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

FOR OFFICIAL USE ONLY

ex-SKSN, USN
Docket No. ND06-00647

Applicant’s Request

The application for discharge review was received on 20060412.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable.  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 20070125.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, impropriety in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was 4 to 1 that the discharge shall change to:   GENERAL (UNDER HONORABLE CONDITIONS)/SECRETARIAL AUTHORITY, authority: MILPERSMAN 1910-164, Separation Code “JFF.”

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

No issues were submitted by the Applicant.  The Applicant is seeking and upgrade to HONORABLE claiming mitigating circumstances caused his unauthorized absence and his missing ships movement.

Documentation

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

Applicant’s DD Form 214 (Member 4)
Applicant’s DD Form 214 (Member 1)
Applicant’s DD Form 214
Divorce papers (4 pgs)
Special Request Authorization Chit
Standard Transfer Orders (3 pgs)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19980407 - 19980909	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19980910		Date of Discharge:  20020910

Length of Service (years, months, days):

	Active:    04  00  01  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  21

Years Contracted:  4 

Education Level:  13				AFQT:  56

Highest Rate:  SKSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.0 (5) 		Behavior:  1.8 (5) 		OTA:  2.15

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Navy Unit Commendation, Navy E Ribbon 2, National Defense Service Medal, Sea Service Ribbon 3, NATO Medal Kosovo Campaign Medal

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

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

Chronological Listing of Significant Service Events: 

991123:	NJP for violation of UCMJ, Article 86: Absence without leave.
	Violation of UCMJ, Article 107: False official statement.
	Award:  Forfeiture of $558.90 pay per month for 2 months, reduction to E-2.  No indication of appeal in the record.

011207:	NJP for violation of UCMJ, Article 92: Failure to obey order or regulation, violation of UCMJ, Article 86: Absence without leave.
	Violation of UCMJ, Article 113: Misbehavior of sentinel.
	Award:  Forfeiture of ½ pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-2 (suspended for 6 months).  No indication of appeal in the record. [Extracted from CO’s message].

020503:	NAVPERS 1070/613 Counseling/Warning issued [Extracted from CO’s message].

020808:	NJP for violation of UCMJ, Article 86: Absent without leave.
Violation of UCMJ, Article 87: Missing movement.
	Award:  Forfeiture of $784.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction in rate (suspended for 3 months).  No indication of appeal in the record.

020809:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to pattern of misconduct and misconduct due to commission of a serious offense.

020809:	Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

020819:	Commanding Officer, USS LASALLE (AGF 3), recommended to COMFAIRMED Naples, Applicant’s discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct and commission of a serious offense.

020824:	Commanding Officer, USS LA SALLE (AGF 3) directed the Applicant's under other than honorable conditions discharge by reason of misconduct commission of a serious offense.
Service Record contained a partial 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 20020910 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 improper and inequitable (C and D).  

The Applicant is seeking an upgrade to honorable claiming mitigating circumstances caused his unauthorized absence and his missing ships movement.  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, 3 nonjudicial punishment proceedings for violations of Articles 86 (Unauthorized absence), 87 (Missing movement), 92 (Failure to obey order or regulation, 107 (False official statement) and 113 (Misbehavior of sentinel) of the UCMJ.  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, on this basis, is not warranted.

However, during the documents review, it was discovered that the Applicant was discharged after the end of the Applicant’s obligated service (EAOS).  Because the Applicant was discharged after his EAOS, and in accordance with MILPERSMAN instruction 1910 - 208, the board voted  4 to 1 to upgrade the Applicant’s discharge to General (Under Honorable Conditions) with a narrative reason change to Secretarial Authority. Relief for the characterization of service and narrative reason is granted.

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), 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.  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 87 (Missing movement), 92 (Failure to obey order or regulation), 107 (False official statement) and 113 (Misbehavior of sentinel).  

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.

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