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

, ex-MS2, USN
Docket No. ND03-01052 

Applicant’s Request

The application for discharge review was received on 20030602.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance hearing discharge review before the Board in the Washington National Capital Region.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. 

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040423.  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 in a letter dated Nov 12, 2002 to the Veteran Board:

“Let me begin by introducing myself, My name is T_ W_, Jr (Applicant).  I’m from the great state of New York Sir.  The reason I am writing to you is tow fold.  First and foremost, the military judicial system has done a great injustice to my family and I.  As the enclosed letter requesting clemency.  The United States Navy discharged me with an other than honorable discharge and denied me benefit compensation.  Which I was injured through out my Army Navy career.  I never complain about pain and mental stress, or went to the doctor like I should have.  I always went beyond the call of duty during my combine Army/Navy career.  I supported and served in Lebanon, Grenada, gulf and also Bosnia.  I also spearheaded special events around the world for V.I.P. such as vice president C_.  He was then the department of defense.  The ambassador of Greece, Italy, Spain, Paris.  Also F. L_ B_ aboard John F. Kennedy at sea.  I’ve enclosed  my Army honorable and my first Navy honorable discharge.  I should have had another one when I extended in 1988.  I should have got another honorable in 1992, I reenlist in 1989 and the board of correction c hanged my records.  I have numerous meritorious achievement letters and accommodations, which span over a decade of faithful years serving in the Army and Navy.  My dear cousin R_ H_ x-xx-xx-x-xx-xx [date of birth/death] accidentally shot himself to death while showing a gun in front of his three children.  Sir I was traumatized by this unfortunate and untimely accident.  I flet compelled to leave the Nay to take care of my first cousin’s who was an honorable veteran in the Army family and also my family at the time.  Fighting off constant stress, mental anxiety and break up lost of my own family.  I dug deep into mental fortitude of our ancestors.  All I had was less than nine months left on my third enlistment.  I tried to better myself.  Couldn’t even help.  During my U.A. I started my own business and also went to school at New York Food and Hotel Management School.  I graduated top of the class.  I was career oriented.  I passed E-6 exam and done all requirement for E-7,8&9.  My overall evaluations 3.89 out of 4.0.  I would like to end this letter with a personal plea.  I asked that my record of trail be reviewed at your level.  Please do something about this travesty of justice.

Documentation

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

Letter from W. D. P_, Executive Director of BCNR to Senator C_, dated April 9, 2003
Letter of Response from Senator H_ R. C_, dated January 29, 2003
Letter from Applicant dated November 12, 2002
Copy of Investigation Report (2 pages)
Copy of Detective L_ D_ Business Card 
Copy of Food & Hotel Management School Student Identification Card
Copies of DD Form 214 (2)
Copy of DD Form 215
Copy of DD Form 214 (prior service)
Copy of Family Housing Termination Letter
Message from NAVFINCEN Cleveland OH 
Copy of Application for Uniform Services Identification Card Deer Enrollment
Copies of Certificates of Achievement (3)
Copies of Letters of Appreciation (6)
Copy of Certificate of Completion (Bachelors Quarters Management Course)
Letter of Commendation
Letter of Commendation from Rear Admiral J_ C, S_, to Captain D
Letter of Commendation from D_ A. F_, Kitchen Supervisor M_ L_ K_ Center
Copy of Mess Management Specialist of the Month Letter
Copy of Food Service Sanitation Instructor Certification Letter
Copy of Certificate of Completion (Career Information Training Course)
Copy of Navy Achievement Medal Certificate
Copy of Letter of Congratulation from New York Food & Hotel Management School   

PART II - SUMMARY OF SERVICE

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

	Inactive: USAR		820223 - 820301	COG
Active:   USA			820302 - 850301	HON
Inactive: USAR		850302 - 850310	COG 
Inactive: USNR (DEP)	850312 - 850416	COG
	Active:   USN			850417 - 890413	HON

Period of Service Under Review:

Date of Enlistment:  890414		Date of Discharge:  970307

Length of Service (years, months, days):

	Active:    05  00  24
	Inactive:  None

Age at Entry:  28			Years Contracted:  6 

Education Level:  12			AFQT:  21

Highest Rate:  MS2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.73 (6)	Behavior:  3.66 (6)		OTA:  3.93

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, NAM, GCA

Days of Unauthorized Absence:  1016 

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:

890414:	Reenlisted on board USS L Y SPEAR (AS 36) for 6 years.

920923:	DAAR indicates other opiates abuse as a result of a random urinalysis, found not dependent, recommended for separation no via VA hospital.

940225:	Report of Declaration of Deserter (NAVPERS 1600-3).  Applicant declared a deserter on 940213 having been an unauthorized absentee since 0700, 940113 from USS JOHN F. KENNEDY (CV-67).

940302:	Report of Return of Deserter.  Applicant apprehended by Portsmouth Police Department, Portsmouth, VA on 940227 (0915).  Returned to military control 940227 (0940).  Retained onboard TPU NORVA for further transfer to USS JOHN F. KENNEDY.

950413:	Report of Declaration of Deserter (NAVPERS 1600-3).  Applicant declared a deserter on 950412 having been an unauthorized absentee since 0700, 940610 USS JOHN F. KENNEDY (CV-67).

970207:	Report of Return of Deserter.  Applicant apprehended by civilian authorities on 970205 (2110).  Returned to military control 970205 (2215).

NO DISCHARGE PACKAGE AVAILABLE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970307 under other than honorable conditions in lieu of a trial by court-martial (A and B). In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (C) and, after a thorough review of the records, supporting documents, facts, and circumstances unique to this case, 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 problems were contributing factors, they do 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 positive urinalysis for opiates as well as being declared as deserter on two separate occasions 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.  However, 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), 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