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

 ex-SA, USN 
Docket No. ND03-00684

Applicant’s Request

The application for discharge review was received on 20030310.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions.  The Applicant requests 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 20040311.  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 TRIAL BY COURT MARTIAL, authority: NAVMILPERSMAN, Article 3630650.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “To whom it may concern:
 I J___ W__ H___ would like to be able to take a moment to explain the issues that led to my discharge from the Navy.  I was in Tech Core when I received a phone call from my mother expressing her health problems and financial problems.  So I took on a second job outside the navy trying to help with some of her financial problems.  In so doing this I began missing classes at NTC Great Lake.  I missed 18-24 days before I returned to my Commanding Officer.  I explained the situation to him, he said I should talk to the Chaplain.  So I went to talk to the Chaplain and explained the situation to him.  I was asked if I had any brothers of sisters I told him that I had a brother and a sister.  He asked why they couldn’t help and I explained that my brother was in prison, and my sister had her own family problems to deal with.  He told me that he didn’t feel it was important and that I didn’t need the leave time.  So I acted off impulse and wrote down the address and phone number to my mother home.  I told them that if they needed me that this is where they could reach me. I had no intentions of being a Deserter, or I would not have given them the address and phone number to where I was going.  I know that I handled the situation wrong.  I was a 20 year old whose mother needed health and financial assistance.  I was new to the service and didn’t know what options I had.  I am now 26 and have grown to be more dependable and responsible.  I am willing to do Reserve time to show my willingness, and dependability.  I just ask you give me a 2nd chance.  I will not let you down.”

Documentation

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

Copy of DD Form 214
Letter of Intent
Character Reference Letter from Calif. Dept Of Forestry and Fire Protection
Character Reference Letter from Calif. Dept Of Forestry and Fire Protection dated November 1, 2002
Character Reference Letter from Faith Baptist Church
Character Reference Letter from G_ R_ (Modoc Mini Mart)
Character Reference Letter from Alturas Rural Fire Dept
Training Certificate (CDF Firefighter I Basic/Haz-Mat First Responder Operational)
Training Certificate (Confined Space Awareness)
Training Certificate (Company Drill-Live Fire/Structure Behavior/Vehicle Fires)
Training Certificate (Forklift Operator)
Training Certificate (Front End Loader and 2-Axle Dump Truck)
Training Certificate (Basic Store Management)
Training Certificate (Firefighter Safety and Survival/I-100 Introduction to Ics)
Training Certificate (Fire Command 1B)
Training Certificate (Incident Dispatcher)
Training Certificate (Fire Investigation IA)
Training Certificate (Fire Instructor 1A)
Training Certificate (Fire Instructor 1B)
Training Certificate (Fire Command 1A)
Training Certificate (Fire Command 1B)
Training Certificate (Low Angle Rescue)
Training Certificate (CFC-12 Refrigerant Recycling)
Training Certificates (Firefighter I Advanced Training/S-217 Interagency Helicopter Training)
Training Certificate (Communicable Disease Prevention)
Training Certificate (Public Safety CPR)
Training Certificate (Trauma and Medical Patient Assessment)
Training Cards: (EMT 1/Public Safety CPR/Defensive Driver Training)
Letter of Recommendation: (EMT 1 Ride along on Ambulance) 

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	970305 - 970318	COG
	Active:   USN			None

Period of Service Under Review:

Date of Enlistment:  970319		Date of Discharge:  971007

Length of Service (years, months, days):

	Active:    00  05  17
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 (24 months extension)

Education Level:  12			AFQT:  67

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NOB*		Behavior:  NOB		OTA:  NOB

Military Decorations:  None

Unit/Campaign/Service Awards:  M-16A1(C) Sharpshooter

Days of Unauthorized Absence:  34 

*  None Obtained

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:

970731:	To UA.

970828:	Report of Declaration of Deserter (NAVPERS 1600-3).  Applicant declared a deserter on 970828 having been an unauthorized absentee since 0730, 970827 from SSC, Great Lakes, IL.

970910:	Report of Return of Deserter.  Applicant apprehended by civil authorities on 970904 (1145) at Alturas CA.  Returned to military control 970904 (1145).

NO DISCHARGE PACKAGE AVAILABLE

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19971007 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).

Issue 1:  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the Applicant’s enlistment.  While he may feel that his family was a contributing factor, it does not mitigate the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service, demonstrating he was unsuitable for further service.  His service record is marred by unauthorized absence and desertion resulting in a discharge in lieu of Court-Martial proceedings, thus substantiating the misconduct.  Relief denied.

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 civilian life, subsequent to leaving the service.  The Board has no authority to upgrade a discharge for the sole purpose of enhancing opportunities as requested, by the Applicant.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  In the Applicant’s case, the Board could discern no impropriety or inequity in the characterization of the Applicant’s discharge.  Relief denied.  

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 additional documentation to support any claims of post-service accomplishments or any other evidence related to the applicant’s discharge at that time.  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 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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