Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. ND00-01060

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

ex-MT3, USN
Docket No. ND00-01060

Applicant’s Request

The application for discharge review, received 000918, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested 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 010313.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain:  GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-144 (formerly 3630610).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issue (verbatim)

1.  I'm only writing you, only to ask that you carefully review my records in which I know you will, and please consider allowing my discharge to be moved to a honorable discharge.  Thank you for you valuable time.

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   USN 		950628 - 990323	HON
	Inactive: USNR (DEP)	950130 - 950627	COG

Period of Service Under Review:

Date of Enlistment:  990324		Date of Discharge:  991104

Length of Service (years, months, days):

	Active:    00  07  11
	Inactive:  None

Age at Entry:  18			Years Contracted:  5

Education Level:  12			AFQT:  76

Highest Rate:  MT3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (1)	Behavior:  4.00 (1)		OTA:  4.20
(EVAL PERIOD FROM 980615-990615?)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, GCA 

Days of Unauthorized Absence:  None 

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MILPERSMAN, Article 1910-144 (formerly 3630610).

Chronological Listing of Significant Service Events:

990324:	Reenlisted onboard USS NEVADA (SSBN 733) (GOLD) for 5 years.

990915:	Retention Warning from USS NEVADA (SSBN 733) (GOLD):  Advised of deficiency (You have been referred to ATD for an alcohol abuse treatment program), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

991013:	Civil Conviction:  [Kitsap County District Court] for violation of a Pretrial Diversion Agreement (No Contact Order) with Ms L___ S____).  Charged with Fourth Degree Assault. 
Sentence:  365 days jail time (360 suspended, 5 days credited for time served) and $5,000 fine ($4,800 suspended).

991014:	Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to civil conviction.

991014:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

991015:	Commanding officer recommended discharge general (under honorable conditions) by reason of misconduct due to civil conviction.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 991104 general under honorable conditions for misconduct due to civil conviction (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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 (C and D).

In response to the applicant’s issue 1, the Board thoroughly reviewed the applicant’s service record and determined a general (under honorable conditions) characterization was equitable considering the applicant’s length of service during this enlistment and the seriousness of his civil conviction.  The applicant was convicted of assault on 991013.  He was disqualified from Submarine duty.  The applicant was afforded all his proper rights and due process.  The Board therefore voted unanimously to have the characterization remain the same.  No relief will be granted based on this issue. 

There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service.  However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D).  Those factors include, but are not limited to, the following:  evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct.  At this time, the applicant has not provided any documentation of good character and conduct.  Therefore no relief will be granted.  The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)

A.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 25, effective 16 Sep 99 to 29 Mar 00, Article 1910-144 (previously 3630610), Separation by Reason of Misconduct - Civilian Conviction

B.  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.  

C.  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.

D.  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

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6100/A0203/A0205