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

ex-SR, USN
Docket No. ND00-00483

Applicant’s Request

The application for discharge review, received 000306, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 001005.  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	

1.  I was 19 years old when I made this stupid mistake.  I had left a girlfriend at home when I went into the Navy.  It was time for high school prom. I left to surprise her at the prom.  When I got home she surprised me with another boyfriend.  I went crazy and started doing all kinds of bad things including writing bad checks.  I was arrested and served some time in the county jail for this.

2.  The sheriff told me to go and turn myself in to the Navy.  I went back to Norfolk on my own and turned myself in. I was a very mixed up young kid when I did these things.  I turned myself in to take my punishment and make things right.  I did not realize that my punishment would be a lifetime sentence.  I did not understand the affect this discharge would have on my life.  I have tried to make it up to my nation by being a mistake.  I have paid for it.   Please don't continue to punish me the rest of my life.

Please change my discharge to General.  Thank you for your consideration.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Letter from police chief dated February 14, 2000
Letter from NV-THS Honor Society dated February 21, 2000
Certificate from honor society dated August 4, 1998
Two degrees from Douglas MacArthur Tech College dated August 19, 1999 for Industrial Electronics Technology and Industrial Electricity Technology
Copy of honor Wing recommendation dated February 25, 1992
Copy of commendation for outstanding academic performance dated March 2, 1991
Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	901003 - 901021	COG

Period of Service Under Review:

Date of Enlistment:  901022		Date of Discharge:  920312

Length of Service (years, months, days):

	Active:    01  05  11
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  77

Highest Rate:  SR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.00 (1)	Behavior:  2.80 (1)		OTA:  2.00

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  198 (Doesn't include 87 days confinement)

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

The applicant’s discharge documents were not available in the applicant’s service record.

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

Chronological Listing of Significant Service Events:

901023:	You are being retained in the Naval service, despite your defective enlistment and induction due to fraudulent entry into naval service as evidenced by your failure to disclose your preservice civil involvement:  Operating motor vehicle on motorcycle drivers license Oct 1986 no fine - warning only.  However, any further deficiencies in performance or conduct may result in processing for administrative separation.

910403:	Applicant to unauthorized absence 0730, 3Apr91.

910503:	Applicant declared a deserter.

910510:	Applicant from unauthorized absence 0800, 10May91 (38 days/apprehended).  Applicant apprehended by Geneva, AL sheriffs department.  IHCA

910607:	Civil Conviction:  Geneva Alabama County District Court for violation of passed 40 bad checks.
Sentence:  60 days in jail for each of the 40 counts to run consecutively.

910808:	Released from civilian confinement.

910808:	Applicant to unauthorized absence from CONUS Stinger Anti-Terrorist Weapons Detachment since 0901, 8AUG91 after applicant failed to return to command after being released from civilian confinement.  .

920118:	Surrendered on board TPU Norfolk, VA 1510, 18JAN92 and returned to full duty state 1510, 18JAN92 (163 days UA). Retained onboard TPU for disciplinary action and disposition.  No know civilian charges pending.

920204:	Emergency Care and Treatment: Competence for duty.   Assessment/Diagnosis: ETOH intoxication.  Quarters for 24 hours.  Released to custody of command.

[ADMIN DISCHARGE PACKAGE OR APPLICANT'S REQUEST FOR DISCHARGE IN LIEU OF TRIAL BY COURT-MARTIAL NOT CONTAINED IN SERVICE RECORD.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920312 under Other Than Honorable conditions in lieu of a trial by court-martial (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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 (C and D).

In the applicant’s issues 1 and 2, the Board determined these are not decisional issues and require no further comment.  Relief denied.

The applicant states, as a closing to his issues, that he wants his discharge changed to General.  The applicant elected discharge under Other Than Honorable conditions, in lieu of trial by court martial.  Under those circumstances, he has admitted guilt to all offenses filed against him.  After a review of the applicant’s service record and other evidence presented to the NDRB, in conjunction with cnsideration of the factors listed in paragraph 9.3 of the Manual for Discharge Review, it was determined that relief is not warranted.  The applicant provided documentation to show that he successfully earned his Associates degree but the Board determined that continuing education alone is insufficient to warrant a discharge upgrade.  Additional documentation, as it would pertain to the items listed in paragraph 9.3, to demonstrate the applicant’s good character and conduct, is required.  Based on the documentation provided, relief is denied.

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.  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.  

C.  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.

D.  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