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NAVY | DRB | 2005_Navy | ND0501261
Original file (ND0501261.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-STGSR, USN
Docket No. ND05-01261

Applicant’s Request
The application for discharge review was received on 20050725. The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060406. 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 a trial by court-martial.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the attached document/letter:

“To Naval Council of Personnel Boards

RE: J_ W_

My name is J_ W_. I enlisted in the United States Navy in November of 1996. I was 19 years of age. I enlisted with the intention of serving my country honorably. However, I did not live up to my obligation.

My first duty station was at FLEASWTRACEN, which is a training facility for Sonar Technicians (STG’s) based in San Diego, CA. During my training at FLEASWTRACEN, I ultimately lost sight of my obligations. I then made the worst decision that I have ever made. I went A.W.O.L. for eleven days. I then returned, turning myself in.

I have regretted the decision I made to leave everyday since. My resolution to leave is very much unlike my character.

For five years now, I have been attempting to re-enlist in the United States military. I have spoken to dozens of recruiters. Spent countless hours filling out paperwork, forms, etc. Doing everything they asked me to do. However, the end result has always been the same. A rejection based on my discharge status.

It wasn’t until my move from Kansas City to San Bernardino, where it was suggested that I apply for a review of my discharge status. I only wish that I had known of this option five years ago.

I moved to California for one reason. To be a part of my sons life. A son that I did not know of until a year ago. I moved well over fifteen hundred miles to be with him. It has been the best decision I have ever made.

But what do I tell him years down the road? At some point he will ask me what I did wrong. Surely, I will tell him the truth. But I would like to do more than that.

I want to show him that even when you do the wrong thing, when you make a big mistake, that it’s never to late to try to do the right thing.

I am requesting a change of discharge status in the hope that I can once again re-enlist in the United States military. During that one year period that I served in the Navy, never have I felt more at home then I did at that time. I belong in the United States military.

I know that my history in the Navy, my lack of commitment in fulfilling my obligations, my duties, must seem unsettling. But I can assure you that my prior behavior (A.W.O.L.) during my service in the Navy, will never be exhibited during my service, my re-enlistment in the United States military. Please allow me the opportunity to serve my country, to serve my country in a manner I should have, long ago. Thank-you for your time and consideration in this matter. ”

Respectfully yours,
J_ W_ [signed] J_ W_ (Applicant)

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Letter from Applicant (3 pgs, not dated)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19960828 – 19961125               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19961126             Date of Discharge: 19971014

 Length of Service (years, months, days):

         Active: 00 10 19 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 15 days
         Confinement:              none

 Age at Entry: 19

Years Contracted: 4

Education Level: 12                                 AFQT: 68

 Highest Rate: STGSR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                  Behavior: NA*    OTA: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): None.
* Not Available


 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/IN LIEU OF TRIAL BY COURT MARTIAL, authority: MILPERSMAN, Article 3630650.
Chronological Listing of Significant Service Events :

970722:  Applicant to unauthorized absence at 0730 on 970722.

 970806:  Applicant from unauthorized absence at 1255 on 970806 (15 days/surrendered).
970908:  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 all the charges preferred against him. Specifically, he admitted to violating UCMJ, Article 86, 92, and 112a. The Applicant stated he was completely satisfied with the counsel he had received. 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.

971009:  The Commanding Officer, Fleet ASW Training Center, exercising GCMCA, approved the request for an administrative separation in lieu of a trial by court-martial, and directed Applicant’s discharge characterized as under other than honorable conditions.
Service Record contains a partial Administrative Discharge package. Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19971014 in lieu of a trial by court-martial (A and B) with a service characterization of under other than honorable conditions. After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D). The Board presumed regularity in the conduct of governmental affairs (E).

 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. The Applicant stated he understood the elements of the offenses with which he was charged. He admitted he was guilty of violating Article 86, 92, and 112a of the UCMJ. Therefore, relief is denied.

 The Applicant states that he is requesting a change in discharge status in the hope of enlisting in the United States military. Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, NDRB is not authorized to change a reenlistment code. 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 additional evidence related to this 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 14, effective
03 Oct 96 until 11 Dec 97, Article 3630650, PROCEDURES FOR PROCESSING ENLISTED PERSONNEL FOR 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 112a, wrongful use, possession, of controlled substances, or Article 92, failure to obey order, regulation, 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 V, Para 502, Propriety .

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

 E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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

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