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

ex-SA, USN
Docket No. ND01-00878

Applicant’s Request

The application for discharge review, received 010625, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020110.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  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 3630605.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  It has been approximately three years since I was discharged from the U.S. Navy.  I would leave it where it stood but I must express the reason for my request.
I believe I should refrain from sending a novel, but I must include the things that seem substantial to me. Ever since I was young my grandfather spoke of his career in the Navy.  He was proud and every story seemed to lure me in.  I wanted live every story for myself.  Soon after I completed boot camp my grandfather passed into Gods Kingdom.  The feeling of closure in regards to his death was gradating.  My grandmother showed the video of my graduation to him before his death and he was so proud. Shortly there after I completed operations school in Millington, TN.  I went forward to cryptology school in Pensacola.  I started out quite sharp but my life took a sudden turn. My mind was sidetracked because I thought I fell in love.  My motivation was taken from me or should I say covered.  I went from a leader to a follower. When I was at Captains' Mast I explained  to the skipper my position.  I was immature and blind to the outcome.  He was sympathetic but yet had his own position to hold, this I understood.  I was discharged with an OTH and it seemed I had failed. Shortly after I moved back home.  I landed a great job and I am currently there.  Until recently I didn't know how to change this.  This blemish seemed it was to remain there forever. So I proceeded to obtain the correct documents.  The rest lies with you. I understand any position you maintain, Sir or Mama.  I realize I lost the money I put into the GI bill and am without college assistance.  I don't want to push the issue as for as asking any more of you then to understand. I made mistakes in the past and this I cannot change.  The future I can change.  Life will confront me with more challenges and the same goes for all of us.  My strong lead ship will keep me from disaster.  I have chosen to write this letter for the same reason, to show you I am a motivated individual. Sometimes young relatives or friends ask me about the Navy.  I encourage them to choose a direction with their hearts and if the Navy is that desire, then so be it.  For if they maintain their leader ship they will be successful.  Most importantly I tell them in life the truth of three elements will get them to where they want to be.  They are honor, courage, and commitment.  In any case or outcome of all of this, I must say God has been my true savior so unto you, I wish all of his blessings.  Godspeed Sincerely,

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Copy of Toray Today dated March/April 2001
Copy of criminal record check dated July 3, 2001
Character reference dated January 20, 1998
Character reference dated January 15, 1998
Copy of certificate of Class D Training dated November 12, 1997
Copy of testing results from George Stone Center dated October 22,1997

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:    None
	Inactive:  USNR (DEP)		951028 - 960619	COG

Period of Service Under Review:

Date of Enlistment:  960620			Date of Discharge:  971021

Length of Service (years, months, days):

	Active:    01  04  02
	Inactive:  00 00  00

Age at Entry:  17 Parental Consent		Years Contracted:  4

Education Level:  12				AFQT:  46

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA			Behavior:  NMA		OTA:  0.00

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  77

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630605.  [Note BUPERSINST 1900.8 list the authority as 3630600 instead of 3630605]

Chronological Listing of Significant Service Events:

970528:	Applicant to unauthorized absence 0645, 28May97.

970714:	Applicant declared a deserter.

970812:	Applicant from unauthorized absence 1000, 12Aug97 (76 days/surrendered).

970812:	Applicant to unauthorized absence 1100, 12Aug97.

970813:	Applicant from unauthorized absence 1852, 13Aug97 (1 day/surrendered).

970918:	NJP for violation of UCMJ, Article 86 (2 specs): Unauthorized absence violation of UCMJ, Article 121: Larceny and wrongful appropriation, violation of UCMJ, Article 123 (8 specs): Forgery, violation of UCMJ, Article 134 (5 specs): Check, worthless, making and uttering.
	Award: Forfeiture of $505 per month for 2 months, restriction and extra duty for 45 days, reduction to SA.  No indication of appeal in the record. 

970930:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidence by all punishments under the UCMJ in current enlistment.

970930:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. 

971014:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense.

971020:	Chief of Naval Education and Training directed the applicant's discharge under other than honorable conditions by reason of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 971021 under other than honorable conditions for misconduct due to absent without leave - 30 days or more (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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

Issue 1.  The applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the applicant’s enlistment.  Additionally, 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 the service.  However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review.  Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge.  Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct.  The applicant did not provide sufficient documentation to warrant an upgrade to his discharge.  He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Legal representation at a personal appearance hearing is highly recommended but not required.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 
03 Oct 96 until 11 Dec 97, Article 3630605, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT ‑ COMMISSION OF A SERIOUS OFFENSE.

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 “afls10.jag.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:

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