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

 ex-MS3, USN
Docket No. ND00-00288

Applicant’s Request

The application for discharge review, received 991227, 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 applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000810.  After a thorough review of the records, 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/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

Only the applicant's service and medical records were considered, 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		920118 - 930316	COG - to enlist USN
Active:   USNR		910731 - 920117	Released ACDUTRA
	Inactive: USNR		910429 - 910730	To report ACDUTRA

Period of Service Under Review:

Date of Enlistment:  930317		Date of Discharge:  970908

Length of Service (years, months, days):

	Active:    04  05  22 [Doesn't exclude lost time.]
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 (12 months extension)

Education Level:  12			AFQT:  62

Highest Rate:  MS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.7 (2)	Behavior:  3.7 (2)		OTA:  3.7

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR, AFSM, SWASM(w/Bronze Star), Navy "E" Ribbon(2) 

Days of Unauthorized Absence:  113

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:

930730:	Changed rate from "CR" to "MSSR".

940609:	Unauthorized absence from 0800, 9 June 1994.  Intentions unknown.

940609:	Voluntarily returned to place of duty at 1244, 9 June 1994.  Unauthorized absence for a period of about 4 hours and 44 minutes.

940714:	NJP for violation of UCMJ, Article 86:  unauthorized absence, violation of UCMJ Article 91:  insubordinate conduct toward a superior non-commissioned officer.
	Award: Restriction for 5 days and extra duty for 7 days.  No indication of appeal in the record. 

940714:	Retention Warning:  Advised of deficiency (recent CO's NJP on 14 June 94 violation of UCMJ, Article 86 - unauthorized absence, and Article 91 - insubordinate conduct toward a non-commissioned officer.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

970307:	Unauthorized absence from USS DEYO (DD 989).

970407:	Declared a Deserter

970630:	Report of Return of Deserter.  Apprehended by civil authorities 1513, 28JUN97 at El Paso TX.  Returned to military control 1625, 28JUN97 by Navy Absentee Collection Center, Great Lakes, IL.  In Military custody and enroute to TPU Norfolk, VA 01JUL97 for further transfer to USS DEYO for duty. 

970908:	Applicant discharged Under Other Than Honorable Conditions in lieu of trial by court-martial.

[ADMIN DISCHARGE PACKAGE NOT CONTAINED IN SERVICE RECORD AND UNABLE TO OBTAIN FROM PREVIOUS COMMAND AND THE APPLICANT.]

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 970908 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, 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.

The following is provided for the applicant’s edification.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E).  The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB.  The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

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 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