Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-00787
Original file (ND01-00787.rtf) Auto-classification: Denied


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

ex-SKSN, USN
Docket No. ND01-00787

Applicant’s Request
The application for discharge review, received 010521, 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 011214. 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

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant
Copy of DD Form 214 (current enlistment)
Copy of DD Form 214 (previous enlistment (3 copies))
Character reference
Character reference dated June 24, 2000
Forty pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        791120 - 831119  HON
         Inactive: USNR (DEP)     850514 - 851001  COG

 Period of Service Under Review :
Date of Enlistment: 851002               Date of Discharge: 900706

 Length of Service (years, months, days):

         Active: 04 09 05
         Inactive: None

 Age at Entry: 26                          Years Contracted: 6

 Education Level: 12                        AFQT: 33

 Highest Rate: SK2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.97 (6)    Behavior: 4.00 (6)                OTA: 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM (2), MUC, SSR

 Days of Unauthorized Absence: 33

 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 :

900228:  Applicant to unauthorized absence, 0700, 28Feb90.

900301:  Applicant to unauthorized absence 0630, 1Mar90.

900310:  Applicant declared a deserter.

 900511:  Charges preferred to special court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Unauthorized absence (UA) from 1Mar90 to 1945, 3Apr90, and Article 87: Missing movement on 29Mar90.

 900608:  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 and missing movement. 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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900706 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).

 Issue 1. The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as implied in the applicant’s letter to the Board. The Board’s charter limits its review to a determination on the propriety and equity of the discharge. In the applicant’s case the Board could discern no impropriety or inequity and therefore considered the applicant’s discharge was proper and equitable. The applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.



Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 7, effective
25 May 89 until 14 Aug 91, 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 “ afls10.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      


Similar Decisions

  • NAVY | DRB | 2000_Navy | ND00-00289

    Original file (ND00-00289.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-FA, USN Docket No. ND00-00289 Applicant’s Request The application for discharge review, received 991227, requested that the characterization of service on the discharge be changed to honorable. Unauthorized absence since 0600, 15Sep97.980114: Charges preferred to court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Unauthorized absence (UA) from 0700, 15Sep97...

  • NAVY | DRB | 2001_Navy | ND01-00957

    Original file (ND01-00957.rtf) Auto-classification: Denied

    ND01-00957 Applicant’s Request The application for discharge review, received 010723, requested that the characterization of service on the discharge be changed to honorable. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. The names, and votes of the members of the Board are recorded on the original of this document and may be...

  • NAVY | DRB | 2000_Navy | ND00-00961

    Original file (ND00-00961.rtf) Auto-classification: Denied

    I would like the Board to review my service record and consider on upgrading my discharge to an Honorable. 960415: Applicant from unauthorized absence 2130, 15Apr96 (116 days/surrendered).950506: Charges preferred to special court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Unauthorized absence (UA) from 0700, 5Dec95 until 2130, 15Apr96.pplicant requested an administrative discharge under other than honorable conditions in lieu of a trial by...

  • NAVY | DRB | 2002_Navy | ND02-01013

    Original file (ND02-01013.rtf) Auto-classification: Denied

    ND02-01013 Applicant’s Request The application for discharge review, received 020711, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time.

  • NAVY | DRB | 2001_Navy | ND01-00568

    Original file (ND01-00568.rtf) Auto-classification: Denied

    The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. 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. The names, and votes of the members of the Board are...

  • NAVY | DRB | 2003_Navy | ND03-01080

    Original file (ND03-01080.rtf) Auto-classification: Denied

    ND03-01080 Applicant’s Request The application for discharge review was received on 20030605. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing, also advised that the Naval Discharge Review Board (NDRB) does not travel, all hearing are held in the...

  • NAVY | DRB | 2001_Navy | ND01-00384

    Original file (ND01-00384.rtf) Auto-classification: Denied

    ND01-00384 Applicant’s Request The application for discharge review, received 010207, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a documentary record discharge review. After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).In response to the applicant’s issue, to permit relief, an error or...

  • NAVY | DRB | 2000_Navy | ND00-00382

    Original file (ND00-00382.rtf) Auto-classification: Denied

    ND00-00382 Applicant’s Request The application for discharge review, received 000203, requested that the characterization of service on the discharge be changed to honorable. Relief is not warranted.The applicant’s second issue states: “(Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.” The following is provided for the...

  • NAVY | DRB | 2001_Navy | ND01-00109

    Original file (ND01-00109.rtf) Auto-classification: Denied

    ND01-00109 Applicant’s Request The application for discharge review, received 001031, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a documentary record discharge review. My letter of explanation is attached.” Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces.

  • NAVY | DRB | 2002_Navy | ND02-01010

    Original file (ND02-01010.rtf) Auto-classification: Denied

    951211: Applicant from unauthorized absence 1519, 951211 (54 days/apprehended).960216: DD Form 214 discharged Applicant under other than honorable conditions in lieu of trial by court-martial, authority: NAVMILPERSMAN, Article 3630650.Separation package missing from service record. Upon review of the service record and documentation provided by the Applicant, the Board found no reason to refute the presumption of regularity regarding this case. Relief not warranted.is reminded that he...