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

ex-HA, USN
Docket No. ND03-01427 

Applicant’s Request

The application for discharge review was received on 20030903.  The Applicant requests the 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040812.  After a thorough review of the available 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/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.  “RESPECTFULLY REQUEST A CHANGE IN DISCHARGE IN ORDER TO RE-ENTER THE NAVY.  MY DECISION TO SEPARATE WAS MADE HASTELY AND IRRATIONAL.  MY ACTIONS WERE MANIFESTED MAINLY FROM 2 DEATHS IN THE FAMILY AS WELL AS MY WIFE HAVING A MISCARRIAGE.  AFTER I WAS SEPARATED AND GO THINGS IN ORDER I REALIZED WHAT A HUGE MISTAKE I MADE.  I WENT ABOUT SOLVING MY PROBLEMS THE WRONG WAY BY DESERTING MY DUTY AS A SAILOR, BUT NO I’M TRYING TO RECONSTRUCT MY LIFE AND THE NAVY IS MY CORNER STONE TO ACHIEVING MY GOALS AND SUPPORTING MY FAMILY.  I KNOW NOW HOW TO STICK TO MY COMMITMENT AND HONOR MY DUTY AS A SAILOR WITH COURAGE.  BEFORE I WAS SEPARATED I HAD DREAMS OF MAKING THE NAVY A CAREER AND RETIRING AND WOULD LIKE TO GET A SECOND CHANCE AND FULFILL THAT DREAM OF SERVING MY COUNTRY WITH PRIDE.  I HAVE A NEW PERSPECTIVE ON LIFE AND HOW TO APPRECIATE RESPONSIBILITY.  I CAN PROMISE THAT IF ACCEPTED BACK INTO THE NAVY, I WILL NEVER GO BACK ON MY WORD AND ABANDON MY JOB AS A SAILOR AND DEFENDER OF FREEDOM FOR THE WORLDS FINEST NAVY.

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):

	Inactive:  USNR(DEP)		010512 - 011106	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  011107		Date of Discharge:  020913

Length of Service (years, months, days):

	Active:    00  10  06 
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 (12 month extention)

Education Level:  12			AFQT:  NMF*

Highest Rate:  HA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  55

*No marks found in service record book

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

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

Chronological Listing of Significant Service Events:

020610:	Applicant to UA.
020805:	Applicant from UA.

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020913 under other than honorable conditions for misconduct due to absent without leave - 30 days or more (A).  In the absence of a 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.  When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  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 a period of unauthorized absence lasting 55 days.  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 contends that his problems in the Navy were “manifested mainly from 2 deaths in the family.”  While he may feel that personal and family issues were the underlying cause of his misconduct, the record 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.

Concerning a reenlistment, 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.

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), re-issued October 2002, effective 22 Aug 02 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