“My ability to serve was impaired by my youth and immaturity.”
“My ability to serve was impaired by my deprived background.”
“My ability to serve was impaired because of marital and family and child care problems.”
“Personal problems impaired my ability to serve.”
“Financial problems impaired my ability to serve.”

"I don't mean to be putting on a show about my life and how sad it was but I feel in some way shape or form it made me the way I am and be in the military was suppose to show me a way to be more responsible and capable to take on life as a man in which if did, in a way I now figured out. It took me away from a life that would've ended me in the jail, dead or poor and took me to places I've never seen, brought me to Virginia where I found a woman and started a brand new life with, while in the process of throwing something away I get married military doesn't work out and I'm forced to start over in a city I know nothing about at the age of 21 years old. Have to admit it's hard, very hard, going threw this taut me to appreciate and not only that it taut me to be a man and admit when I need help and when I'm wrong I was wrong for the decisions I made but I made them. I was stupid for allowing myself to except anything short of respect to the family I reflect upon. This is not a country that tolerates my actions, but it is a country at war and I feel I havn't finished my contract the way I was suppose to. If this message doesn't sway decisions to hope it shows my heart because I actually want this for me my wife my life my country and my family. I'm not asking for "honorable discharge" because I do not deserve it I'm asking for mercy, "general under honorable" to me those words mean new lifestyle, new leaf, second chance for a happy future for you just words and a decision. I know its not easy letting someone with my record back in but I can honestly say I am a changed man not a changed boy this is a very good thing for me I found this out from a recruiter that told me it was a chance for me to rejoin So I put a lot of faith in this I've tried a lot of things I worked full-time, part-time, I've took my test to be employed at the post office it just didn't work out and I'm coming to the end of my rope and I'm only 22 years old I can only do one thing now and that's survive, make it past all these speed bumps I've made for myself, I'm hard on myself I know but I can't put the blame on anyone. It makes me sick to think of the accomplishments I could've had by just stopping and thinking for one second. I can say it now I thought that over the past year and I won't get any younger this coming new year. My future is in the hands of the Naval Council please spare me or do me this steer me in the right direction towards a bright future again because I'm off track and would mind getting back on. To the men or women that read this please note that the world is not a place for the blind and I'm in the dark searching for a door with out a knob, can you open it for me. I never wanted to be in this situation but I am and the military is all I know, I never worked 9-5 jobs for rent money or light bills and food expenses I joined 2 months after my graduation from high school. Now that I know these things I can build a life for me and my wife to raise kids in instead of trying not to until we're established I need a foundation for my life I can't make it out of sand, and I don't wanna struggle anymore I'm trying hard not to give up but I need help . . . please."
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Department of Veterans Affair Statement in Support of Claim (4 pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20010620 – 20021210               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20021211             Date of Discharge: 20040830

 Length of Service (years, months, days):

         Active: 01 08 19 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 245 days
         Confinement:              none

 Age at Entry: 18

Years Contracted: 4

Education Level: 12                                 AFQT: 40

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                  Behavior: NA*             OTA: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal.
* Not Available


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

UNDER OTHER THAN HONORABLE CONDITIONS/ IN LIEU OF TRIAL BY COURT MARTIAL, authority: MILPERSMAN, Article 1910-106 (formerly 3630650).

Chronological Listing of Significant Service Events :

021127:  Applicant to unauthorized absence from PCU RONALD REAGAN (CVN 76) at Newport News, VA 0645 on 021127.
021209:  Applicant returned to Military Control at 0900 on 021209 on board PCU RONALD REAGAN (CVN 76) at Newport News, VA.

030109:  NJP for violation of UCMJ, Article 86: Unauthorized absence (2 specifications) and failure to go to appointed place of duty.
         Award: Forfeiture of $552.00 pay per month for 1 month, 30 days restriction to the limits of the ship, extra duty for 30 days. No indication of appeal in the record.
030209:  Applicant to unauthorized absence from PCU RONALD REAGAN (CVN 76) at Newport News, VA 0700 on 030209.
030210:  Applicant returned to Military Control at 0700 on 030210 on board PCU RONALD REAGAN (CVN 76) at Newport News, VA.

 030616:  Evaluation by the Department of Psychiatry NMPC ( ----------) after referral by his ship after saying he was going to jump off the ship. Diagnosis
AXIS I: Adjustment Disorder with Depressed Mood
         AXIS II: Not enough basis for personality D/O at this time
         AXIS III: None.
         AXIS IV: Military stressors.
         AXIS V: GAF 70
                 
         Recommendations/Plan:
1. Psychiatrically fit to return to duty
2. There is no psychiatric contraindications for any administrative or disciplinary actions deemed appropriate by the command
3. Recommend routine administrative separation because of adjustment disorder for the Convenience of the US govt
 4. Recommend counseling at Fleet and Family Services. Call ------ for appointment.
 5. The patient will tell someone or go to the nearest ER should be become suicidal or homicidal.
 6. The point of contact at NMCP psychiatry clinc is Dr. A_ (Staff Psychiatrist) @ ____ .
 7. Discuss with patient and he understand.
8. Discussed with Dr. A_ (Staff Psychiatrist), who concurs
9. Command contacted

030621:  Applicant to unauthorized absence from PCU RONALD REAGAN (CVN 76) at Naval Station, Norfolk, VA 0700 on 030621.
030623:  Applicant returned to Military Control at 0700 on 030623 on board PCU RONALD REAGAN (CVN 76) at Naval Station, Norfolk, VA.
030708:  Applicant to unauthorized absence from USS RONALD REAGAN (CVN 76) at Naval Station, Norfolk VA 0700 on 030708.
030710:  Applicant returned to Military Control at 1700 on 030710 on board USS RONALD REAGAN (CVN 76) at Naval Station, Norfolk, VA.

030724:  NJP for violation of UCMJ, Article 86: (7 specs), Unauthorized absence and failure to go to appointed place of duty.
 Violation of UCMJ, Article 87: Missing movement.
          Award: Forfeiture of $575.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
030913:  Applicant to unauthorized absence from USS RONALD REAGAN (CVN 76) at Naval Station, Norfolk VA 0700 on 030913.
030915:  Applicant returned to Military Control at 0700 on 030915 on board USS RONALD REAGAN (CVN 76) at Naval Station, Norfolk, VA.
030923:  Applicant to unauthorized absence from USS RONALD REAGAN (CVN 76) at Naval Station, Norfolk VA 0700 on 030923.
030923:  Applicant missed movement of USS RONALD REAGAN, at Naval Station, Norfolk, VA as of 0745, 030923.

030925:  Applicant returned to Military Control at 1000 on 030923 on board USS RONALD REAGAN (CVN 76) at Naval Station, Norfolk, VA.
031124:  Applicant to unauthorized absence from USS RONALD REAGAN (CVN 76) at Naval Station, Norfolk VA 0700 on 031124.
031202:  Applicant missed movement of USS RONALD REAGAN, at Naval Station, Norfolk, VA as of 0930, 031202.
040722:  Applicant surrendered on board TPU NAVASTA NORVA 1245, 040722.
040811:  No disciplinary action taken for the period of absence from 24 November 2003 to 22 July 2004. Administrative checkage for this period of absence.

040817:  Applicant requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial. He waived counsel. The Applicant stated he understood the elements of the offense(s) with which he was charged, and admitted he was guilty of all the charges preferred against him. Specifically, he admitted to violating UCMJ, Article 86: In that Airman Recruit W_ A. P_ (Applicant), U.S. Navy, Transient Personnel Unit, Norfolk, Virginia, on active duty, did, on or about 24 November 2003, without authority, absent himself from his unit, to wit: USS RONALD REAGAN, located at Naval Station Norfolk, Virginia, and did remain so absent until on about 22 July 2004. The Applicant understood that if discharged under other than honorable conditions, it might deprive him of virtually all veterans' benefits based upon his current enlistment, and that he might expect to encounter substantial prejudice in civilian life in situations wherein the type of service rendered or the character of discharge received therefrom may have a bearing.

040819:  The Commanding Officer, exercising GCMCA, approved the request for an administrative separation in lieu of a trial by court-martial, and directed Applicant’s discharge.
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20040830 in lieu of a trial by court-martial (A and B) with a service characterization of under other than honorable conditions. 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 contends his disciplinary problems were the result of youth and immaturity, his deprived background, personal problems, financial problems, and because of marital, family, and childcare problems. The NDRB recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most members of the Navy serve honorably and therefore earn their honorable discharges. In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. The NDRB found that the Applicant's service was equitably characterized.

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. While the Applicant asserts that his misconduct consisted of only minor and isolated offenses, the Applicant’s service was marred by two nonjudicial punishment proceedings for violations of Articles 86 and 87 of the UCMJ, and a third unauthorized absence for 241 days. Rather than being minor in nature, a punitive discharge is authorized for Violations of Article 87 (missing movement) and Article 86 (unauthorized absence for more than 30 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 and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

In support of his application, the Applicant also asserts that he has been a good citizen since his discharge. The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 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, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any post-service documentation for the Board to consider. Relief 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 additional evidence related to this 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), re-issued October 2002, effective 22 Aug 2002 until 30 May 2005, Article 1910-106 (formerly 3630650), SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL.

B. A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice, Article 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. 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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