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Docket No. ND04-01423

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

ex-SHSA, USN
Docket No. ND04-01423

Applicant’s Request

The application for discharge review was received on 20040917.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20041112.  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/Separation in lieu of trial by court martial, authority: NAVMILPERSMAN, Article 3630650.  Discharged in absentia.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “I respectfully request to have my discharge reviewed and possibly changed to an honorable discharge.  When I entered the service at 17 years of age I was very immature and did not realize what an honor it was to serve my country.  At 33 years of age and with our country being at war I would love to serve our country agian and prove what an honor it is to be an American.  I ask that the board Review the conditions of my other than honorable discharge and pray that you would grant me an Honorable discharge.

Thank you
Respectfully yours,

P_ V_ J_ (Applicant)”

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)	890123 - 890821	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  890822			Date of Discharge:  910617

Length of Service (years, months, days):

	Active:    01  03  19 (Does not include lost time)
	Inactive:  None

Age at Entry:  17 (Parental Consent)	Years Contracted:  4

Education Level:  12			AFQT:  37/45

Highest Rate:  SHSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  1.00 (1)	Behavior:  1.00 (1)		OTA:  1.00

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  193

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

UNDER OTHER THAN HONORABLE CONDITIONS/separation in lieu of trial by court martial, authority:  NAVMILPERSMAN, Article 3630650.

Chronological Listing of Significant Service Events:

900408:	Applicant to unauthorized absence 0845, 900408.

900419:	Applicant from unauthorized absence 0835, 900419 (10 days/surrendered).

900428:	Applicant to unauthorized absence 1800, 900428.

900512:	Applicant from unauthorized absence 1945, 900512 (14 days/surrendered).

900606:	Applicant to unauthorized absence 0630, 900606.

900612:	Applicant apprehended by Norfolk City Police Department 1910, 900612.  Civil charges pending.

900719:	Applicant from unauthorized absence 1600, 900719 (44 days/apprehended).

900720:	NJP.  No further information found in service record.  

900724:	Retention Warning: Advised of deficiency (Unauthorized absence and failure to go to appointed place of duty), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900816:	Civil Conviction:  Virginia Circuit Court for forgery violation.
Sentence: Confinement for 12 months, court cost of $500.50.  Confinement suspended.  Placed on unsupervised probation for 1 year conditioned on good behavior and payment of court costs.

900926:	Applicant to unauthorized absence 0500, 900926.

900928:	Applicant from unauthorized absence 0802, 900927 (2 days/surrendered).

901003:	Applicant to unauthorized absence 0500, 901003.

901011:	Applicant from unauthorized absence 0055, 901011 (7 days/apprehended).

901031:	NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from 0500, 900926 to 0800, 900928, (2) Unauthorized absence from 0500, 901003 to 0150, 901011, violation of UCMJ, Article 107: With intent to deceive, submit an individual sick slip (SIQ), an official document which said document was totally false in that it was for a 7 day period and DD Form 689 was filled out in pencil on 0645, 901011.
	Award: Forfeiture of 7 days pay for 1 month, restriction and extra duty for 14 days, reduction to E-2.  No indication of appeal in the record.

901202:	Applicant to unauthorized absence 0500, 901202.

901206:	Applicant from unauthorized absence 1705, 901206 (4 days/surrendered).

901207:	Applicant to unauthorized absence 1000, 901207.  Applicant in the hands of civilian authorities.

901212:	Applicant from unauthorized absence 0930, 901212 (4 days/surrendered).

910127:	Applicant to unauthorized absence 0800, 910127.

910201:	Applicant from unauthorized absence 1200, 910201 (5 days/surrendered).

910210:	Applicant to unauthorized absence 0800, 910210.

910321:	Applicant declared a deserter.

910321:	Applicant in the hands of Norfolk City Police Department 2000, 910321.

910503:	Applicant from unauthorized absence 2035, 910503 (83 days/apprehended).

910504:	Applicant to unauthorized absence 0500, 910504.

910518:	Applicant from unauthorized absence 0500, 910518 (14 days/surrendered).

910529:	Charges preferred to special court-martial for violation of the Uniform Code of Military Justice (UCMJ), Article 86 (3 specs): (1) Unauthorized absence from 910127 to 910201, (2) Unauthorized absence 910210 until apprehended on 910321, (3) Unauthorized absence from 910504 to 910518, Article121: Steal United States currency, of a value of $145.00 on 910601, Article 123: Utter a check in the amount of $145.00 on 900601.

910604:	Applicant requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial.  She consulted with counsel and was fully advised of the implications of her request.  The Applicant stated she understood the elements of the offense(s) with which she was charged, and admitted she was guilty of all the charges preferred against her.  Specifically, she admitted to violating UCMJ, Article 86, Article 121, and Article 123.  The Applicant stated she was completely satisfied with the counsel she had received. The Applicant understood that if discharged under other than honorable conditions, it might deprive her of virtually all veterans' benefits based upon her current enlistment, and that she 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.  

910606:	The Commanding Officer, exercising GCMCA, approved the request for an administrative separation in lieu of a trial by court-martial, and directed the Applicant’s discharge.

910607:	Medical Examination:  Applicant evaluated by medical officer and found to be of normal mental status - no documented mental health/psychiatric illness in the past. Psychiatric evaluation not required.  Applicant understands the charges preferred against her and is capable in assisting in the preparation of her defense.  Applicant is fit for duty and should be held responsible for her actions.

910610:	Applicant to unauthorized absence 1500, 910610.

910617:	Applicant discharged in absentia (6 days).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged, in absentia, on 19910617 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).

Issue 1:  Normally, to permit relief, a error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident during the Applicant’s enlistment.  Relief not warranted.

A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor.  The Applicant’s service was marred by award of nonjudicial punishment (NJP) on two occasions for violations of Articles 86 and 107 of the UCMJ.  The Applicant received a civil conviction from the Virginia Circuit Court for forgery.   Additionally, the Applicant requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial.  The Applicant stated she understood the elements of the offenses with which she was charged, and admitted she was guilty of all the charges preferred against her.  The Applicant consulted with counsel and was fully advised of the implications of her request.  The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service.  Relief denied.

The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy.  Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  

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.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A), Change 7, effective 
25 May 89 until 14 Aug 91, 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 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 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

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.