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NAVY | DRB | 1999_Navy | ND99-00600
Original file (ND99-00600.rtf) Auto-classification: Denied


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

ex-SN, USN
Docket No. ND99-00600

Applicant’s Request
The application for discharge review, received 990329, 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 DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000201. 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 1910-106 (formerly 3630650).


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. Copy of Court order to attend my hearing concerning my case in Indian court.

2.       I have been honored for outstanding scholastic achievement & success in school for
 making good academic achievements.

3. As long as I served on USS PETERSON, no any charges on me.

4.       Copy of OTH discharge, recommondation from Commanding Officer, Naval Base
 Norfolk.

5.       I am a double graduate from India. Shelding my educational achievements, which
 should not be ignored for considering an appropriate discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
 Letter from LT D_ T. L_, JAGC, defense counsel, dated 11 March 1998.
Letter from Commanding Officer, USS PETERSON (DD 969),received date MAR
27 1998.
Letter from Commander, Naval Base, Norfolk, dated 24 MAR 1998.
National Vocational Technical Honor Society certificate, dated 4 June, 1998.
Equivalency report from the International Education Research Foundation, dated
October 13, 1995.
Court hearing notification by the order of Court M. G. Road, Indore Madhya
Pradesh government, a state of India.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     960419 - 960805  COG

 Period of Service Under Review :
Date of Enlistment: 960806               Date of Discharge: 980401

 Length of Service (years, months, days):

         Active: 01 07 27
         Inactive: None

 Age at Entry: 32                          Years Contracted: 4

Education Level: 16                        AFQT: 65

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 317

 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 :

970421:  Applicant declared a deserter, having been an unauthorized absentee since 0630, 22MAR97, from USS PETERSON (DD 969).

980205:  Applicant apprehended by civil authorities at 1516, at Atlanta, GA. And returned to military control (UA for 317 days).

980211:  Applicant to pretrial confinement pending trial by court-martial. The nature of offenses for which he was being confined were violation of UCMJ, Article 85: Desertion, and violation of UCMJ Article 87 (3 specifications): Missing movement (Missing movement on or about 25 March 1997, 03 April 1997 and 07 July 1997).

980211:  Special Court-Martial convening order 1-98 in the case of the applicant.

980310:  Applicant submits request for Administrative Discharge under Other Than Honorable conditions in Lieu of Trial by Court-Martial.

980324:  Applicant’s request for Administrative Discharge under Other Than Honorable conditions in Lieu of Trial by Court-Martial, was approved by Commander, Naval Base, Norfolk.

980325:  Charges and specifications against the applicant were withdrawn and dismissed without prejudice to the government.

980401:  Applicant discharged under Other Than Honorable conditions by direction of Commander, Naval Base, Norfolk.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980401 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 court order was for the applicant to appear in court on 30MAR97. The applicant began his unauthorized absence on 22MAR97 and he remained absent until 05FEB98, when he was apprehended. The court order was not an excuse to desert his military obligations. Relief denied.

In the applicant’s issue 2, the Board determined this issue is without merit. The applicant’s outstanding scholastic achievements are not sufficient accomplishment to warrant an upgrade to his discharge. Relief denied.

In the applicant’s issue 3, the Board determined this issue is without merit. The applicant states as long as he served on the USS PETERSON, there were no charges against him. The applicant was charged with desertion for 317 days. His entire length of service was 1 year, 7 months and 27 days. Relief denied.

In the applicant’s issue 4, the Board determined this is a non-decisional issue requiring no comment.

In the applicant’s issue 5, the Board determined this issue is without merit. The applicant’s educational accomplishments are insufficient to warrant an upgrade to his discharge. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until Present, Article 1910-106 (formerly 3630650), 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     


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