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NAVY | DRB | 1999_Navy | ND99-00863
Original file (ND99-00863.rtf) Auto-classification: Denied


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

ex-SMSN, USN
Docket No. ND99-00863

Applicant’s Request
The application for discharge review, received 990611, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review before a traveling panel closest to Oklahoma City, Oklahoma. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) did not travel and all personal appearance hearings are held in the Washington National Capital Region.

Decision

A personal appearance hearing was conducted in Washington, D.C. on 000913. After a thorough review of the applicant’s testimony, records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but an inequity in the characterization of the applicant’s service. The Board found after considering the applicant’s substantial post service conduct that the characterization of discharge was, however, inequitable. The Board’s vote was three to two that the character of the discharge shall change. The Board found the reason for discharge shall remain the same. The discharge shall read: GENERAL(UNDER HONORABLE CONDITIONS)/Separation in lieu of trial by court martial, authority: NAVMILPERSMAN, Article 3630650.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Post service issues. Since my discharge in 1992, I became a single parent raising three children. I was able to work two jobs in order to keep them together.

I have been very involved in the Children’s Ministry at my Church and in Latino Affairs at the University of Oklahoma. I am the financial officer for the organizations of Adult Students and a member of OEA (Oklahoma Educator’s Association).

I have been selected as a Robert E. McNair Scholar and I have received a full doctoral scholarship at the University of Oklahoma.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
DAV Ltr dtd 16 July 1993
White House Ltr dtd 2 Dec 1993
Big Brother/Big Sister Ltr dtd 4 Jan 1995
Unofficial Transcript, University of Oklahoma dtd 000912
3 DD214’s
Rose State University, Vice President’s Honor Roll Certificate Spring 1997
Rose State University, President’s Honor Roll Certificate Summer 1997
Character reference from R_H_-J_ dtd 6 Sept 2000
Character reference from R_C_D_U_ dtd 24 Aug 2000
Certificate of Achievement for McNair Scholars Program,1999-2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        760212 - 791212  HON
                  USN                       791213 - 860418  HON
                  USN                       880609 - 910721  HON
         Inactive: USNR            860428 - 880608  COG
                  

Period of Service Under Review :
Date of Enlistment: 910722               Date of Discharge: 920827

 Length of Service (years, months, days):

         Active: 01 01 06
         Inactive: None

 Age at Entry: 35                          Years Contracted: 6

Education Level: 12                        AFQT: 81

 Highest Rate: SM1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (1)    Behavior: 4.00 (1)                OTA: 4.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDRw2B*, AFEM, MUC, Navy Marksman Piston Ribbon, NAVY"E"RIBBONw1"E", GCM(2 ND )

Days of Unauthorized Absence: 90

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 :

910722:  Reenlisted at NTS NTC SAN DIEGO CA for 6 years.

920112:  To UA.
920330 :         Report of Declaration of Desertion (NAVPERS 1600-3). Applicant declared a deserter on 920330 having been a failed to report since 0645, 920112 from Naval Training Station San Diego.
920411:  Placed in pre-trial confinement.

920417:  NAVDRUGLAB, SAN DIEGO, CA urinalysis report indicates applicant tested positive for methamphetamine.

920429:  Report of Return of Deserter. Applicant apprehended by civilian authorities at La Mesa, CA. Returned to military control 920411, 1217. Transferred to Naval Consolidated Brig, Miramar San Diego, CA.

920504:  Charges preferred to special court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Unauthorized absence and 112a: Wrongful use of methamphetamine.

920722:  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(s) 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 and 112a use of illegal drugs. 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.

920813:  Commanding officer, USS KITTY HAWK(CV-63) forwarded request, recommending approval.

 920824:  Commander, Cruiser/Destroyer Group 5, exercising GCMCA, approved the request for an administrative separation in lieu of a trial by court-martial, and directed applicant’s discharge.
940217:  NDRB documentary record review Docket Number ND93-00204 conducted. Determination: discharge proper and equitable; relief not warranted.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920827 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 but inequitable (D and E) in view of the applicant’s testimony and post service documentation. The NDRB voted to upgraded the applicant’s character of discharge to GENERAL (Under Honorable Conditions).

 The applicant’s first issue states: “Post service issues. Since my discharge in 1992, I became a single parent raising three children. I was able to work two jobs in order to keep them together.” The NDRB found that based on this issue along with the others that relief, upgrade to General Under Honorable Conditions, is warranted. Relief to a fully Honorable discharge is, however, not warranted.

The applicant’s second issue states: “I have been very involved in the Children’s Ministry at my Church and in Latino Affairs at the University of Oklahoma. I am the financial officer for the organizations of Adult Students and a member of OEA (Oklahoma Educator’s Association).” The NDRB found that based on this issue along with the others that relief, upgrade to General Under Honorable Conditions, is warranted. Relief to a fully Honorable discharge is, however, not warranted.

I have been selected as a Robert E. McNair Scholar and I have received a full doctoral scholarship at the University of Oklahoma. The NDRB found that based on this issue along with the others that relief, upgrade to General Under Honorable Conditions, is warranted. Relief to a fully Honorable discharge is, however, not warranted



Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until
04 Mar 93, 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 and Article 112a wrongful use of a controlled substance 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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