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NAVY | DRB | 2000_Navy | ND00-00361
Original file (ND00-00361.rtf) Auto-classification: Denied


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

ex-AA, USNR
Docket No. ND00-00361

Applicant’s Request
The application for discharge review, received 000202, 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.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000928. 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

 1. I feel the discharge I received was not a fair one because I have never had the chance to explain my actions to anyone who would listen to me. I felt I had no other options but to do what I did. I did not want out of the navy and if given another chance, I would return to the military and finish out what I started. All I am asking for is a chance to prove myself and return to the military. I have future plans to join the National Guard if I cannot follow my dreams of returning. I have already talked to them and they will take me in October. I hope you can understand where I am coming from and you will give me a chance to return and prove myself and let me express my patriotism the way I once did. I would like to thank you for taking the time to read this and I know that you will make the right decision after seeing my documents attached. I know what I did was wrong but I hope you understand. Thank you.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character Reference from S_ G_ High School, Assistant Principal, dtd Apr 23, 1999
Certificate of Promotion from U.S. Navy dtd 23 May 1997
Certificate of Appreciation from U.S. Navy (unsigned)
Letter to Applicant from S_ J_, Member of Congress, dtd Mar 22, 1999
Letter to Applicant from P_ G_, U.S. Senator, dtd Apr 2, 1999
Letter to Applicant from R_ S_, Constituent Liaison, dtd May 13, 1999
NCPB's letter to Honorable K_ B_ H_, dtd May 10, 1999 concerning Applicant
Letter to Applicant from S_ J_, Member of Congress, dtd Apr 14, 1999
NCPB's letter to Honorable S_ H_, dtd Apr 7, 1999 concerning Applicant
S_ J_, Member of Congress, ltr to Capt R_ A_, Pentagon dtd Mar 22, 1999
Applicant's ltr to S_ J_, Member of Congress, dtd Mar 12, 1999
Letter to Applicant from P_ G_, U.S. Senator, dtd Apr 30, 1999
NCPB's letter to Senator P_ G_, dtd Apr 12, 1999 concerning Applicant
COMNAVPERSCOM Millington letter to Applicant dtd Apr 14, 1999
Applicant's letter to the Chief of Naval Operations dtd Mar 14, 1999

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: 970102               Date of Discharge: 981028

 Length of Service (years, months, days):

         Active: 01 02 00 {Does not exclude lost time}
         Inactive: 00 07 28

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 35

 Highest Rate: AA

 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: 122

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 :

970829:  Commenced active duty for a period of three years.

980423:  Unauthorized absence from USS ABRAHAM LINCOLN (CVN 72).

980523:  Declared a deserter.

980608:  Returned onboard USS ABRAHAM LINCOLN (CVN 72).

980610:  Unauthorized absence from USS ABRAHAM LINCOLN (CVN 72).

980710:  Declared a deserter.

 980827:  Report of Return of Deserter. Applicant UA from USS ABRAHAM LINCOLN (CVN 72) sine 0700, 10JUN98. Surrendered to military authorities at 1300, 26AUG98, at Naval Station Everett, Washington. Released to the USS ABRAHAM LINCOLN Beach Detachment at 0830, 27AUG98.

981014:  A pplicant requested an administrative discharge under Other Than Honorable conditions in lieu of a trial 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: did on or about 10 June 1998, without authority, absent himself from his unit, to wit: USS ABRAHAM LINCOLN (CVN 72), located at or near Naval Station, Everett, WA, and did remain so absent until on or about 26 Aug 1998. 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.

981019:  NJP for violation of UCMJ, Article 134: consuming alcohol while under the age of 21.
         Award: Forfeiture of $200 per month for 1month. No indication of appeal in the record. [EXTRACTED FROM TPU PUGET SOUND MEMO OF 21 OCT98.]
981020:  The commanding officer, exercising GCMCA, approved the request for an administrative separation in lieu of a trial by court-martial, and directed applicant’s discharge under Other Than Honorable conditions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 981028 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 claims he never had a chance to explain his actions, and wants the chance to prove himself and return to the military. The applicant voluntarily requested separation in lieu of trial by court martial. In doing so, he admits guilt to all charges against him. He was not ordered to do so. Additionally, the Board is under no obligation to upgrade an individual’s discharge for the purpose of allowing him to rejoin any branch of military service. The applicant’s discharge was proper and equitable. 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 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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