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

FOR OFFICIAL USE ONLY

ex-SR, USN
Docket No. ND06-00465

Applicant’s Request

The application for discharge review was received on 20060210.  The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061130.  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 characterization of the discharge shall not change.  The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to commission of a serious offense.

 PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Equity  -- Personal family problems contributed to misconduct

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214 (Member 1) (2)
Applicant’s DD Form 214 (Member 4) (2)
Postal Operations Course Diploma from Adjutant General School United States Army Soldier Support Institute, dtd December 11, 1997 (2)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19970519 - 19970819	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19970820		Date of Discharge:  19991228

Length of Service (years, months, days):

	Active:    02  04  08  (Does not exclude lost time.)
	Inactive:  None

Time Lost During This Period (days): 

	Unauthorized absence:  4 days
	Confinement:		  26 days

Age at Entry:  22

Years Contracted:  4 

Education Level:  12				AFQT:  71

Highest Rate:  PCSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NA*			Behavior:  NA*		OTA:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Sea Service Deployment Ribbon, Armed Forces Expeditionary Medal

* Not Available

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  MILPERSMAN, Article 1910-142.

Chronological Listing of Significant Service Events: 

981030:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
	Award:  Reduction in rate to E-1 (suspended for 6 months), forfeiture of $519.00 pay per month for 1 month (suspended for 6 months), restriction and extra duty for 30 days.  No indication of appeal in the record.

981101:	Retention Warning:  Advised of deficiency (VUCMJ, Article 86-Unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

981203:	Forfeiture of pay and reduction in pay grade awarded at NJP on 981030 vacated due to continued misconduct.

981203:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
	Award:  3 days confinement on bread and water.  No indication of appeal in the record.

990219:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
	Award:  Forfeiture of $479.00 pay per month for 1 month, restriction and extra duty for 45 days.  No indication of appeal in the record.

990303:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
	Award:  3 days confinement bread & water.  No indication of appeal in the record.

990407:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
	Award:  21 days restriction.  No indication of appeal in the record.

990711:	NJP for violation of UCMJ, Article 128: Assault.
Violation of UCMJ, Article 134: Disorderly conduct, drunkenness.
	Award:  Forfeiture of $479.00 pay per month for 1 month, restriction for 30 days.  No indication of appeal in the record.

990802:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
	Award:  3 days confinement bread & water.  No indication of appeal in the record.

991105:	Summary Court-Martial.
	Violation of the UCMJ, Article 86 (8 specifications): Unauthorized absence.
	Violation of the UCMJ, Article 87: Missing ship’s movement. 
	Finding: not found in record.
	Sentence: Forfeiture of $630.00 pay per month for one month, 21 days confinement.
	CA action 991106:  Approved findings and sentence.

991106:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct commission of a serious offense and misconduct pattern of misconduct.

991106:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

991107:	Commanding Officer, USS KITTY HAWK (CV 63) recommended discharge under other than honorable conditions by reason of misconduct commission of a serious offense and misconduct pattern of misconduct.  Commanding Officer’s comments:  “SR M_ (Applicant) has been convicted at summary court-martial and awarded nonjudicial punishment on seven occasions in the past year.  All of these disciplinary proceedings, with the exception of one nonjudicial punishment, have been based upon her unauthorized absences, with her most recent UA resulting in missing ship’s movement.  Although her chain of command has made every effort to motivate SR M_ and has spent innumerable hours counseling her, SR M_ refuses to become a productive service member.  She is a liability to this command, draining incalculable hours from her chain of command who must ensure that she is awake and present and forcing her shipmates to work even harder.  Her conduct while in the service has constituted a significant departure from the conduct expected of members of the Naval Service.  Accordingly, I strongly recommend SR M_’s separation from the Naval Service with an Other Than Honorable discharge.”

991109:	GCMCA, Commander, Carrier Group 5 directed the Applicant's discharge under other than honorable conditions by reason of misconduct commission of a serious offense.

991125:	Applicant to unauthorized absence at 0700 on 991125.

991129:	Applicant from unauthorized absence at 0647 on 991129 (4 days/surrendered).

991217:	NJP for violation of UCMJ, Article 86 (2 specifications):
	Spec 1: UA from unit, TPU NAVSTA SDIEGO, from 0700, 991125 to 0647, 991129.
	Spec 2: UA from unit, TPU NAVSTA SDIEGO, from 0700, 991214 to 1930, 991214.
	Award:  Forfeiture of $100.00 pay per month for 1 month, restriction and extra duty for 10 days.  No indication of appeal in the record.

991228:	Applicant separated

Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19991228 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of under other than honorable conditions.  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).  The Board presumed regularity in the conduct of governmental affairs (E).

The Applicant contends her disciplinary problems were the result of stress caused by “personal family issues.”  The NDRB recognizes that serving in the U.S. Navy is challenging.  Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country.  It must be noted that most members of the Navy serve honorably and therefore earn their honorable discharges.  In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due.  The NDRB found that the Applicant's service was equitably characterized.  Relief denied.

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 one retention warning; eight nonjudicial punishment proceedings for violations of UCMJ Articles 86 (unauthorized absence), 128 (assault), 134 (Disorderly conduct); and a summary court martial for Violations of UCMJ Articles 87 (missing movement) and Article 86 (eight specifications of unauthorized absence).  Violations of UCMJ Articles 87 and 128 are considered serious offenses for which a punitive discharge is authorized at courts martial.  The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy and falls far short of that required for an upgrade of her characterization of service.  Relief is not warranted.

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 additional evidence related to this discharge.  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.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 87 (missing ship’s movement) and 128 (assault).

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

E.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 1332.28 and other Decisional Documents by going online at “http://Boards.law.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:

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