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NAVY | DRB | 2000_Navy | ND00-01001
Original file (ND00-01001.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND00-01001

Applicant’s Request
The application for discharge review, received 000829, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010215. 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: BAD CONDUCT/Convicted by special court martial, authority: NAVMILPERSMAN, Article 3640420.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. When I went awol we was in Philadelphia naval shipyard undergoing a ship overhaul. I worked 2 1/2 days straight with very little sleep getting ready for an inspection. I was suppose to be granted 3 days liberty when the work was finished and the inspection was over. BTC B_ refused to give me liberty that was promised. I was extremely tired after working 2 1/4 days and then had to do a regular days work. Back then I was young and lost my temper and just left without thinking of the consequences which I regret today because I could have had a good naval career. If you could consider upgrading my discharge it would be greatly appreciated. Sincerely


 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)     810724 - 811221  COG

 Period of Service Under Review :
Date of Enlistment: 811222               Date of Discharge: 880212

 Length of Service (years, months, days):

         Active: 06 01 21
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 36

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.10 (2)    Behavior: 2.73 (3)                OTA: 2.30

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

 Days of Unauthorized Absence: 626

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

BAD CONDUCT/Convicted by special court martial, authority: NAVMILPERSMAN, Article 3640420.

 Chronological Listing of Significant Service Events :

830108:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 26Dec82 to 1630, 1Jan83 (6 days/surrendered).
         Award: Forfeiture 1/2 month pay per month for 1 month, reduction to FR. Punishment suspended for 3 months. No indication of appeal in the record.
840702:  Applicant to unauthorized absence from 1200-1655, 2Jul84 (4 hours and 55 minutes/surrendered).

840724:  Applicant to unauthorized absence from 0645-0730 (45 minutes/surrendered).

840817:  Applicant to unauthorized absence 0130, 17Aug84.

840818:  Applicant from unauthorized absence 0725, 18Aug84 (1 day/ surrendered).

841116:  Applicant declared a deserter. Unauthorized absence since 0700, 16Oct84.

860527:  Applicant declared a deserter. Unauthorized absence since 0700, 16Oct84.

860724:  Special Court Martial
         Charge I: violation of the UCMJ, Article 86:
         Specification: Unauthorized absence from 0700, 16Oct84 to 1200, 27May86 (588 days/surrendered).
         Findings: to Charge I and specification thereunder, guilty.
         Sentence: CHL for 40 days, forfeiture of $425 per month for 4 months, reduction to FR, Bad Conduct discharge.
         CA 860724: Sentence approved and ordered executed, except for bad conduct discharge.

860826:  Applicant released from confinement.

870422:  NMCCMR: The findings of guilty and sentence, as approved on review, are affirmed.
871215:  SSPCMO: Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.            

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880212 with bad conduct due to convicted by special court martial (A). The Board presumed regularity in the conduct of governmental affairs (B). 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 (C and D).

 Relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts. With respect to a discharge adjudged by a court-martial case, the action of the NDRB is restricted to upgrades based on clemency. The applicant's case was considered under the pertinent standards of equity to determine if any factors in this particular case merited clemency. The NDRB found the applicant’s service record devoid of any mitigating or extenuating factors sufficient to offset the seriousness of the offenses for which the discharge was awarded. The applicant is reminded that he remains eligible for a personal appearance hearing provided that an application is received within 15 years from the date of discharge.

























Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until 13 Dec 89, Article 3640420, DISCHARGE OF ENLISTED PERSONNEL ADJUDGED BY SENTENCE OF COURTMARTIAL.

B. 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.

C. 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.

D. 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 D.C. 20374-5023    


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