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NAVY | DRB | 2000_Navy | ND00-00500
Original file (ND00-00500.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND00-00500

Applicant’s Request
The application for discharge review, received 000314, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance before a traveling panel closest to (left blank) and a documentary record discharge review. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

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 3630650.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I wish to have my discharge upgraded for the following reasons. All my life I've wanted to be a police officer and work for some sourt of law enforcement agency. I am now enrolled in college and majoring in criminal justice. Being a police officer has always been my dream and I don't want my discharge from the Navy to jeopardize my chances of being a part of a police department. I know what I did was not the right way to handle things, but at the time I was a confused and scared 19 year old kid, and if I knew then what I know now, I would have handled things much differently. I just don't think it's fair to punish me now for something that happend over 2 years ago when I was just an immature and confused individual. I don't think what I did was that horrible that I can't pursue my future goals because of my discharge from the military. What happened was I got into trouble for underage drinking when I was 18 years old. I was walking back to my barracks with a friend of mine we had just gotten done watching the superbowl when we got stopped by a police officer on base and he smelt alcohol on my breath and arrested use for underage drinking. Then we had to be evaluated by DAPA and recommended me for CAAC Level 3. Personally I didn't think that was fair just for drinking one night, and I was then given orders to go, the Captain took away my right refuse the treatment and ordered me to go, I would have accepted Level 1 or Level 2 with no problems, but I though Level 3 was a little to much for someone like me, I strongly disagreed with what they ordered me to do. After months of this situation building up inside of me, being a confused and scared 19 year old kid. I then went UA and was brought back to be discharged other than honorably in lieu of trial by court martial.

I also think my discharge was inappropriate because what happened to me with the underage drinking charge was improper and unfair. Judging me as an alcoholic based on one incident was wrong and shouldn't have been handled the way it was. At first I was given a choice in the matter, whether or not I refused level 3 or accepted it, but then my right to choose was taken away from me by my commanding officer. At that time after being told by my superiors for a period of 3 months that I had a choice in the matte, I then thought I was being treated unfairly and was forced to accept the treatment.

All I wanted to do was to serve my country for the 4 years that I voluntarily committed myself to. I just wanted to be able to pursue my dream of becoming a police officer and to help society in helping keep law and order and peace in our country. I really need my discharge upgraded in order to be a part of civil service authorities. All I want is a chance to make things better. I think I would be a good asset to society by becoming a police officer. I've been wanting this since I was a little kid and I don't want to have to give up that dream because I made one mistake. If you could take this into consideration, I would be very grateful. Thank you. Sincerely,

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     960223 - 960922  COG

 Period of Service Under Review :
Date of Enlistment: 960923               Date of Discharge: 980310

 Length of Service (years, months, days):

         Active: 01 05 18
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 40

 Highest Rate: FA

 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: 537

 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 3630650.

 Chronological Listing of Significant Service Events :

970409:  NJP for violation of UCMJ, Article 92: Underage drinking.
         Award: Forfeiture of $450 per month for 1 month. No indication of appeal in the record.
970421:  Applicant to unauthorized absence 0600, 21Apr97.

 970422:  Applicant from unauthorized absence 0600, 22Apr97 (1 day/ surrendered).

970530:  Applicant declared a deserter.

980226:  Charges preferred to special court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Unauthorized absence 0730, 29 April 1997 to 0340, 22 February 1998 (536 days/apprehended).

980226:  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 0730, 29 April 1997 to 0340, 22 February 1998. 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.

980305:  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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980310 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 i n a signed statement, the applicant 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 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. The applicant stated he understood the elements of the offenses with which he was charged. He admitted he was guilty of violating Article 86:
Unauthorized absence for 536 days. The Board found the discharge to be proper and equitable and will not grant relief on the basis of this issue.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 11 Dec 97, 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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