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NAVY | DRB | 2001_Navy | ND01-01190
Original file (ND01-01190.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND01-01190

Applicant’s Request
The application for discharge review, received 010920, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Hardship-RE-3. 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 020419. 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 1910-106 (formerly 3630650).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I B_____ A____left N.T.C Great Lakes and traveled home without the Navy's permission because my mother and father was getting divorced and my younger sister were having problems dealing with it I ask if I could go home to get the matter resolved but they said no upon returning I was given a discharge and was told I would be able to reenlist.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of Home Schooling Statistics, and Credits Earned Report (2pgs)
Verification Letter regarding Home Schooling
Administrative Remarks
Report of Suitability for Overseas Assignment (7pgs)
Gain Entry Report
Copy of Request for Evaluation of Non-Traditional Education Credentials
Copy of Charge Sheet

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     990624 - 990714  COG

 Period of Service Under Review :
Date of Enlistment: 990715               Date of Discharge: 991216

 Length of Service (years, months, days):

         Active: 00 03 10
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 43

 Highest Rate: SR

 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: 53

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 1910-106 (formerly 3630650).

 Chronological Listing of Significant Service Events :

991201:  Charges sheet: Violation of the Uniform Code of Military Justice (UCMJ) Article 86: Did on or about 0600, 991007 without authority absent himself from his organization, to wit: SSC, located at Great Lakes, IL and did remain so absent until on or about 1600, 991129.
        
991201:  A pplicant requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial. He waived his rights to consult 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: Did on or about 0600, 991007 without authority absent himself from his organization, to wit: SSC, located at Great Lakes, IL and did remain so absent until on or about 1600, 991129. 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.

991201:  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 991216 under other than honorable conditions in lieu of a trial by 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).

 Issue 1. The applicant described family problems as matters of mitigation for his misconduct. The Board presumed regularity in the conduct of government affairs. The applicant admits to be on unauthorized absence. There is no evidence that the applicant attempted to use his chain of command to resolve his personal problems. He was justifiably held accountable for his misconduct. The applicant elected to be discharged with an other than honorable discharge in order to escape a trial by court martial. There is no documentary evidence in the applicant’s record nor did he provide any evidence to support his claim that he would be allowed to re-enlist. The Board determined the discharge was proper and equitable. Relief denied.
The applicant is eligible for a personal appearance hearing provided a new application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until 10 July 2000, Article 1910-106 (formerly 3630650), SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL.

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 “ 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      

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