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

 ex-FR, USN
Docket No. ND03-00767

Applicant’s Request

The application for discharge review was received on 20030326.  The Applicant requests the characterization of service received at the time of discharge be changed to entry level separation or uncharacterized.  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 20040224.  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.  “My only issues are stated in the Letter that was wrote to the board.  Please read the letter and take the words wrote to heart as I know that I do.

Dear Board or whom it may concern,

     My name is M_ J. W_ (Applicant) I am 27 yrs. Old, married and have three children.  I was in the Navy from March 1994 thru March 1995 and was discharged with an other than honorable, because I went AWOL.  There is not a day that I wish for a the chance to go back and redo the time I was in the military.  Most of all the choice of going AWOL, I had received a call from home that was pretty much a (Dear John Letter) thing that I could not change, but I was young an immature and acted as such.  It pains me to know that I did such a wrong and stupid thing in my life and to the country I love.  I would like the board to consisted changing my discharge to either uncharacterized or general/under honorable.  Also my reenlistment code so that I may reup in the reserves and prove to myself and to my country that I am a great resource.  I would like my children to learn how important it is to b e apart of your country services.  I would love the opportunity to reprove myself to my country and children in the reserves.  If the board could find it in their hearts to forgive me for a stupid an immature choice I made as a young man.  If the choices are made not to let me reenlist I would beg the board to at least change my discharge for the reason that I am perusing a career in law enforcement and this is once of the last hurdles I have to jump over.  Hopefully I can peruse both opportunities with your help.  Thanks for your time and consideration.

Sincerely,
(Signed by the Applicant)

Fell free to reach me at any of these contracts with any question you may have.  And once again Thanks for your time.

Address:  xxxxxxxxxxxxxxxxxx
Home number: xxxxxxxxxxxxx
Cell number: xxxxxxxxxxxxxx
E-mail address: xxxxxxxxxxxxx”

Documentation

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

Letter from Applicant
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	930928 - 940314	COG
	Active:   USN			None

Period of Service Under Review:

Date of Enlistment:  940315		Date of Discharge:  950322

Length of Service (years, months, days):

	Active:    01  00  07
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  42

Highest Rate:  FA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.40 (1)	Behavior:  3.40 (1)		OTA:  NOB

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  90

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:

941002:	Retention Warning:  Advised of deficiency (Violation of UCMJ, Article 86, Unauthorized absence (2 specifications) CO’s NJP 941002), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

941002:	NJP for violation of UCMJ, Article 86 (2 Specs): Unauthorized absence.
Award:  Restriction and extra duty for 30 days, reduction in rate to next inferior pay grade (suspended for 6 months).  No indication of appeal in the record.

941104:	Retention Warning:  Advised of deficiency (Violation of UCMJ, Article 89, Disrespect to a Superior Commissioned Officer, CO NJP 941104), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

941104:	Suspended reduction in rate to E-1 vacated per order of the Commanding Officer.
 
941104:	NJP for violation of UCMJ, Article 89: Disrespect to a Superior Commissioned Officer
	Award:  Forfeiture of $385.00 pay per month for 1 month.  No indication of appeal in the record.

941214:	Report of Declaration of Deserter (NAVPERS 1600-3).  Applicant declared a deserter on 941214 having been an unauthorized absentee since 0700, 941114 from USS PAUL F. FOSTER (DD-964).

950216:	Apprehended by civilian authorities 0420, 950213 at ST. Claire Shores, MI.  Returned to military control 0617, 950214, NACU Great Lakes, IL.

950216:	Confined to NAVCONBRIG MIRAMAR, SAN DIEGO, CA.

950221:	Released from confinement.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19950322 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.  Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested in the issue.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  Relief denied.

The following is provided for the edification of the applicant.  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 naval service.  The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  

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 documentation to support any claims of post-service accomplishments 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 9, effective 
22 Jul 94 until 2 Oct 96, 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