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

FOR OFFICIAL USE ONLY

ex-EMFA, USN
Docket No. ND06-00537

Applicant’s Request

The application for discharge review was received on 20060308.  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 20070110.  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 Under Other Than Honorable Conditions by reason of misconduct due to commission of serious offense. 

The NDRB did note administrative error(s) on the original DD Form 214.  Block 24, Character of Service, should read:  “UNDER OTHER THAN HONORABLE CONDITIONS,” and Block 25, Separation Authority, should read:  “MILPERSMAN 1910-142,” and Block 28, Narrative Reason for Separation, should read:  “MISCONDUCT.”  The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Decisional Issues

Applicant presented no decisional issues.  Applicant is claiming immaturity and bad decisions for his actions.

Documentation

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

Applicant’s DD Form 214 (Service 2)
Character Reference ltr from G_ J. H_, dtd February 20, 2006

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19980918 - 19990419	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19990420		Date of Discharge:  20001227

Length of Service (years, months, days):

	Active:    01  08 06  (Does not exclude lost time.)
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  192 days
	Confinement:		  6 days

Age at Entry:  18

Years Contracted:  4

Education Level:  11				AFQT:  43

Highest Rate:  EMFA

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):  None listed.

* Not Available

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-142 (formerly 3630605).  [Note BUPERSINST 1900.8 list the authority as 3630600 instead of 3630605]
.

Chronological Listing of Significant Service Events: 

980911:	Pre-service waiver for A.D.D./HYA approved by CNRC.

991124:	Medical evaluation at SARD 5N.
	Reason: Patient referred for evaluation by Command DAPA due to an alcohol related incident.
	Current incident is the result of patient being caught by GLPD during local hotel raids.  BAC was .108.
	DSM-IV Impression: Based on the reported and recorded information, the patient does not appear to meet DSM-IV diagnostic criteria for alcohol dependence or alcohol abuse at this time.
	Recommendations:  IMPACT.

991214:	NJP for violation of UCMJ, Article 92: Underage drinking on 991120.
	Award:  Forfeiture of $479.00 per month for 2 months, restriction and extra duty for 45 days (15 days susp for 6 months.)  No indication of appeal in the record.

000501:	Medical evaluation on USS TORTUGA (CSD 96) HMCS(SW/FMF) C. A. M_, USN, Sel. Ancillary Svcs and A_ L. R_, LT, MC, USNR
	20 year old white male brought to medical after vocalizing suicidal ideation.  SVMN states that he received an anonymous phone call Friday from a “man” who stated “I’m your dad - I know where you are!”  SVMN hasn’t seen or spoken to his father in 15 years.  Pt was 18 when he was put in a foster home after suffering physical abuse from his father.  Pt states he was a “living punching bag”.  Pt was raised by foster parents and was hospitalized at age 11 for 1 year - for suicidal ideation.  After 1 year he was released and sent to foster parents that also abused.
	A: Suicidal ideations vs panic/anxiety disorder.
	P: MO onboard is on leave until 15May.  Due to pt’s history; current behavior.  Pt is deferred to NMCP emergency room for psych eval.

000509:	Applicant to unauthorized absence at 0800 on 000509.

000530:	Applicant from unauthorized absence at 2230 on 000530 (21 days/surrendered).

000604:	Applicant to unauthorized absence on 000604.  [Extracted from DD Form 214, Block 29.]

001122:	Applicant from unauthorized absence on 001122 (171 days).  [Extracted from DD Form 214, Block 29.]

001122:	Applicant to confinement.  [Extracted from DD Form 214, Block 29.]

001128:	Applicant from confinement (6 days).  [Extracted from DD Form 214, Block 29.]

001227:	DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to commission of a serious offense - absence without leave - 30 days or more,  authority: MILPERSMAN 1910-142.

Service Record did not contain the Administrative Discharge package. 
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 20001227 by reason of misconduct due to commission of 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).  Although the administrative discharge package was missing, the Board presumed regularity in the conduct of governmental affairs (E).

The Applicant introduced no decisional issues for consideration by the Board.  However, 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 nonjudicial punishment proceeding for violation of Article 92 (Failure to obey order or regulation) of the UCMJ.  The Applicant also had a period of 192 days unauthorized absence on the record.  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 is claiming he was immature and made bad decisions.  The statement contained in the application that the Applicant’s admission was due to his youth and immaturity was found to be insufficient justification to warrant a change in the reason for discharge.  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 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 30, effective 
30 Aug 00 until 24 Jan 01, 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, Articles 86 (unauthorized absence more than 30 days) and 92 (Failure to obey order or regulation).  

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 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 “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