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

ex-FN, USN 
Docket No. ND03-01498

Applicant’s Request

The application for discharge review was received on 20030917.  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 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 20040617.  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 1910-106 (formerly 3630650).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “My name is Eric Ridley and I am a deserter from the United States Navy.  I want to start off by saying that I know that I was wrong for leaving and not making contact with anyone in command or any other Naval official; I know that I was wrong for staying away from my duty for 2 years, but I have learned from my mistakes and am here to own up to them and try and make things right.  I am not expecting the Navy to condone what I did and I understand that there will be punishment and consequences, but I am asking to be given a second chance to serve my country and to prove that I still have the will and drive within myself to be the sailor that I dreamed of being and to make the Navy and myself proud.

I left the Navy with intentions to go home for the weekend, check on my grandmother and come back.  When I arrived home, everything was in a state of disarray.  My home was nothing like that home that I had left months before when I had decided to join the Navy.  My grandmother was not the same person that I had left either.  Before I continue, I must give a little background on my relationship with my grandmother.  My grandmother should be called my mother, technically, I mean she did everything for me except bring me into the world.  She is the only mother-figure that I have ever known.  She raised me from a baby and she and I have always depended on each other.  I depended on her for the necessities out of life and she never asked for anything in return.  I quickly found out that all of this had changed when I got home, my grandmother who had once been my rock and my support now needed me to support and protect her.

Disaster would be a good word to explain what was going on.  Bills were unpaid.  Collectors were calling everyday and the house and all of the furniture was in jeopardy of being repossessed.  The outside well which provided water for the inside of the house was completely dry which meant that she had no running water and the toilets did not work.  She had been without water for a long period of time and despite many attempts and requests had received no assistance from any programs.  My sister, who had gotten into a lot of trouble, was incarcerated and had left her kids with my grandmother.  She had no way to support herself and the kids.  My brother, who also lived in the house, refused to help with the bills or any other responsibilities.  Even though I had an obligation to the Navy, I also had an obligation to my grandmother who would not have survived if I had not stepped in to help.  My grandmother is disabled and has lots of trouble getting around.  She is not able to work and is not able to handle large amounts of stress at one time.  I love my grandmother and I could not turn and walk away and leave her in that state.

It took a lot of time and money to get things back on track.  I was forced to get a low paying job and work my butt off in order to make ends meet.  I now know at this point that I should have called and explained myself, but at the time I was not thinking of anyone except my grandmother.  The Navy was always on my mind, and I knew that at some point, I would have to turn myself in but it never seemed like the right time.  One day about a year ago, I decided that I should just go ahead and turn myself in.  I got all of my belongings together and explained to my grandmother that I had to go back.  She was not happy with my decision and begged and pleaded me to stay, but at this point, I knew that I had to leave.  I explained to her that I had put my life on hold and possibly ruined it for the good of the family and that I could no longer be the protector nor the man of the house.  I had to correct my wrong and try and start my own life again.  I turned myself in at Warner Robins Air Force Base in Warner Robins, Georgia.  I was held in custody for 3 days and released after 72 hours because no one from the Navy ever came to pick me up and the Air Force could not continue to hold me in custody.

I returned home, and decided that I would try again someday.  I pondered on this for many months and it seemed like every time I made my mind up, something else happened and I had to put myself aside and take care of family.  It has taken me a long time, but I know that the time is right.  I know that I am not in good standing with the Navy, but if you would just give me another chance, I know that I can make you proud.  I have learned from my mistakes and have matured as a man.  I know that right now, if given the opportunity, I can prove myself.  I know that I am “high risk” and I know that you have no reason to have mercy on me, but I am begging for your mercy.

I know that there is no excuse for my actions and understand that I handled the situation very unprofessionally.  Sometimes the wrong decision seems right and you never realize that you have made an error until you revaluate the situation.  At that point that you realize your error and shortcoming, you have to do everything in your power to make things right and this is my attempt to do so.

I am begging for the chance to prove myself to you and to my country.  I know that I let you down once before, but it will not happen again.  I want to serve my country and I know that I am capable of giving my all to that cause.  Please just have faith in me and give me another opportunity to prove myself.

Thank you for taking the time to listen to my plea.”

Documentation

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

Copy of DD Form 214
        	Houston County Sheriff’s record check
	Macon County Sheriff’s record check
	54 pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	991221 - 000112	COG
		   USNR (DEP)	990120 - 991020	ELS

Period of Service Under Review:

Date of Enlistment:  000113		Date of Discharge:  030227

Length of Service (years, months, days):

	Active:    00  06  20  (Does not include lost time)
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 

Education Level:  12			AFQT:  41

Highest Rate:  FN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  971

*No Marks Found in the service record

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 1910-106 (formerly 3630650).

Chronological Listing of Significant Service Events:

000705:	Declared deserter this date, having been in an UA status since 0600, 000605.

030129:	From UA [extracted from DD Form 214].

No discharge package

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20030227 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 available records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (D and E).

Issue 1.  The Applicant requested separation in lieu of trial by court-martial as a result of an extended period of unauthorized absence.  The Applicant understood that separation would be under other than honorable conditions.  The evidence of record and documentation provided by the Applicant does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  Relief denied.

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.  Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment.  A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  

The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident during the Applicant’s enlistment.  Additionally, 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.  Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his discharge.  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), re-issued October 2002, effective 22 Aug 2002 until Present, Article 1910-106 (formerly 3630650), 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