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NAVY | DRB | 2000_Navy | ND00-00369
Original file (ND00-00369.rtf) Auto-classification: Denied


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

ex-RMSA, USN
Docket No. ND00-00369

Applicant’s Request
The application for discharge review, received 000202, 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 000824. 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.

The NDRB did note an administrative error on the original DD Form 214. Block 12a, Date Entered AD This Period should read: “1990 APR 10l” vice “1990 JUN 18”, Block 12c, Net Active Service This Period should read: “01 08 22l” vice “01 06 13”, Block 28, Narrative Reason for Separation should read: “Separation in lieu of trial by court martial” vice “DISCHARGED IN LIEU OF TRIAL BY COURT-MARTIAL”. The original DD Form 214 should be corrected or reissued as appropriate.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I have had this on my record for 8 years. There were no charges filled against me. I left it on my record and have not submitted this request before now due to the nature of discharge. I was told by councel when I agreed to my discharge that this could be done within 6 months of discharge. At this time I respectfully request that this discharge be updated to honorable. Thank you for any consideration you may give this matter.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     900227 - 900409  COG

 Period of Service Under Review :
Date of Enlistment: 900410               Date of Discharge: 911231

 Length of Service (years, months, days):

         Active: 01 08 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 8 GED            AFQT: 57

 Highest Rate: RMSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.00 (1)    Behavior: 2.20 (2)                OTA: 1.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 100

 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 :

910624:  Applicant to unauthorized absence 0700, 24Jun91.

910712:  Applicant missed ship's movement.

910725:  Applicant declared a deserter.

910729:  Applicant missed ship's movement.

910809:  Applicant missed ship's movement.

 911002:  Applicant from unauthorized absence 1300, 2Oct91 (100 days/surrendered).
911231:  DD Form 214: Applicant discharge under other than honorable conditions in lieu of a trial by court-martial, and directed applicant’s discharge.

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 911231 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 found that the applicant went UA for 100 days and missed ship’s movement at least 3 times. The applicant was separated in lieu of trial by court martial with an other than honorable. The applicant therefore admitted guilt and signed a statement admitting this guilt with counsel’s advice. The Board found that the characterization of other than honorable was equitable based on the severity of the charges. There is no automatic upgrade to a discharge after 6 months. No relief will be granted based on this issue.

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 [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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