Search Decisions

Decision Text

NAVY | DRB | 2003_Navy | ND03-01325
Original file (ND03-01325.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND03-01325

Applicant’s Request
The application for discharge review was received on 20030805. The Applicant requests the characterization of service received at the time of discharge be changed to entry level separation or uncharacterized. The Applicant requests a personal appearance hearing in the Washington National Capital Region. The Applicant did not designate a representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Board first conducts a documentary record review prior to any personal appearance hearing.

Decision

A documentary review was conducted in Washington, D.C. on 20040608. After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. 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 stated

Applicant’s issues, as stated on the application:

1. “I would like to respectfully request to have my discharge upgraded to one that would allow me back into the United States military. I was young made a mistake and would like a second chance. My Father served in all five branches and the both of us would greatly appreciate an opportunity to show you or whom it concerns that I am fit and would love to rejoin.”
Documentation
Only the service and medical records were reviewed, as the Applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     960821 - 970421  ELS
         Inactive: USNR (DEP)     970430 - 970722  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 970723               Date of Discharge: 980423

 Length of Service (years, months, days):

         Active: 00 09 01 (Doesn’t exclude lost time.)
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 55

 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: 73

*No Marks Found in service record.

 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 :

980121:  Unauthorized absence from SSC Great Lakes, IL since 0600, 98JAN21. Intentions unknown.

980406:  Surrendered to military authority at TPU Great Lakes, IL at 1615, 98APR05. No civil charges pending. Return to military control at TPU Great Lakes at 1615, 98APR05. Retained onboard for disciplinary action and disposition.

[ADMIN DISCHARG E PACKAGE NOT CONTAINED IN SERVICE RECORD.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980423 under other than honorable conditions in lieu of a trial by court-martial (A and B). In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (C) and, after a thorough review of the records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (D and E).

Issue 1. The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such change is warranted. There is no evidence of impropriety or inequity in the Applicant’s discharge. The Applicant’s misconduct is clearly documented. Therefore, relief is denied.

Concerning reenlistment, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. 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 18, effective
12 Dec 1997 until 10 July 2000, 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, Article 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      





Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-01234

    Original file (ND99-01234.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Chronological Listing of Significant Service Events : Discharge package missing from service record.970214: Applicant to unauthorized absence 0630, 14Feb97. No relief warranted based on this issue.

  • NAVY | DRB | 2002_Navy | ND02-00452

    Original file (ND02-00452.rtf) Auto-classification: Denied

    ND02-00452 Applicant’s Request The application for discharge review, received 020226, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Admin Discharge Package (6 pages) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active:...

  • NAVY | DRB | 2003_Navy | ND03-01388

    Original file (ND03-01388.rtf) Auto-classification: Denied

    ND03-01388 Applicant’s Request The application for discharge review was received on 20030820. The Applicant requests the characterization of service received at the time of discharge be changed to general/ under honorable conditions. The Applicant’s service record provides clear evidence that the discharge authority directed discharge Under Other Than Honorable Conditions.

  • NAVY | DRB | 2001_Navy | ND01-01190

    Original file (ND01-01190.rtf) Auto-classification: Denied

    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. 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). PART IV - INFORMATION FOR THE APPLICANT If you believe that the...

  • NAVY | DRB | 2002_Navy | ND02-00984

    Original file (ND02-00984.rtf) Auto-classification: Denied

    ND02-00984 Applicant’s Request The application for discharge review, received 020701, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The Applicant requested a documentary record discharge review. requested an administrative discharge under other than honorable conditions in lieu of a trial by court-martial after admitting he was guilty of unauthorized absence for 318 days.

  • NAVY | DRB | 2002_Navy | ND02-00049

    Original file (ND02-00049.rtf) Auto-classification: Denied

    My name is J_ J_ M_ (Applicant). Documentation Only service record was reviewed. PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN 000000 - 000000 HON Inactive: USNR (DEP) 000000 - 000000 COG Period of Service Under Review :Date of Enlistment: 970730 Date of Discharge: 980416 Length of Service (years, months, days):Active: 00 08 17 (Doesn't exclude lost time.)

  • NAVY | DRB | 2003_Navy | ND03-00609

    Original file (ND03-00609.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (C) and, after a thorough review of the records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (D and E).Issue 1: The Applicant's discharge characterization accurately reflects his service to his...

  • NAVY | DRB | 2002_Navy | ND02-00324

    Original file (ND02-00324.rtf) Auto-classification: Denied

    ND02-00324 Applicant’s Request The application for discharge review, received 020128, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. The applicant requested a documentary record discharge review. 980105: BUPERS directed the applicant's discharge with characterization as type warranted by service record by reason of homosexual conduct admission.980324: Charges preferred to special court-martial for violation of...

  • NAVY | DRB | 2002_Navy | ND02-00538

    Original file (ND02-00538.rtf) Auto-classification: Denied

    As a result of this man's actions and the personal issues that already existed, I took it upon myself to resolve these problems and go home. No further information found in service record. 971002: Applicant to unauthorized absence 0550, 971002.Applicant declared a deserter.980131: Applicant from unauthorized absence 1215, 980131 (120 days/surrendered).980219: DD Form 214: Applicant discharged under other than honorable conditions in lieu of a trial by court-martial, authority:...

  • NAVY | DRB | 2003_Navy | ND03-00908

    Original file (ND03-00908.rtf) Auto-classification: Denied

    ND03-00908 Applicant’s Request The application for discharge review was received on 20030502. The Applicant requests a documentary record discharge 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.