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

 ex-EOCN, USN
Docket No. ND02-00043

Applicant’s Request

The application for discharge review, received 011004, requested that the characterization of service on the discharge be changed to honorable, general/under honorable conditions, or entry level separation or uncharacterized, to include changing the reenlistment code.  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 020517.  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 (verbatim)

1.  Please know that I wish to have my discharge upgraded to enable me to reenlist for the service, to include my reenlistment code changed. I have attached statements from several sources attesting to my character during service and after my discharge. I had one bad experience while I was in service and I wish to serve my country again.  As you will see from my in service letters that I was an overall good service member and made one mistake and have had to pay the price by being discharge.

Documentation

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

Character Reference ltr from C_ N_, Sheriff, L_ County dtd Sep 24, 2001
Applicant's ltr to the Board dtd 22 Sep 01
Thank you ltr to the Applicant for volunteer work from Navy Relief Society, dtd Aug 21, 1989
Letter of Outstanding Physical Readiness Achievement, CO, NAS Adak, uddtd
Letter from Employer, K_ C_, dtd Sep 30, 1992
Character Reference ltr from employer, P_ L. M_, undtd 
Letter of Employment (9/9/96 - 3/12/98), from The Brake Shops of L_ V_ Inc. dtd 14 Oct 98
Letter of Recommendation from employer (Brown-Daub, Chevrolet, Oldsmobile, Volvo) dtd Mar 5, 1999
Letter of Recommendation from employer (Apr 99 - Nov 99), dtd Dec 27, 1999
Certificate of Excellent Physical Fitness For Aug 1989
Course Completion Certification (Equipment Operator "A" School) dtd 8 Sep 89
Certificate of Training Completion (Electrolyser Hydrogen Generator Plant for Fire Dept) dtd June 1990
Certificate of Achievement (MTA Schools) dtd 11 Mar 1994
Diploma for Commercial Driver's License (MTA School) dtd 11 Mar 95
National Institute for Automotive Service Excellence (Certificate for Automobile Technician) dtd 30 Jun 2001
Certificate of Attendance (Westling Certified Service Technician Starting & Charging Systems) dtd 10-11-99
Training Completion Certificate (Emission Inspection Mechanic Training Program) dtd 16 Oct 97
Copy of DD Form 214
PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	891019 - 891107	HON (To enlist USN)
	Inactive: USNR		890909 - 891018	HON
	Active:   USNR		890414 - 890908	RelAcDuTra
	Inactive: USNR		890412 - 890413	COG

Period of Service Under Review:

Date of Enlistment:  891108		Date of Discharge:  911028

Length of Service (years, months, days):

	Active:    01  11  21
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  11 (GED)		AFQT:  76

Highest Rate:  EOCN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.2 (2)	Behavior:  3.2 (2)		OTA:  3.3

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, N&MCOSSR

Days of Unauthorized Absence:  None 

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:

910805:	Recommendation for advancement to E-4 (EO3) withdrawn due to substandard performance and pending court-martial.

910913:	Mental Health Dept, Naval Hospital, Adak, Psychological Report:  Pt recently requested Other Than Honorable discharge in lieu of court-martial.  Per regulation psych eval requested to determine if pt fit to made such a decision/request.  Pt denied any symptoms of depression or history of suicidal/homicidal ideation.  Expressed some symptom of worry about decision and has recently thought to request a court-martial instead.  Admits alcohol use with first drink age 16 (2-3 beers).  Currently charged with UA due to not being at work while at legal appointment (marriage).  Loaded weapon found in locker when unable to replace in armory in timely fashion.  
	Impression:  AXIS I:  1 - S/P Alcohol Abuse by history 2 - Occupational problems.  AXIS II:  Deferred.  AXIS III:  None Known.  AXIS IV:  Moderate.  AXIS V:  gas-75 current.  Fit for full duty, responsible for his own actions.  Agreed to seek help should HI/SI occur.  Low risk at present.  Referred for Level I at present .  Level II if any further alcohol related difficulties after legal problems resolved.  Pt fit to participate in and understood any & all legal proceedings.  He's also fit to make any decisions regarding these proceedings such as whether to choose a BCD or Court-Martial

[ADMIN DISCHARGE PACKAGE NOT CONTAINED IN SERVICE RECORD.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 911028 under other than honorable conditions in lieu of a trial by court-martial (A).  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 requested a discharge upgrade and a change to his reenlistment code.  The Board reviewed the applicant’s available military records and all supplemental documentation provided and determined  that the discharge was proper and equitable.  The discharge package is missing, therefore the Board presumed regularity in the conduct of government affairs.  The applicant did not sufficiently rebut the presumption of regularity.  Additionally, the NDRB has no authority to change re-enlistment codes.  Relief is denied. 

Issue 2 states that statements from several sources attesting to his character during military service and after his discharge were provided. The Board reviewed the supplemental documentation provided.  The Board determined that the applicant’s post service documentation did not sufficiently demonstrate the discharge was inequitably assigned.  Notably absent was documentation demonstrating volunteer and community service.  Relief is denied.

Issue 3 states that the applicant’s discharge was based on “one bad incident” and that he wishes to serve his country again.  The Board noted the applicant accepted an Other Than Honorable discharge in order to escape a trial by court martial.  The “one bad incident” the applicant was involved in was significant enough to warrant charges to be preferred to a court-martial and the applicant to accept an Other Than Honorable discharge in order to escape court-martial.  He should consult his local recruiter to determine realistic opportunities for future service.  Relief is denied.

The applicant 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), 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 “afls10.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