Search Decisions

Decision Text

NAVY | DRB | 2005_Navy | ND0500426
Original file (ND0500426.rtf) Auto-classification: Denied


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

ex-DN, USN
Docket No. ND05-00426

Applicant’s Request
The application for discharge review was received on 20050118. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests 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 20050428. After a thorough review of the 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. “My discharge was inequitable because it was based on one isolated incident in 5 years of service with no other adverse action.”

2. “The discharge is improper because I was not given a chance to go toward a board to discuss my case. At the time my son passed away and I was discharged with no chance to finish my contract with the U.S. Navy. I was not given a chance for the board cause they told me that the discharge they gave me was for the best.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None were submitted

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     981005 - 981027  COG

 Period of Service Under Review :
Date of Enlistment: 981028               Date of Discharge: 030606

 Length of Service (years, months, days):

         Active: 04 07 09                  [Does not exclude lost time]
         Inactive: None

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

 Education Level: 12                        AFQT: 35

 Highest Rate: DN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.67 (3)             Behavior: 3.00 (3)                OTA: 3.39

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR (2), NER, CGMUC, AFEM (2)

 Days of Unauthorized Absence: 378

 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 :

020215:  Applicant to unauthorized absence.

020219:  Applicant from unauthorized absence.

 030527:  Charges preferred for violations of the Uniform Code of Military Justice (UCMJ) Article 86 (3 specs): (1) Unauthorized absence from 020313 to 030128, (2) Unauthorized absence from 030225-030317, (3) Unauthorized absence from 030320 to 030419.

030521:  Applicant 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 the charge preferred against him. Specifically, he admitted to violating UCMJ, Article 86. 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.

030528:  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 20030606 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 states his discharge was based on one isolated incident in “5 years of service with no other adverse action.” Despite a servicemember’s prior record of service, certain serious offenses, even though isolated, warrant separation from the naval service in order to maintain proper order and discipline. The Applicant’s service record is marred by four periods of unauthorized absence totaling 378 days. The Applicant’s single 322-day period of unauthorized absence is considered a serious offense. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief denied.

Issue 2. The Applicant states that his discharge is improper because he was not “given a chance” to present his case to a board. In a signed statement, the Applicant 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 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. Regulations limit the Board’s 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 consider his discharge proper and equitable.

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. 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), re-issued October 2002, effective 22 Aug 2002 until Present, 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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

Similar Decisions

  • NAVY | DRB | 2005_Navy | ND0500082

    Original file (ND0500082.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to uncharacterized and the reason for the discharge be changed to “reentry for military.” The Applicant requests a documentary record review. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered: Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of...

  • NAVY | DRB | 2004_Navy | ND04-01387

    Original file (ND04-01387.rtf) Auto-classification: Denied

    ND04-01387 Applicant’s Request The application for discharge review was received on 20040901. The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). 020809: Applicant apprehended by civilian authorities.020827: Charges preferred to special court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Unauthorized absence (UA) from 001229-020213 and 020213-020809.020827: Applicant...

  • NAVY | DRB | 2003_Navy | ND03-00756

    Original file (ND03-00756.rtf) Auto-classification: Denied

    ND03-00756 Applicant’s Request The application for discharge review was received on 20030326. The Applicant requests a documentary record discharge review. Applicant) (social security number deleted)” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 000922 -...

  • NAVY | DRB | 2004_Navy | ND04-00024

    Original file (ND04-00024.rtf) Auto-classification: Denied

    ND04-00024 Applicant’s Request The application for discharge review was received on 20031001. I did not want discharged. Please allow me the chance to correct my wrong doings, and serve my country in it’s time of need.

  • NAVY | DRB | 2005_Navy | ND0500432

    Original file (ND0500432.rtf) Auto-classification: Denied

    ND05-00432 Applicant’s Request The application for discharge review was received on 20050112. The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). 030905: Applicant to unauthorized absence 2359, 030905.031118: Applicant apprehended by civilian authorities at 0155, 031105 for unauthorized absence and returned to military control 1130, 031118 (61 days/apprehended).031120: Court-Martial charges preferred...

  • NAVY | DRB | 2004_Navy | ND04-00395

    Original file (ND04-00395.rtf) Auto-classification: Denied

    ND04-00395 Applicant’s Request The application for discharge review was received on 20040109. The Applicant requests the characterization of service received at the time of discharge be changed to entry level separation or uncharacterized. 030303: Charges preferred to special court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Unauthorized absence from 1700, 021213 to 1950, 030228 (75 days/surrendered).030303: Applicant requested an administrative...

  • NAVY | DRB | 2002_Navy | ND02-00932

    Original file (ND02-00932.rtf) Auto-classification: Denied

    ND02-00932 Applicant’s Request The application for discharge review, received 020618, requested that the characterization of service on the discharge be changed to general (under honorable conditions) and the reason for the discharge be changed to Re code. The Applicant requested a documentary record discharge review. At this time, the Applicant has not provided such documentation for the Board to consider an upgrade.The Applicantis reminded that he remains eligible for a personal...

  • NAVY | DRB | 2000_Navy | ND00-00361

    Original file (ND00-00361.rtf) Auto-classification: Denied

    ND00-00361 Applicant’s Request The application for discharge review, received 000202, requested that the characterization of service on the discharge be changed to General/under Honorable conditions. The applicant requested a documentary record discharge review. 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...

  • NAVY | DRB | 2005_Navy | ND0500935

    Original file (ND0500935.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “RE-Code.” The Applicant requests a documentary record discharge review. Documentation Only the service record was reviewed. As of this time, the Applicant has not provided any post-service documentation for the Board to consider.

  • NAVY | DRB | 2005_Navy | ND0500655

    Original file (ND0500655.rtf) Auto-classification: Denied

    ND05-00655 Applicant’s Request The application for discharge review was received on 20050304. The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board.