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NAVY | DRB | 2002_Navy | ND02-00229
Original file (ND02-00229.rtf) Auto-classification: Denied


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

ex-IC3, USN
Docket No. ND02-00229

Applicant’s Request
The application for discharge review, received 020109, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance hearing before the board in the Washington National Capital Region. The Board advised the Applicant that his case would first receive a document review. The Applicant listed the Veterans Affairs as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030612. 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, as submitted

 1. I request my discharge be upgraded to Honorable. I had 3 years and 10 months of service and awarded Good Conduct Medal. I had no prior problems until the night before my release of active duty. See Attached DD 214 Please.

 2. Dear Sir:

I request an upgrade of my discharge from OTH to honorable. I have included materials for the Board's review including my command checkout sheet showing I was being released from active duty on 21 November 2000. I was involved in a minor drinking incident on the night of 20 November 2000 and no charges were filed against me. I was taken back to the USS Truman and told to wait until someone got back to me with instructions. I waited three days passed my discharge date and went to personnel and they signed me out. I received a copy of my discharge from personnel (see attached DD 214, dated 21 November 2000).

I had three years and 10 months and 18 days net military service. I was discharged as an E4 and awarded the Good Conduct Medal. I believe after a review of my military service you will conclude that an injustice occurred in my case.

I was very proud to have served my country in the U.S. Navy and I tried to maintain the fine tradition of those who served before me. My last days of military service were very confused and the only support came from my family. I am willing to be interviewed in person to correct this matter.

Since leaving the U.S. Navy, I have become an outstanding citizen and maintain a fulltime job. Would you please review my case -and grant me an honorable discharge.

Sincerely, [Applicant]

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214 (Member 1 and 4) (2 copies)
Charge sheet dated May 1, 2001
Command check out sheet (2 copies)
DD Form 214 for 970203 thru 001121 (Not in official records)
(Member 1 and 4) (2 copies)
Special Request/Authorization form dated November 13, 2000
Report - Final Separation
Enlisted Strength Loss
Security termination statement dated November 20, 2000
Four pages from Applicant's medical record
One page from Applicant’s service record
Good Conduct Award certificate
Criminal record check dated March 6, 2002 (2 pages)
Character reference dated March 9, 2002
Character reference dated March 1, 2002
Character reference, undated
Letter from Applicant's grandparents
Applicant's grandfathers' notice of separation from the U.S. Naval Service dated January 30, 1946
Character reference dated March 1, 2002
Character reference, undated
Letter from Applicant's parents dated February 24, 2002
Letter from Applicant's sister dated May 2, 2002
Letter from Applicant's parents dated April 2, 2003
Letter from Applicant's grandfather dated April 3, 2003
Letter from Applicant, undated
Two pages of photographs
Correspondence relating to request for congressional interest (18 pages)
Personal memos of phone calls (5 pages)
Phone call log (8 pages)
 USS Truman POC list (3 pages)
Navy Lodge receipt
Extract of letter to President Bush

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     961023-970202    COG

 Period of Service Under Review :
Date of Enlistment: 970203               Date of Discharge: 010509

 Length of Service (years, months, days):

         Active: 04 03 07 (Does not exclude lost time)
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 56

 Highest Rate: IC3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.67 (3)    Behavior: 3.00 (3)                OTA: 3.29

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM

 Days of Unauthorized Absence: (11) 001127-001208; (128) 001218-010425

 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 :

001025:  Applicant submits Special Request/Authorization to his chain of command requesting early release from active service. Applicants comments: "R/R to be separated from the Navy on 21 Nov 00. EAOS 2 Feb 01."

001113:  Applicant's Special Request/Authorization for early release from active service is approved by his chain of command. Authority is Navy Military Personnel Manual, (NAVPERS 15560C), Change 23, Article 1910-102.

001121:  Applicant discharged with honorable characterization due to completion of
         required active service; DD Form 214 issued reflecting this date.

001128:  USS Harry S. Truman (CVN 75) departs homeport to deployment.

001209:  Transient Personnel Unit (TRANSITPERSU), Norfolk, VA generates NAVPERS Form 1076/6 Record of Unauthorized Absence with following entries:
          00NOV27:         UA FM USS HARRY S. TRUMAN (CVN 75) THIS DATE.
         00NOV28:         MISSED SHIP'S MOVEMENT THIS DATE.
         00NOV28:         DECLARED A MANIFEST DESERTER THIS DATE.
         00DEC08:         SURRENDERED TO TRANSITPERSU, NORFOLK,
                  VIRGINIA THIS DATE. PENDING RETURN TO PARENT
                  COMMAND.
001218:  Applicant listed by TRANSITPERSU, Norfolk, VA as going to an unauthorized absence status on 001218.

010425:  Applicant listed by TRANSITPERSU, Norfolk, VA as coming from an unauthorized absence status on 010425 (128 days).

010501:  Charges preferred by TRANSITPERSU, Norfolk, VA to court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86 (2 specs): (1) Unauthorized absence from 001127 to 001208 (11 days), (2) Unauthorized absence from 001218 to 010425 (128 days).

010509:  Applicant discharged with a characterization of other than honorable in lieu of trial by court-martial; DD Form 214 issued reflecting this date.

010522:  USS Harry S. Truman (CVN 75) returns homeport from deployment.

 Separation package -- including member's Request for Separation to his GCMCA/ SPCMCA and the GCMCA/SPCMCA acceptance -- is missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 010509 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).

Issues 1 and 2: The Board found that the Applicant was processed for discharge on 21 November, 2000. The Board found no indication in the official record that the Applicant was actually released from active duty on that date. The Applicant did not provide sufficient evidence to refute the presumption that his early release was properly and equitably suspended while the Applicant was placed on legal hold on or about 21 November, 2000. The Board did not find a sufficient basis to grant relief on the issue that the Applicant’s service ended on 21 November, 2000. The Board’s regulations limit its review to a determination on the propriety and equity of the discharge. While the Board understands the Applicant’s and his family’s frustration in the way they claim to have been treated in attempting to secure an honorable discharge for the Applicant’s service, the Board discerned no impropriety or inequity in his administrative separation. Relief is therefore denied.

The record indicates the Applicant requested separation in lieu of court-martial. In the Applicant’s request, he would have certified a complete understanding of the negative consequences of his request and that his separation would be under other than honorable conditions. 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 denied.

The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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. Relief not warranted.

The Applicant 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. Representation at a personal appearance hearing is recommended but not required.




Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 29, effective
11 Jul 2000 until 21 Aug 2002, Article 1910-106 (formerly 3630650), SEPARATION IN LIEU OF TRIAL BY COURT-MARTIAL.

B. A punitive bad conduct discharge may be adjudged for violation of the Uniform Code of Military Justice, 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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