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NAVY | DRB | 1999_Navy | ND99-00533
Original file (ND99-00533.rtf) Auto-classification: Denied


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

ex-ENFN, USN
Docket No. ND99-00533

Applicant’s Request
The application for discharge review, received 990304, 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 991213. 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/Separation in lieu of trial by court martial, authority: NAVMILPERSMAN, Article 3630650.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. My discharge was inequitable because it was based on one incident in 11 years (or 36 mos at SWOS).

2. I was never counseled or reprimended at SWOS for not doing my job or being unprofessional. All this came about after I inquired about the officers candidate school. I was the only EM1 in the boat division to qualify as a craft master (this is for BMC and above). I recieved a 2 year degree in my spare time and RADM A_ made a comment about my professional knowledge in a letter to the Capt at SWOS.

3. Although goin UA is not a commendable act, yet being singled out by superiors because of my race was very wrong. Review my records up to that point. I was commended on my professional performance my ADM J_ P_ L_ while at Subic Bay, RP, BMC L_ told me of the comments made by the XO concerning my race. I worked for BMC L_ at SWOS.


 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):
         Active: USN                        721206 - 721227  HON
                  USN                       740215 - 771030  HON
                  USN                       771031 - 811029  HON
         Inactive: USNR (DEP)     720711 - 721205  COG

 Period of Service Under Review :
Date of Enlistment: 811030               Date of Discharge: 850107

 Length of Service (years, months, days):

         Active: 03 02 08
         Inactive: None

 Age at Entry: 29                          Years Contracted: 6

 Education Level: 12                        AFQT: 38

 Highest Rate: EN1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.70 (4)    Behavior: 2.80 (4)                OTA: 2.94

 Military Decorations: None

 Unit/Campaign/Service Awards: BER, SSDR

 Days of Unauthorized Absence: 53

 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 :

821220:  Applicant to Alcohol Rehabilitation service.

 830114:  Applicant discharged from alcohol rehabilitation service. Diagnosis: Alcohol dependence.
830831:  Counseling: Advised of deficiency (conduct has not been maintained at the level required of a petty officer.

840306:  Alcohol Abuse Evaluation: Self referral for antabuse treatment. Last antabuse Jan 1983. Last drink last night. ETOH abuse confirmed.

 840813:  Applicant to unauthorized absence 0730, 13AUG84.

 840816:  Applicant from unauthorized absence 1515, 16AUG84 (3 days/ surrendered).
840827:  Applicant to unauthorized absence 0730, 27AUG84.

840925:  Applicant declared a deserter.

 841017:  Applicant from unauthorized absence1830, 17OCT84 (50 days/ surrendered).

 Separation in lieu of trial package missing from service record. No further information found in service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 850107 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).

In the applicant’s issue 1, the Board determined this issue is without merit. The applicant requested an Other Than Honorable separation in lieu of trial by court-martial for desertion (unauthorized absence for 50 days). He admitted guilt to the charges against him. Relief denied.

In the applicant’s issue 2, the Board determined this issue is without merit. The applicant was charged for unauthorized absence over 30 days and not for being unprofessional. The applicant’s accomplishments during his spare time have no bearing on the equity or propriety of his discharge. Relief denied.

In the applicant’s issue 3, the Board determined this issue is without merit. The applicant provided no evidence he was being singled out by superiors because of his race. Additionally, he was guilty of desertion, for which he was discharged. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560), Change 10/83, effective 05 Nov 83 until 30 Jun 85, 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 [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     


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