Author: CAP
Last saved by: Department of the Navy
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Docket No. ND99-00981

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

 ex-DS3, USN
Docket No. ND99-00981

Applicant’s Request

The application for discharge review, received 990713, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The applicant requested 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 000512.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 3630650.

The NDRB did note an administrative error on the original DD Form 214.  Block 4.a, Grade, Rate or Rank, should read:  "DSSN" vice "DS3", and Block 4.b, Pay Grade, should read:  "E3" vice E4".  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.  

Documentation

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

Copy of DD Form 214

Applicant stated:  "If requested, I will submit police records, character references, educational achievements and work history or any other documents."  On March 13, 2000, NDRB requested applicant submit post-service documentation.  To date, requested documentation not received.

PART II - SUMMARY OF SERVICE

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

	Active:    None
	Inactive:  USNR (DEP)	920701 - 930421	COG

Period of Service Under Review:

Date of Enlistment:  930422		Date of Discharge:  960131

Length of Service (years, months, days):

	Active:    02  04  22
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  27			AFQT:  82

Highest Rate:  DS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.8 (1)	Behavior:  2.8 (1)		OTA:  2.8

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  138 

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

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority:  NAVMILPERSMAN, Article 1910-106 (formerly 3630650).

Chronological Listing of Significant Service Events:

950602:	Unauthorized absent from USS HARRY W. HILL at NAVSTA San Diego, CA.

950605:	Missed ship's movement this date.

950703:	Declared a deserter having been an unauthorized absentee since 0430, 94JUN02, from USS HARRY W. HILL.

951018:	Apprehended by civil authority at 0900, 18OCT95 at New Orleans, LA, returned to military control 1130, 18OCT95 by Naval Deserter Information Point, Washington, D.C. and enrouted to USS HARRY W. HILL at San Diego, CA for duty.  EDA:  18OCT96.  Ship deployed and applicant was TEMDU at TPU San Diego, CA, for separation processing.

951021:	Pre-trial confinement.

951208:	Charges preferred to special court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86: on or about 2JUN95, absent without authority until apprehended on or about 18OCT95; Article 87: missed ship movement on or about 5JUN95; and Article 111: on or about 22MAY95 driving while impaired by alcohol.
	
960111:	Medical Examination (Separation Exam):  Notation by medical officer indicates that a "Psychiatric evaluation IAW MILPERSMAN 3630650 is not warranted".  

960112:	Applicant requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial.  He consulted with counsel and was fully advised of the implications of his request.  The applicant stated he understood the elements of the offenses with which he was charged, and admitted he was guilty of all the charges preferred against him.  Specifically, he admitted to violating UCMJ, Article 86: on or about 2JUN95, absent without authority until apprehended on or about 18OCT95; Article 87: missed ship movement on or about 5JUN95; and Article 111: on or about 22MAY95 driving while impaired by alcohol.  The applicant stated he was completely satisfied with the counsel he had received. The applicant understood that if discharged under other than honorable conditions, it might deprive him of virtually all veterans' benefits based upon his current enlistment, and that he might expect to encounter substantial prejudice in civilian life in situations wherein the type of service rendered or the character of discharge received therefrom may have a bearing.  I understand that if my request for discharge in lieu of trial by court-martial is approved, I will, pursuant to this request, be administratively reduced to pay grade E-3, effective the date that my request for discharge is approved.

960124:	The commanding officer (TPU San Diego, CA) exercising GCMCA, approved the request for an administrative separation in lieu of a trial by court-martial, and directed applicant’s discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960131 under other than honorable conditions in lieu of a trial by court-martial (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

The applicant introduced no decisional issues for consideration by the Board.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective 
22 Jul 94 until 2 Oct 96, Article 3630650, PROCEDURES FOR PROCESSING ENLISTED PERSONNEL FOR SEPARATION IN LIEU OF TRIAL BY COURT‑MARTIAL. 

B.  A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice, Article [e.g., 86, unauthorized absence for a period more than 30 days] upon conviction by a Special or General Court-Martial, in accordance with the Manual for Courts-Martial.

C.  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.  

D.  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.

E.  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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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
		Washington Navy Yard
		720 Kennon St SE Rm 309
		Washington, D.C.  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A7100/A0100/A9500/A9217