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NAVY | DRB | 2000_Navy | ND00-00179
Original file (ND00-00179.rtf) Auto-classification: Denied


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

ex-ET3, USN
Docket No. ND00-00179

Applicant’s Request
The application for discharge review, received 991117, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293. On June 26, 2000, the Board afforded the applicant an opportunity to provide documentation that was missing on his application, the option of a personal appearance hearing and to designate counsel/representation. Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001121. 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

 Applicant stated in Block 8. ISSUE: "As listed on attached OMB0704-0003 and OMB0704-0004, as previously stated." These documents were not attached to his application and the NDRB did correspond with applicant and requested he provide these documents. He failed to respond.
Documentation
As stated previously, the applicant indicated that the supporting documentation as OMB0704-0003 and OMB0704-0004, yet these documents were not attached. Therefore, only the applicant's service record was considered by the Board.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 731204               Date of Discharge: 850301

 Length of Service (years, months, days):

         Active: 11 02 28 (Doesn't exclude the lost time.)
         Inactive: None

 Age at Entry: 25                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 93

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 3336

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 :

750930:  Declared a deserter having been on unauthorized absence since 20SEP75 from Humresmandet, Rota, SP while in transit to USS GREENLING which at the time of absence was located in Med Area.

841107:  Apprehended by civilian authority (Salem Police Department) at 1215, 07NOV84, returned custody at 1910, 07NOV84 and assigned to the Army AWOL Apprehension Team, Fort Devens, MA, at 08NOV84 for further transfer to NACU Newport, RI. (3336 days)

850301:  Applicant discharge with an "Under Other Than Honorable" by reason of separation in lieu of trial by court-martial.

 Applicant's request for discharge in lieu of trial by court-martial not contained in service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 850301 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.

 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 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.

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 Yard DC 20374-5023      


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