Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600824
Original file (ND0600824.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND06-00824

Applicant ’s Request
The application for discharge review was received on 20060526 . 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 200 7 032 2 . 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 - ISSUES AND DOCUMENTATION


Decisional Issues
EQUITY – Family responsibilities and youth.
 EQUITY – Post-service conduct.
Documentation
In addition to the service and medical record s , the following additional documentation, submitted by the Applicant , was considered:
Applicant ’s DD Form 214 (Service 2)
Applicant ’s statement , undated (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20011210 - 20020128       COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20020129              Date of Discharge: 20021008

Length of Service (years, months, days):

         Active: 00 08 10 (Does not exclude lost time )
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 73 day s
         Confinement:              None

Age at Entry: 1 9

Years Contracted: 4 ( 12 -month extension)

 Education Level: GED                        AFQT: 80

Highest Rate: AA

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 :

020621:  Applicant to unauthorized absence at 1600 .
02062 4 :  Applicant from unauthorized absence at 0755 .
020911:  Charges preferred for violation of the Uniform Code of Military Justice (UCMJ) Article 86: On or about 2145, 020628 without authority, absent himself from his organization, and did remain so absent until on or about 0135, 020908 .

020911 :  Applicant requested an administrative discharge in lieu of a trial by court-martial. The Applicant stated he underst ood the elements of the offense with which he was charged, and admitted he was guilty of the charge preferred against him. Specifically, he admitted to violating UCMJ, Article 86: On or about 2145, 020628 without authority, absent himself from his organization, and did remain so absent until on or about 0135, 020908. 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.

020913 :  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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20021008 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 u nique to this case, the Board found that the discharge was proper and equitable (C and D).

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 two periods of unauthorized absence totaling 73 days. The Applicant’s 71-day period of unauthorized absence is a violation of Article 86 of the UCMJ and the commission of a serious offense. 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.

The Applicant implies that his discharge is inequitable because he returned home to deal with “personal family issues” and because he was immature. While he may feel that his immaturity and personal problems were the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The Applicant implies that his discharge is inequitable in light of his post-service conduct. 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 and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient post-service documentation to consider mitigating the misconduct that resulted in the characterization of discharge. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing enlistment, employment or educational opportunities. 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 Present, 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 Co de 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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

Similar Decisions

  • NAVY | DRB | 2004_Navy | ND04-00119

    Original file (ND04-00119.rtf) Auto-classification: Denied

    ND04-00119 Applicant’s Request The application for discharge review was received on 20031027. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Chronological Listing of Significant Service Events :020304: NJP for violation of UCMJ, Article 86 (5 Specifications): Failed to go to appointed place of duty, to wit: Restricted muster.

  • NAVY | DRB | 2003_Navy | ND03-00540

    Original file (ND03-00540.rtf) Auto-classification: Denied

    ND03-00540 Applicant’s Request The application for discharge review was received on 20030212. The Applicant requests a documentary record discharge review. “I served honorably for 2 years before I made the mistakes in May, Jun & July of 1997.

  • USMC | DRB | 2003_Marine | MD03-00926

    Original file (MD03-00926.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. CHARGE II: This charge is faulty because it is based upon the premise that an order was issued. Respectfully,” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Three pages from Applicant’s service record Applicant’s DD Form 214 (Member 1 and 4) Appointment of Veterans...

  • NAVY | DRB | 2003_Navy | ND03-00870

    Original file (ND03-00870.rtf) Auto-classification: Denied

    ND03-00870 Applicant’s Request The application for discharge review was received on 20030424. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. If you are given a LAWFUL order by a superior, no matter what that order might be, you MUST obey it.

  • NAVY | DRB | 2004_Navy | ND04-01162

    Original file (ND04-01162.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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): Active: None Inactive: USNR (DEP) 980617 - 980921 COG Period of Service Under Review :Date of Enlistment: 980922 Date of...

  • NAVY | DRB | 1999_Navy | ND99-00864

    Original file (ND99-00864.rtf) Auto-classification: Denied

    ND99-00864 Applicant’s Request The application for discharge review, received 990610, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. Chronological Listing of Significant Service Events : 900425: Applicant briefed on Navy's policy on drug and alcohol abuse.910910: NJP for violation of UCMJ, Article 86: Unauthorized absence 2400, 27 August 1991 to 0507, 28 August 1991. You should read Enclosure (5) of the...

  • NAVY | DRB | 2005_Navy | ND0500432

    Original file (ND0500432.rtf) Auto-classification: Denied

    ND05-00432 Applicant’s Request The application for discharge review was received on 20050112. The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). 030905: Applicant to unauthorized absence 2359, 030905.031118: Applicant apprehended by civilian authorities at 0155, 031105 for unauthorized absence and returned to military control 1130, 031118 (61 days/apprehended).031120: Court-Martial charges preferred...

  • NAVY | DRB | 2005_Navy | ND0500655

    Original file (ND0500655.rtf) Auto-classification: Denied

    ND05-00655 Applicant’s Request The application for discharge review was received on 20050304. The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board.

  • NAVY | DRB | 2000_Navy | ND00-00289

    Original file (ND00-00289.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-FA, USN Docket No. ND00-00289 Applicant’s Request The application for discharge review, received 991227, requested that the characterization of service on the discharge be changed to honorable. Unauthorized absence since 0600, 15Sep97.980114: Charges preferred to court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Unauthorized absence (UA) from 0700, 15Sep97...

  • NAVY | DRB | 2002_Navy | ND02-01078

    Original file (ND02-01078.rtf) Auto-classification: Denied

    ND02-01078 Applicant’s Request The application for discharge review, received 020726, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The Applicant requested a documentary record discharge review. The Applicant’s service was marred by award of one nonjudicial punishment, one summary court-martial, and an unauthorized absence for a period more than 30 days.