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NAVY | DRB | 2006_Navy | ND0600123
Original file (ND0600123.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-CSSA, USN
Docket No. ND06-00123

Applicant’s Request
The application for discharge review was received on 20051026. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. 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 20060825 . 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 by reason of misconduct due to commission of a serious offense .

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

“Because my discharge was unjust due to the fact I was going through a serious miscarriage when I got charged for UA.”
Applicant’s Remarks: (Taken from the DD Form 293)

“I was very young when I entered and I made a couple of mistakes. I wish there was a way that I could join the Navy again, because I didn’t want to leave. I’m only 21 now, but I wish I could start this from the beginning and there would be no mistakes, because I’ve learned.”

 Documentation

Only the service and medical records was reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20010122 – 200112 18                COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 200112 19              Date of Discharge: 20040728
Length of Service (years, months, days):

          Active: 02 07 0 4 (Does not exclude lost time.)
          Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 11 days
         Confinement:              none

 Age at Entry: 17 (Parental Consent)

 Years Contracted: 4

Education Level: 10 (GED)                                   AFQT: 35

 Highest Rate: CSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (2)              Behavior: 2.5 (2)                          OTA: 2 .9 2

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal.


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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

020927:  NJP for violation of UCMJ, Article 86 (2 specs): Unauthorized absence.
         Violation of UCMJ, Article 87: Missing movement.
         Award: Forfeiture of ½ pay per month for 2 months (suspended for 6 months), restriction for 60 days, reduction to E-1 (suspended for 6 months). No indication of appeal in the record.
030319:  Applicant to unauthorized absence on 030319.

 030321:  Applicant from unauthorized absence on 030321 (2 days).
030325:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 19 March 2003 to 21 March 2003. [portions extracted from CO’s ltr]
         Award: 30 days at a Correctional Custody Unit. No indication of appeal in the record.

031120:  NJP for violation of UCMJ, Article 91: Disrespect towards a non-commission ed officer.
 Violation of UCMJ, Article 92: Dereliction of duty.
          Award: Restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
040601:  Applicant to unauthorized absence on 040601.

 040603:  Applicant from unauthorized absence on 040603 (3 days).
040610:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 1 June 2004 to 3 June 2004.
 Award: Restriction and extra duty for 7 days, reduction to E-1 (suspended for 6 months). No indication of appeal in the record.
040701:  On unauthorized absence over liberty as of 0730, 1 July 04. Surrendered on board Training Support Center Hampton Roads at 0855, 6 July 04. An unauthorized absence for about 5 days.

040706:  On unauthorized absence over liberty as of 1500, 6 July 04. Surrendered on board Training Support Center Hampton Roads at 0730, 7 July 04. An unauthorized absence for about 16 hours and 30 minutes.
040707:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service under other than honorable conditions by reason of misconduct due to commission of a serious offense.

040707:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
040719:  Commanding Officer, Training Support Center Hampton Roads recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense. Commanding Officer’s comments: “Through repeated misconduct, CSSA T_ (Applicant) has consistently demonstrated an unwillingness to adapt to the Navy’s environment or live up to our standards of performance and personal conduct. Her disdain for authority, rules, and regulations has convinced me that she has no potential for further naval service. Accordingly, I recommend she b e separated from active duty with an Other Than Honorable characterization of service.”

 040719:  G CMCA, Commander, Naval Personnel Development Command 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 20040728 by reason of misconduct due to commission of a serious offense (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).

In the Applicant’s case , t he Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. Specifically, the applicant states that her discharge is unjust “due to the fact I was going through a serious miscarriage when I got charged for UA.” The record, however, contains no ev idence of any wrongdoing by the anyone involved in the discharge process. The Board presumes regularity in the conduct of governmental affairs in the absence of persuasive evidence to the contrary. As such, this Board presumed that Applicant’s discharge was regular in all respects. Relief denied.

With regard to the Applicant’s characterization of service, 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. The Applicant’s service was marred by four nonjudicial punishment proceedings for violations of UCMJ, Articles 86, 87, 91, and 92. Violations of Articles 87 and 92 are considered serious offenses for which a punitive discharge is authorized at courts martial. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy and falls far short of that required for an upgrade of her characterization of service. Relief is not warranted.

The Applicant implies that disciplinary problems were in part the result of youth and immaturity. 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. Relief denied.

The Applicant also expressed a desire to “join the Navy again.” The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces. Reenlistment policy of the naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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 02 until 25 April 2005, Article 1910-142 [formerly 3630605], SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 87 (missing movement).

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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