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

ex-AR, USN
Docket No. ND02-00456

Applicant’s Request

The application for discharge review, received 020225, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021104.  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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  On February 9th 2000, my father, L_ T_ was hospitalized in critical condition at Sioux Valley Hospital in Sioux Falls, SD with two brain aneurysms that ruptured and lead to several strokes following surgery.  During this time, I was stationed on the USS Abraham Lincoln (CVN-72).  I received an ARC message about my father while on deployment stating his current condition and a request by Dr. C_ that I be present at this time.  I then took emergency leave for two weeks from Feb. 10th  2000 until Feb. 24th 2000.  During this time, my father's condition was still critical and left him partially paralyzed on his left side.  I contacted LCDR M_ on board USS Abraham Lincoln to request an extension on my leave period.  The request was denied.  I returned, as scheduled, to the USS Abraham Lincoln with my dad showing no recovery signs.  The doctors believed there was no chance of recovery when I left.  I then requested a hardship discharge because my dad was a business and livestock owner.  He was unable to fulfill all duties in his daily life for an unknown amount of time.  I was only person able to care for my dad and his successful business.  My father did live alone and had no close relatives or friends to provide for his care. I was told by the Air-Mini Boss that a hardship discharge would take 2-4 months.  He then assumed my dad would have a full recovery by then and held my discharge request.  Everybody was very aware of my situation and my dad's condition.  I followed all procedures to obtain a proper discharge.  LCDR M_ then told me I would be transferred to the closest available Navel facility on May 1st, which was located 55 miles from my dad's home.  I had informed my dad that I would relocate on May 1st, 2000 to Sioux Falls Naval Recruiting Station.  On May 4th  I was informed that I was not going to be transferred and that all request where denied.
My dad's condition was serious so I took the matter upon myself to leave my duty station on May 6th 2000 and return home to provide care for my father.  During this time, I assisted at Midstates Flooring Co., tended to his livestock, and provided care to him.  It was obvious that I was the only available person and relative to provide this amount of care that he needed.  I often think about what would happen to him and his business if I did not return when I did.  On 20th Sept. 2000, I returned to Naval Authorities at Naval Station Everett and was transported to USS Abraham Lincoln (CVN-72).  Upon arrival, I was court marshaled and received 25 days in the Navel Corrections Facility (brig) onboard the ship.  I received a General Discharge (under honorable conditions) and returned home 18th Feb. 2001.  I still care for my father to this day by driving and doing strenuous work at his business and at home while attending South Dakota State University as a full-time student. I believe the discharge I received was improper because the decision for the request for a hardship discharge and a request for a relocation were denied by USS Abraham Lincoln (CVN-72) based upon opinion and not facts which were stated by numerous people including many requests for my presents by doctors, relatives, and Senator T_ D_.  I feel my time served was helpful in life and I worked to the best of my abilities while onboard the ship.  I appreciated the great training and knowledge I received while serving in the Navy and would like to reflect that ability to others by receiving an honorable discharge.  My family is grateful for the risks I took to join the Navy and the risks I took to come home to care for my dad.

Documentation

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

Letter to Capt C_ from Sen. T_ D_, dtd Feb 23, 2000
Letter to Applicant's command from K_ S_, dtd Feb 23, 2000, concerning hardship request
Letter to Applicant's command from K_ & I_ S_, dtd 9/10/00 concerning hardship request
Copy of DD Form 214.

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	990517 - 990526	COG

Period of Service Under Review:

Date of Enlistment:  990527		Date of Discharge:  010217

Length of Service (years, months, days):

	Active:    01  08  21 (Doesn't exclude lost/confinement time.)
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  43

Highest Rate:  AA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  154

*No Marks Found in service record.

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

Chronological Listing of Significant Service Events:

991029:	Unauthorized absence from USS ABRAHAM LINCOLN (CVN 72)

991101:	Surrendered onboard.  (3 days)

991227:	Unauthorized absence from USS ABRAHAM LINCOLN (CVN 72).

000103:	Surrendered onboard.  (7 days)

000506:	Unauthorized absence from USS ABRAHAM LINCOLN (CVN 72).

000607:	Declared a deserter.

000920:	Surrendered to military authorities. (137 days)

001010:	Transferred to USS ABRAHAM LINCOLN (CVN 72).

001120:	Summary Court Martial
	Violation of the UCMJ, Article 86:  unauthorized absence on or about 00MAY06 to 00SEP20; violation of the UCMJ, Article 87:  missing ships movement on 00MAY12.
	Sentence:  Reduction to E-1 and confinement for 30 days.
	CA 001201:  Sentence approved and ordered executed.

001120:	To confinement.

001214:	From confinement; to duty.

010203:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense, as evidenced by your SCM of 20 Nov 2000.

010203:	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.

010206:	Commanding Officer, USS ABRAHAM LINCOLN advised CNPC that applicant's discharge was directed with a General (Under Honorable Conditions) by reason of misconduct due to the commission of a serious offense.  Commanding officer’s comments (verbatim):  "AR T_ (Applicant) is incapable of adhering to the rules and regulations of the Navy and this command.  He is simply unwilling to conduct himself in a manner conducive to good order and discipline.  He has been a below average performer since reporting to this command, and he freely admits that the only effort he has put forth during his limited time on board is that designed to get his discharged from the Navy.  As a Special courts-Martial Convening Authority, I hereby direct that AR T_ (Applicant) be separated from the naval service by reason of misconduct due to a commission of a serious offense, and that his characterization of service be General (Under Honorable Conditions).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 010217 with a General (Under Honorable Conditions) for misconduct due to commission of a serious offense (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).

Responding to the Applicant’s issues, the Board noted that to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity 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.  While the Board sympathesized with the member’s plight prior to his separation, the Board felt that the Applicant’s family problems did not mitigate his misconduct.  The Board felt the characterization of the member’s discharge was appropriate.  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 additional documentation to support any claims of post-service accomplishments 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 31, dated 20 Feb 01, effective 25 Jan 01 until Present, Article 1910-142  [formerly 3630605]. SEPARATION 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 "afls14.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