Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00682
Original file (ND99-00682.rtf) Auto-classification: Denied


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

ex-YNSN, USN
Docket No. ND99-00682

Applicant’s Request
The application for discharge review, received 990427, 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 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 3630650.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. At the time of review will bring 5,000 documents and go over 25,000 issues. And Social Security Disable Report ad file.
 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from applicant
Applicant’s Self-Help Guide to Discharge Upgrading
Request for Information and Counseling signed by applicant dated 4 May 1999
Letter from applicant
Petition to the 105 th Congress
Letter to the BCNR
Letter to the NCPB dated 23 July 1999
Three pages of applicant’s service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR            770401 – 770701  COG
 Inactive: USNR(DEP)               891005 - 891113  COG
Period of Service Under Review :
Date of Enlistment: 891114               Date of Discharge: 941205

 Length of Service (years, months, days):

         Active: 04 02 15
         Inactive: None

 Age at Entry: 33                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 53

 Highest Rate: YN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.4 (5)     Behavior: 3.6 (5)                 OTA: 3.5 (4.0 scale)

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR (2), NDSM, KLM, ASM

 Days of Unauthorized Absence: 300

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 :

910108:  Retention Warning: Advised of deficiency (indebtedness and failure to adequately support dependents.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930826:  NJP for violation of UCMJ, Article 86: Unauthorized absence (3 specs), UA from 930729-930730, UA from XOI on 930817, UA from firefighting training on 930823, violation of UCMJ Article 89: disrespect toward a commissioned officer on 930823 disrespected LTjg B____ by failing to salute, violation of UCMJ Article 90: failed to observe a lawful general order on 930823 failed to halt after being ordered to do so, violation of UCMJ Article 91: Disrespect toward a chief petty officer on 930726 was disrespectful to DCC(SW) F____ , violation of Article 92: Failed to observe a lawful general order on 930726 by refusing to hold a field day ordered to do so by DCC (SW) F____.
         Award: Forfeiture of $541 per month for 2 months, restriction and extra duty for 30 days. No indication of appeal in the record.
930920:  Applicant to unauthorized absence.

931019:  Applicant declared a deserter.

 940804:  Applicant apprehended by Tucson police.

 940811:  Charges preferred to special court-martial [special court-martial] for violation of the Uniform Code of Military Justice (UCMJ) Article 86:
                   Unauthorized absence (UA) from 930920 to 940804.
941007:  Medical Examination: Applicant diagnosed with a personality disorder so as to make him unfit from further naval service. Applicant understands the charges preferred against him and is capable in assisting in the preparation of his defense. Applicant is fit for duty and should be held responsible for his actions.

941011:  A pplicant requested an administrative discharge under other than honorable conditions in lieu of a trail 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 offense 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: Unauthorized Absence. 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.

941014:  Applicant’s request for separation in lieu of trial by court-martial approved.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 941205 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 Board found the applicant’s flagrant disregard for military discipline appalling. This was manifest in the applicant’s desertion from the United States Navy for a period of almost 10 months. In a signed statement, the applicant requested an administrative discharge under other than honorable conditions in lieu of a trail by court-martial. He consulted with counsel and was fully advised of the implications of his request. 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. The applicant stated he understood the elements of the offenses with which he was charged. He admitted he was guilty of violating Article 86: Unauthorized absence in excess of 30 days. The Board found the applicant’s service record devoid of any mitigating or extenuating factors sufficient to offset the seriousness of the offenses for which the discharge was awarded. The Board was unanimous in its decision that the applicant was responsible for his actions and must be held accountable. Relief denied.




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 COURTMARTIAL.

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 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     


Similar Decisions

  • NAVY | DRB | 2004_Navy | ND04-01132

    Original file (ND04-01132.rtf) Auto-classification: Denied

    ND04-01132 Applicant’s Request The application for discharge review was received on 20040707. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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 | DRB | 2005_Navy | ND0500583

    Original file (ND0500583.rtf) Auto-classification: Denied

    ND05-00583 Applicant’s Request The application for discharge review was received on 20050216. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to “re-enlist code to RE-1”. Relief is not warranted.The Applicant contends it is a injustice for him to continue to suffer from an under other than honorable conditions discharge, in part, because he contends that he would have not received...

  • NAVY | DRB | 2001_Navy | ND01-00176

    Original file (ND01-00176.rtf) Auto-classification: Denied

    ND01-00176 Applicant’s Request The application for discharge review, received 001127, requested that the characterization of service on the discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 920707: Vacate suspended forfeiture of $183.00 and restriction for 14 days awarded at CO's NJP dated 23Mar92.920707: NJP for violation of UCMJ, Article 117: Wrongfully using provoking words on 18May92.

  • NAVY | DRB | 2000_Navy | ND00-00048

    Original file (ND00-00048.rtf) Auto-classification: Denied

    ND00-00048 Applicant’s Request The application for discharge review, received 991013, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Record Check from Department of Veterans Affairs Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN None Inactive:...

  • NAVY | DRB | 2004_Navy | ND04-00245

    Original file (ND04-00245.rtf) Auto-classification: Denied

    ND04-00245 Applicant’s Request The application for discharge review was received on 20031121. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Veterans Administration determines eligibility for post-service benefits not the Navy Discharge Review Board (NDRB).

  • NAVY | DRB | 2000_Navy | ND00-00922

    Original file (ND00-00922.rtf) Auto-classification: Denied

    ND00-00922 Applicant’s Request The application for discharge review, received 000724, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. The applicant requested a documentary record discharge review. 920226: Charges preferred to special court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Unauthorized absence (UA) from 14 January 1992 until apprehended on 13 February 1992 and...

  • NAVY | DRB | 1999_Navy | ND99-01102

    Original file (ND99-01102.rtf) Auto-classification: Denied

    ND99-01102 Applicant’s Request The application for discharge review, received 990812, requested that the characterization of service on the discharge be changed to honorable. I'll see you around motherfucker" or words to that effect towards Hospital Second Class M____ A. A_______, U.S.Navy.pplicant requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial. 970917: The commanding officer, exercising GCMCA, approved the request for an...

  • NAVY | DRB | 1999_Navy | ND99-00864

    Original file (ND99-00864.rtf) Auto-classification: Denied

    ND99-00864 Applicant’s Request The application for discharge review, received 990610, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. Chronological Listing of Significant Service Events : 900425: Applicant briefed on Navy's policy on drug and alcohol abuse.910910: NJP for violation of UCMJ, Article 86: Unauthorized absence 2400, 27 August 1991 to 0507, 28 August 1991. You should read Enclosure (5) of the...

  • NAVY | DRB | 2004_Navy | ND04-00119

    Original file (ND04-00119.rtf) Auto-classification: Denied

    ND04-00119 Applicant’s Request The application for discharge review was received on 20031027. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Chronological Listing of Significant Service Events :020304: NJP for violation of UCMJ, Article 86 (5 Specifications): Failed to go to appointed place of duty, to wit: Restricted muster.

  • NAVY | DRB | 2001_Navy | ND01-00952

    Original file (ND01-00952.rtf) Auto-classification: Denied

    ND01-00952 Applicant’s Request The application for discharge review, received 010718, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Applicant returned to military control 1300, 27Sep93.931012: Charges preferred to special court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Unauthorized absence (UA) from 0720, 30Jun93 - 1300, 27Sep93 (89 days/apprehended).pplicant requested an...