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NAVY | DRB | 2006_Navy | ND0600395
Original file (ND0600395.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-HA, USN
Docket No. ND06-00395

Applicant’s Request
The application for discharge review was received on 20060111 . 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 20061116 . 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 General (Under 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:

“ My discharge was improper because I was penalized because of the conduct of my spouse. I was not given the option of an admin hearing prior to my discharge. I signed a page 13, and left the state on the same day. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Service 2)
Administrative Remarks, dtd June 2, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USNR     19930730 – 19970922 PRESUME HON

Period of Service Under Review :
Date of Enlistment: 19970923              Date of Discharge: 20000602

Length of Service (years, months, days):

          Active: 0 2 0 8 10
         Inactive: None

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

Age at Entry: 23

Years Contracted: 4

Education Level: 12                                 AFQT: 67

Highest Rate: H N

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3 . 0 ( 1 )              Behavior: 1 . 0 ( 1 )                          OTA: 2 . 67

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


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

GENER AL (UNDER HONORABLE CONDITIONS) /MISCONDUCT, authority: MILPERSMAN, Article 1910-142 (formerly 3630605).
Chronological Listing of Significant Service Events :

970923:  Reenlisted this date for a term of 4 years.

990426:  NJP for violation of UCMJ, Article 92.
         Award: Reduction to E-2. No indication of appeal in the record.
         [Extracted from Evaluation Report & Counseling Record, dtd 980716 to 990426].
990709 :  Retention Warning: Advised of deficiency ( Violation of the UCMJ, Article 86 ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
000407:  Unauthorized absence from 0700, 000407 from Naval Ambulatory Care Center. Voluntarily returned on board at 1620, 000407. On unauthorized absence for a period of 9 hours-20 minutes.

000525:  Unauthorized absence from 0700, 000525 from Naval Ambulatory Care Center, CT. Voluntarily returned onboard at 1130, 000525. On unauthorized absence for a period of 4 hours.

 000602:  DD Form 214: Applicant discharged with characterization of General (Under Honorable Condition) by reason of misconduct due to commission of a serious offense.

Service Record did not contain the Adminis trative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20000602 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of general (under honorable conditions). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D). The Board presumed regularity in the conduct of governmental affairs (E).
The Applicant contends that her “discharge was improper because [she] was penalized because of the conduct of [her] spouse.” The Applicant’s records contain nonjudicial punishment proceedings on 19990426 for violation of UCMJ Article 92 Failure to obey order, regulation, a retention warning on 19990709 for violation of UCMJ Article 86 Unauthorized absence, and two additional instances of unauthorized absences that were not adjudicated. While the Applicant may feel that the conduct of her spouse was the underlying cause of her misconduct, the records clearly reflect her willful misconduct made her unfit for further service. What is more, the Applicant did not submit any evidence to support her contention. The evidence of record did not show that the Applicant was either not responsible for her conduct or that she should not be held accountable for her actions. Relief denied.

The Applicant further contends that her discharge was improper because she “was not given the option of an admin hearing.” In the absence of a complete discharge package, the Board presumed that the Applicant was properly notified, processed, and discharged in accordance with MILPERSMAN 1910-142. The Applicant’s DD Form 214 reflects a separation code of HKQ, indicating that she waived the right to an administrative separation board. The Applicant bears the burden of overcoming this presumption of regularity by presenting any substantial and credible evidence. The Applicant’s statements alone are insufficient to establish h er claim. Therefore, the Board considered the Applicant’s discharge proper and equitable. Relief not warranted.

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 post-service accomplishments or any other evidence related to the 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. 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 92 Failure to obey order, regulation .
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 .

 E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .


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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