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NAVY | DRB | 2000_Navy | ND00-00436
Original file (ND00-00436.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND00-00436

Applicant’s Request
The application for discharge review, received 000222, 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. The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001005. 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
1. To Whom it May Concern,

I am writing & submitting this form in hope that the Board & military will take into consideration the circumstances below and upgrade my discharge so I can move on with my life.

At the time of my enlistment to the US Navy I was a very young, immature child. The Navy was something to do. After completing Boot Camp as a "guide on" I had a complete different outlook on life. I had actually felt that I had a purpose in life. While waiting to receive my orders, I went on liberty to Chicago. I consumed a large amount of alcohol and met a few female friends. Upon waking the next morning I realized I was U.A. Upon returning to base I received reduction in pay & set back. A week later I was drinking on base the same girls come to see me. After a few more drinks I went U.A. again. Upon returning again I was told to taken an O.T.H. or go before the Captain and get a Dishonorable. 11 years later with the last 3 year's being sober I have realized that I was a full blown alcoholic. I am truly sorry that my actions while drinking came at the military's expense. I am presently an active member of A.A. I am married with 3 children. I have cleared up my past. Except for this one issue.

 Documentation
Only the service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     870429 - 870429  COG
                                             861007 - 861027  ELS (Police involvement
                                                                        while in DEP)

 Period of Service Under Review :
Date of Enlistment: 870430               Date of Discharge: 871105

 Length of Service (years, months, days):

         Active: 00 06 11 (Doesn't exclude lost time)
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 25

 Highest Rate: SA

 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: 40

 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 :

870717:  NJP for violation of UCMJ, Article 86: unauthorized absence from 87JUL05 to 87JUL09 (4 days/s).
         Award: Forfeiture of $150 per month for 1 month, restriction and extra duty for 10 days. No indication of appeal in the record.
870717:  Retention Warning: Advised of deficiency (violation of UCMJ, Article 86 - unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

870821:  Unauthorized absence from NAVCRUITRACOM GLAKES 0700. Intentions unknown.
870920:  Declaration of Desertion: Declared deserter 87SEP20 having been an unauthorized absentee since 0700, 87AUG21 from NAVCRUITTRACOM, GLAKES, IL.

870927:  Surrendered onboard NAVCRUITRACOM GLAKES at 2100. Retained on board pending disciplinary action. (36 days/s)

871023:  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: unauthorized absence from 87AUG21 until 87SEP27. 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.

871028:  The commanding officer recommended that the applicant's request for discharge under other than honorable conditions be approved in lieu of a trial by court-martial.

871029:  GCMCA (COMNAVTRACEN, GLAKES) approved the request for an administrative separation in lieu of a trial by court-martial, and directed applicant’s discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 871105 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’s issue states: “I am writing & submitting this form in hope that the Board & military will take into consideration the circumstances below and upgrade my discharge so I can move on with my life.

At the time of my enlistment to the US Navy I was a very young, immature child. The Navy was something to do. After completing Boot Camp as a "guide on" I had a complete different outlook on life. I had actually felt that I had a purpose in life. While waiting to receive my orders, I went on liberty to Chicago. I consumed a large amount of alcohol and met a few female friends. Upon waking the next morning I realized I was U.A. Upon returning to base I received reduction in pay & set back. A week later I was drinking on base the same girls come to see me. After a few more drinks I went U.A. again. Upon returning again I was told to taken an O.T.H. or go before the Captain and get a Dishonorable. 11 years later with the last 3 year's being sober I have realized that I was a full blown alcoholic. I am truly sorry that my actions while drinking came at the military's expense. I am presently an active member of A.A. I am married with 3 children. I have cleared up my past. Except for this one issue.”

 The Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief is not warranted.



Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until 24 May 89, 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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