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

ex-AR, USNR
Docket No. ND03-01389

Applicant’s Request

The application for discharge review was received on 20030820.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance hearing before the board in the Washington National Capital Region.  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) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040712.  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).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “Dear NDRB:

First of all I would like to extend a special thanks to the U.S. Naval Service for giving me the opportunity to become a fellow shipmate.  The things that I learned while I was enlisted will never leave me and has help me to become the Minister, Husband, Father, and Community Leader that I am today.  As a graduate fresh out of high I couldn't wait to leave for boot camp.  All four year of high school I was a very active member of the JROTC program.  I didn't score very high on the ASVAB Test, but I was still ready to go and serve my country to the best of my ability.

Growing up in the poor areas of South Florida was not easy and I wanted my parents, family, and close friends to be proud of me.  Shortly after boot-camp two occurrences happen that would change my whole life.  First off I got the news that my girlfriend was pregnant with my first child, keeping in mind that I was only nineteen years old.  Secondly I lost my Uncle, Best Friend, and Active Army First Sergeant C_ F_ to prostate cancer in which I didn’t find out until later after he had past.  At this point is when my moral started to do a downward spiral I became a heavy drinker and started to miss being home more and more.

After my separation from the Navy I went through a very deep and troubling depression.  Due to my General Discharge I have lost countless numbers of jobs.  It was so hard at one point that I was having thoughts of suicide.  I later found myself going to The Divine Love Prayer & Deliverance Ministries in which GOD has changed my whole entire life.  I am a very active Minister and youth leader there.  Through the guidance of my Leader Pastor M_ F_ M_, and remembering the teachings of he Naval Services I have made many accomplishments over the years.

I am happily married to a wonderful wife and family.  Personal problems, and my immaturity impaired my ability to serve this I do admit.  I would like to get a good career in which my discharge has stop its process due to it being a General Discharge.  Please consider my plea by upgrading it to a Honorable Discharge.

Thank you,
Minister M_ C_ L_ (Applicant)”

Documentation

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

Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive: None
	Active:   None

Period of Service Under Review:

Date of Enlistment:  970418		Date of Discharge:  980624

Length of Service (years, months, days):

	Active:    01  02  07
	Inactive:  None

Age at Entry:  18			Years Contracted:  8

Education Level:  12			AFQT:  37

Highest Rate:  AN

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:  28

*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:

980128:	Applicant to unauthorized absence on 0630, 980128.

980225:	Applicant from unauthorized absence 2030, 980225 (28 days/surrendered).

980307:	Summary Court-Martial.
	Charge I: violation of the UCMJ, Article 86:
	Specification 1: Unauthorized absence for 28 days.
	Specification 2: Unauthorized absence for 3 hours
	Specification 3: Unauthorized absence for 3 hours
	Charge II: violation of the UCMJ, Article 87:
	Specification: Missing movement
	Charge III: violation of the UCMJ, Article 115:
	Specification: Feigned being sick in quarters.
	Finding: to Charge I, II, and III and the specifications thereunder, guilty.
	Sentence: Forfeiture of $620 per month for 1 month, confinement for 30 days, reduction to AR Forfeiture of $000.00.
	CA action 980307: Sentence approved and ordered executed.

980601:	NJP for violation of UCMJ, Article 86, violation of UCMJ, Article 92 (2 specs).  No further information found in service record.
	Award: Forfeiture of $463 per month for 2 months.  No indication of appeal in the record.

980624:	DD Form 214: Applicant discharged general (under honorable conditions) by reason of misconduct due to the commission of a serious offense.

Applicant’s discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980624 with a general (under honorable conditions) for misconduct due to commission of a serious offense (A).  In the absence of the discharge package, the Board presumed regularity in the conduct of governmental affairs (B) and, after a thorough review of available records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (C and D).

Issue 1:  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.  While he may feel that his family and personal problems were contributing factors, they do not mitigate the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service, demonstrating he was unsuitable for further service.  His service record is marred by award of Summary Court-Martial and nonjudicial punishment (NJP) thus substantiating the misconduct.  Relief denied.

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, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.   At this time, the Applicant has not provided sufficient verifiable documentation of good character and conduct to mitigate his misconduct while on active duty. 

The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable.     

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 other evidence related to his 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 18, effective 
12 Dec 97 until 29 March 2000, 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