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NAVY | DRB | 1999_Navy | ND99-00047
Original file (ND99-00047.rtf) Auto-classification: Denied


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

ex-PCSN, USN
Docket No. ND99-00047

Applicant’s Request
The application for discharge review, received 981008, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 990920. 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.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I received the other than honorable discharge. I was in leiu of arrest for 64 days on the USS MCKEE AS-41. I was to be court martialed for Direlection of Duty, U.A. (for 29 days), writing bad cks, and assault.

Yes, I went U.A. in December, because I was involved in a hostile encounter at a club. I was arrested for assault, which I was falsely accused. I have a police report showing that I had a whole box of checks stolen out of my apartment from an acquaintance supposedly friend, which she also had stolen a military ID from me. I did not write bad checks.!! Direlection of duty dame from the day I went U.A., was on my duty day and I gave the keys to our office to my supervisor on duty when I left. I did not know that was direlection of duty.

My attorney assigned to me told me I could get off of all these charges, but UA. Yes I was wrong going U.A. I spent 61 days on a ship that was going to let me rot on there. I had been very disturbed about the whole situation, how no one would believe me. I was a very hard working, reliable, trustworthy, friendly SEAMAN in the Navy. And I got stabbed in the back. I felt betrayal. So I decided then I wanted out, and off of that ship. I asked for a admin. discharge.

*Please review all my EVALS and accomplishments in the military.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Eighteen pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     930506 - 930510  COG

 Period of Service Under Review :
Date of Enlistment: 930511               Date of Discharge: 970417

 Length of Service (years, months, days):

         Active: 03 11 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 46

 Highest Rate: PC3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (2)    Behavior: 3.80 (2)                OTA: 3.70 4.0 evals

 Performance: 2.75 (4)    Behavior: 2.25 (4)                OTA: 2.68 5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, GCM

 Days of Unauthorized Absence: 29

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 3630650.

 Chronological Listing of Significant Service Events :

970213:  Charges preferred to special court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Unauthorized absence (UA) from 1530, 15 December 1996 until 0725, 13 January 1997, Article 92: Derelict in the performance of those duties, in that she willfully left the mail unattended, and gave the USS MCKEE Post Office keys to an unauthorized person, Article 128: Assault Boatswain Mate Seaman by punching and kicking him in the face on 11 December 1995, Article 134 (21 specs): Make and utter checks to the Navy Exchange on 961008 (2), 961009 (3), 961010, 961020 (2), 961021 (2), 961022, 961023 (2), 961024 (2), 961025, 961026 (2), 961031, 961105, 961107 for a total of $1,245.00.

970228:  Medical Examination: Applicant evaluated by medical officer and found competent to understand judicial proceedings and did not warrant a referral for psychiatric evaluation. [Extracted from Second Endorsement from Commanding Officer, USS MCKEE (AS-41) dated 28 Feb 97.]

970227:  A pplicant requested an administrative discharge under other than honorable conditions in lieu of a trail by court-martial. She consulted with counsel and was fully advised of the implications of this 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, 92, 128 and 134. 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.

970414:  The Commander, Submarine Force, U.S. Pacific Fleet, 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 970417 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.

The Board found the applicant had requested an Administrative Discharge Board (ADB) in lieu of a Special Court Martial on 27 Feb 97 in order to avoid the possibility of a bad conduct or dishonorable discharge. In the ADB request the applicant admitted violating Article 86, 92, 128 and 134 of the UMCJ. Further, applicant’s submitted issue contains text admitting having been UA by stating “…I wanted out, and off of that ship. I asked for a admin.discharge.” Accordingly, the Board found the discharge to be equitable and proper.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 30 Jun 97, Article 3630650, PROCEDURES FOR PROCESSING ENLISTED PERSONNEL FOR SEPARATION IN LIEU OF TRIAL BY COURTMARTIAL.

B. A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice, Article 128 – Assault and Article 134 – Check, worthless, making and uttering --- by dishonorably failing to maintain funds, 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     


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