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

 ex-OSSN, USN 
Docket No. ND03-01033

Applicant’s Request

The application for discharge review was received on 20030528.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to administration.  The Applicant requests a documentary record 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 20040415.  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/Separation 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 discharge was inequitable because it was based on an isolated, minor offense.  I have over 12 years of exemplary service prior to this incident including the awards of two Navy Achievement Medals.  In addition my post separation conduct has been exemplary.  I am one semester from my BS degree and holding a 3.64 grade point average.  I have been treasurer of Phi Theta Kappa honor society and am also a member of Sigma Beta Delta honor society for business schools.  Please consider my many letters of Commendation and letters of Appreciation.  I received awards from every service school I ever attended including “Honorman” at Submarine school and distinction everywhere else.  Also consider my service record awards such as Overseas Service, Sea Service, Southwest Asian Service and others.  I even have tow Good Conduct Awards.  
I hope that you agree that 12 years of outstanding service should outweigh my one stupid mistake.  Thank you.”

Documentation

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

Copy of Bachelor of Science Accounting Degree from Elizabeth City State University
Copies of Transcripts (4 pages)
Copy of Certificate of Participation for Outstanding Achievement
Copy of Dean’s List Certificate
Copy of Phi Theta Kappa Society Certificate
Copies of Certificate of Recognition for Outstanding Merit and Academic (2)
Copies of Navy Achievement Medal Citations (2)
Copies of Letters of Commendation Citations (2)
Copy of Letters of Distinction
Copies of Letters of Appreciation Citation (3)
Copy of Certificate of Completion (Enlisted Surface Warfare Specialist)

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	790830 - 800122	COG
	Active:   USN			800123 - 850926	HON
	Active:   USN			850927 – 890228	HON

Period of Service Under Review:

Date of Enlistment:  890301		Date of Discharge:  920804

Length of Service (years, months, days):

	Active:    03  05  04
	Inactive:  None

Age at Entry:  34			Years Contracted:  5

Education Level:  12			AFQT:  99

Highest Rate:  OS1

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (3)	Behavior:  3.93 (3)		OTA:  4.00

Military Decorations:  None

Unit/Campaign/Service Awards:  AFEM(3), OSR , SSDR, GCA (2), SASM, NDSM

Days of Unauthorized Absence:  236 

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:

890301:	Reenlisted at COMSUBGRU SEVEN by PSD Yokosuka, JA, For 5                                                           
                     years.

911003:	NJP for violation of UCMJ, Article 86: (2 Specifications), Specification 1: Absence from unit on or about 0700, 910927 until on or about 0900, 910929, Specification 2: Absence from unit on or about 1230 910930 until on or about 2315, 910931, violation of UCMJ, Article 92: Failure to obey other lawful order.
	Award: Forfeiture of $250.00 pay per month for 2 months, letter of admonition, reduction in rank (suspended).  No indication of appeal in the record.

911028:	Missed sailing of vessel from Long Beach, CA en route to Socal Oparea.

911104:	Missed sailing of vessel from Long Beach, CA en route to Socal Oparea.  

911107:	Report of Declaration of Deserter (NAVPERS 1600-3).  Applicant declared a deserter on 911105 having been an unauthorized absentee since 1030, 911007 from USS DAVID R. RAY (DD 971).

920603:	Report of Return of Deserter.  Applicant apprehended by civil authorities on 920530 (1348) at Reno, NV.  Returned to military control 920530 (1655).  Delivered to TPU San Diego ON 920601 for disciplinary action /disposition.

920611:	Charges preferred to special court-martial for violation of the Uniform Code of Military Justice (UCMJ) Article 86: Unauthorized absence from 911007 until 920530 (236days/A).

920630:	Applicant requested an administrative discharge under other than honorable conditions in lieu of a trail by court-martial.  He consulted with counsel and was fully advised of the implications of her/his request.  The Applicant stated he understood the elements of the offense(s) with which he was charged, and admitted he was guilty of all the charges preferred against him.  Specifically, he admitted to violating UCMJ, Article: 86 UA from 911007 to 920530(236days/A).  The Applicant stated he was completely satisfied with the counsel he had received. The Applicant understood that if discharged under other than honorable conditions, it might deprive him of virtually all veterans' benefits based upon his current enlistment, and that she/he might expect to encounter substantial prejudice in civilian life in situations wherein the type of service rendered or the character of discharge received therefrom may have a bearing. 

920709:	The Commanding Officer, exercising GCMCA, approved the request for an administrative separation in lieu of a trial by court-martial, and directed Applicant’s discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19920804 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:  The Applicant contends that he served the United States well and he is entitled to an upgrade.  When the service of a member of U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  An Under Other Than Honorable Conditions discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The Applicant’s service was marred by a long-term unauthorized absence totaling 236 days which ended by apprehension.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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.  At this time, the Applicant has not provided sufficient verifiable documentation of good character and conduct to mitigate his misconduct while on active duty.

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 or any other evidence related to his 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), 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.  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