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NAVY | DRB | 2002_Navy | ND02-00696
Original file (ND02-00696.rtf) Auto-classification: Approved


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

ex-AA, USN
Docket No. ND02-00696

Applicant’s Request
The application for discharge review, received 020418, 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 Applicant listed the American Legion as the representative on the DD Form 293.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 030515. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB discerned no impropriety or inequity in the characterization of the Applicant’s service. The Board did find, however, that the Applicant's post-service accomplishments were significant enough to warrant partial relief. The Board’s vote was three to two that the character of the discharge shall change and unanimous that the narrative reason shall remain the same. The discharge shall change to: GENERAL (UNDER HONORABLE CONDITIONS)/IN LIEU OF TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 3630650.








SPN CODE KFS
SEP9306. This is the correct shell for SEP- IN-LIEU for the period 28 Jun 93 (SPN Code change) until 21 Jul 94. Narrative reason for separation: IN LIEU OF TRIAL BY COURT MARTIAL. In BUPERSINST 1900.8, under narrative reason, there is no dash (-) between “court” and “martial”. A general discharge is written GENERAL (UNDER HONORABLE CONDITIONS ).


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. (Equity Issue) This former member opines that his post-service conduct has been sufficiently creditable to warrant the Board's clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Page containing copies of the following certification cards:
-- Deputy Sheriff, Franklin County, FL undated
-- Corrections Officer, Franklin County, FL undated
-- Shotgun Qualification, Gulf Coast Community College dated 001130
-- Chemical Weapons Certification, Gulf Coast Community College dated 001130
-- First Responder, National Safety Council dated 001206
-- BLS CPR, National Safety Council dated 001206
-- Healthcare Provider, American Heart Association dated 001206
-- Handgun Qualification, Franklin County Sheriff's Officer undated
Unofficial transcripts, Gulf Coast Community College dated 020528 (3 pages)
Unofficial transcripts, Tallahassee Community College dated 020805 (1 page)
Official Grade Notification, Florida Department of Law Enforcement dated 010207
Test Results, State Officer Certification Examination, Florida Department of Law
Enforcement for test taken 020731
Correctional Exam Result Information, Florida Department of Law Enforcement
dated 010222
Basic Recruit Certificate of Compliance, The Commission on Criminal Justice
Standards and Training dated 010606
Cross-Training-Corrections to Law Enforcement Certificate of Compliance, The
Commission on Criminal Justice Standards and Training dated 021106
Post Secondary Adult Vocational Certificate, Correctional Officer Basic Standards,
Gulf Coast Community College dated 010125
Certificate of Completion, Law Enforcement Program, Tallahassee Community
College dated 020729
Dean's List Certificate, 2000 Fall Semester, Gulf Coast Community College
dated 010110
Perfect Attendance Award, Correctional Officer Basic Standards Class dated 010125
Certificate of Completion, Hazardous Materials Level One Awareness Training Course
dated 001009
Firearms Qualification Course Certificate dated 010125
Certificate of Completion, Weapons of Mass Destruction, Franklin County Sheriff's
Office dated 020424
Certificate of Completion, Firearms Requalification/Training Course, Franklin County
Sheriff's Office dated 030404
Instructor Certification, Advanced Taser Course dated 010925
HIPAA Training Certificate, Franklin County Sheriff's Office dated 030421
Letter of Explanation from Mr. S_ P. R_ on incident occurring 020301
Letter of Appreciation from R_ S_ on assistance provided 020905
Letter of App reciation from Franklin County Sheriff's Office dated 010511
Character Reference from Franklin County Sheriff's Office dated 020513
Letter of Appreciation from Franklin County Sheriff's Office dated 021125
Letter of Appreciation from Fayette County Sheriff's Department dated 021015
Character Reference from Shoreline Medical Group dated 020723
Character reference from J_ L. R_ and M_ A. R_ dated 020501

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     920122 - 920915  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 920916                        Date of Discharge: 940106

 Length of Service (years, months, days):

         Active: 01 03 21 (Does not exclude lost time)
         Inactive: None

 Age at Entry: 17 Parental Consent                Years Contracted: 4

 Education Level: 12                                 AFQT: 32

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                           Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 103: (10)930610-930620; (93)930707-931007
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 :

920916   Applicant received Naval Recruit Training Command, Orlando, FL

930211   Applicant received on board USS AMERICA (CV-66), Norfolk, VA

930610:  Applicant in an unauthorized absence status from 0745 on 930610 until 0630 on 930621 (10 days/surrendered).

930707:  Applicant in an unauthorized absence status from 0730 on 930707.

930806:  Applicant declared a deserter this date.

931008:  Applicant apprehended by civil authorities at 2341 on 931008. Applicant returned to military control at 0014 on 931009 at NAS Norfolk, VA (93 days/apprehended). Applicant held in pretrial confinement at NAVBRIG, Norfolk, VA.
         [Note: conflicting entry in service record. Applicant from unauthorized absence 1600, 931102 (118 days/surrendered).]

940106:  DD Form 214: Applicant discharged under other than honorable conditions in lieu of trial by court martial, authority: NAVMILPERS-MAN Article 3630650.

950410:  NDRB documentary record review Docket Number ND95-00254 conducted. Determination: discharge proper and equitable; relief not warranted.

 REQUEST FOR ADMINISTRATIVE DISCHARGE IN LIEU OF TRIAL BY COURT- MARTIAL NOT CONTAINED IN SERVICE RECORD

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 940106 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 Applicant contends that his post-service conduct, to include continuing education, professional pursuits in corrections and law enforcement, and full-time employment, warrants reconsideration of his characterization of service. The Board reviewed the post-service documentation provided by the Applicant and considered the additional post-service accomplishments revealed during his testimony. This evidence of significant post-service conduct by the Applicant provided the Board with a better perspective and understanding of his conduct while on active duty and demonstrated that his misconduct was an aberration sufficient to warrant relief in the form of an upgrade of the discharge characterization to general (under honorable conditions). Though the Applicant's post-service conduct was noteworthy, the Board did not view it as sufficient to warrant or grant total relief to honorable, as the Applicant requested. Partial relief is therefore granted on the basis of post-service conduct.

The Applicant is advised that changes to RE codes are beyond the authority of the NDRB and that he should address this issue to the Board for Correction of Naval Records.
Pertinent Regulation/Law (at time of discharge)
A . Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective 05 Mar 93 until 21 Jul 94, 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 86, Absence without leave, 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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