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

 ex-ATAR, USN
Docket No. ND03-00347

Applicant’s Request

The application for discharge review was received on 20021223.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance discharge review before a traveling panel closest to Detroit, MI.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area.  The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20031205.  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)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “My discharge was inequitable because at the time of my incodents I was dealing with bouts of Depression.  I was seeking help prior to the misconduct in question.  I was not aware of exactly the name of this disorder at the time.
I would not receive proper care and agknowledgement of this until I was diagnost at the VA hospital in Detroit.

Therefore I request an upgrade to Honorable Discharge and respectfully request my Reenlistment code be changed to RE-1.

My condition is manageable by medication and has aloud me to pursue a normal emotional state.

Given the opportunity, I would much like to return to Active Duty in the Navy and fill my obligations to my country.

I request a reply on this matter.”

Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION."  None were found.

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

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	980720 - 990217	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  990218		Date of Discharge:  001108

Length of Service (years, months, days):

	Active:    01  08  21
	Inactive:  None

Age at Entry:  23			Years Contracted:  4

Education Level:  11			AFQT:  65

Highest Rate:  ATAA

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:  None

* No Marks Found

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:

000530:	NJP for violation of UCMJ, Article 92: Failure to obey a lawful regulation or instruction.
	Award:  Forfeiture of $563 per month for 2 months, extra duty for 30 days, reduction to ATAR.  Reduction suspended for 6 months.  No indication of appeal in the record.

000814:	Vacate suspended reduction to ATAR awarded at CO’s NJP dated 000530.

000814:	NJP for violation of UCMJ, Article 86: Absence without leave on 000630, violation of UCMJ Article 90: Assaulting/willfully disobeying superior commissioned officer on 000630.
	Award:  Correctional custody for 30 days.  No indication of appeal in the record.

001018:	NJP for violation of UCMJ, Article 86: Fail to go to appointed place of duty on 0700, 000826, to wit: duty section muster, violation of UCMJ Article 107: False official statement.
	Award: Reprimand:  Oral/writing.  No indication of appeal in the record.

001018:	Retention Warning:  [Extracted from Commanding Officer’s letter dated 001030 provided by the Applicant.]  No further information found in service record.
	
001030:	Commanding Officer recommended a general (under honorable) discharge by reason of misconduct due to the commission of a serious offense.  Commanding Officer’s comments (verbatim):  [On 25 August 2000, Airman Recruit G_ (Applicant) stated to his Leading Petty Officer that he would be sick-in-quarters (SIQ) for the weekend and unable to perform duty.  Airman Recruit G_ (Applicant) subsequently missed his assigned weekend duty.  Later it was found that Airman Recruit G_ (Applicant) was not in fact SIQ and was not even in his room during the weekend in question.  On 18 October 2000 Airman Recruit G_ (Applicant) was found guilty at Captain’s Mast of Unauthorized Absence and Making False Official Statements.  During the period of time Airman Recruit G_ (Applicant) has been onboard, he has been described as a below average sailor.  Airman Recruit G_’s (Applicant’s) lack on integrity in dealing with his supervisors demonstrates that he lacks the potential for continued naval service.  I approve his separation and recommend that his discharge be characterized as General (Under Honorable Conditions).]  [Provided by the Applicant as supporting documents.]

001108:	DD Form 214: Applicant discharged general (under honorable conditions) by reason of misconduct due to the commission of a serious offense.

Partial discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20001108 with a characterization of 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).

Issue 1:  The Applicant contends that his problems in the Navy can be attributed to his "bouts of depression."  While he may feel that his depression was 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 on this basis is denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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, a positive employment record,  and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted.   

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 30, dated 7 Nov 00, effective 30 Aug 00 until 24 Jan 01, 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