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

ex-RMSN, USN
Docket No. ND00-00087

Applicant’s Request

The application for discharge review, received 991019, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested 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 000720.  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/Separation in lieu of trial by court martial, authority: NAVMILPERSMAN, Article 3630650.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation

In addition to the service record with NO DISCHARGE PACKAGE, the following additional documentation, submitted by the applicant, was considered: 

None

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   USN			None
	Inactive: USNR (DEP)	880628 - 890725	COG

Period of Service Under Review:

Date of Enlistment:  890726		Date of Discharge:  911213

Length of Service (years, months, days):

	Active:    02  04  08
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  32

Highest Rate:  RMSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.40 (2)	Behavior:  2.40 (2)		OTA:  2.90

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  168 

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

UNDER OTHER THAN HONORABLE CONDITIONS/separation in lieu of trial by court martial, authority:  NAVMILPERSMAN, Article 3630650.

Chronological Listing of Significant Service Events:

900206:	Retention Warning:  Advised of deficiency (Violation of UCMJ, article 134: Unauthorized lending of AFID during personnel inspection), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910329:	To UA.

910502:	Report of Declaration of Deserter (NAVPERS 1600-3).  Applicant declared a deserter on 910426 having been an unauthorized absentee since 0645, 910329 from NAVCAMS MD.

910509:	Report of Return of Deserter.  Applicant apprehended by civil authorities on 910508 (1135) at OLD SAYBROOK, CT. Returned to military control 910508 (1135).  Returned to SUBASE NEW LONDON, CT.

910722:	To UA.

910820:	Report of Declaration of Deserter (NAVPERS 1600-3).  Applicant declared a deserter on 910820 having been an unauthorized absentee since 0700, 910722 from TPU, SUBASE, GROTON, CT.

911202:	Report of Return of Deserter.  Applicant apprehended by civil  authorities on 911127 (1100) at OLD SAYBROOK, CT. Returned to military control 911127 (1100).  Retained onboard for disciplinary action/disposition.

No further information in service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 911213 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).

The applicant introduced no decisional issues for consideration by the Board.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 
04 Mar 93, 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 [e.g., 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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