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

ex-OSSR, USN
Docket No. ND01-00283

Applicant’s Request

The application for discharge review, received 010110, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions.  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 010615.  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: BAD CONDUCT/Convicted by special court martial, authority: NAVMILPERSMAN, Article 3640420.

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  My conduct and efficiency ratings/behavior and proficiency marks were mostly pretty good.

2.  I received awards and decorations.

3.  I received letters of commendation.

4.  My record of promotions showed I was generally a good servicemember.

5.  There were other acts of merit.

6.  I had a prior Honorable Discharge.

7.  I have been a good citizen since discharge.

Documentation

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

Copy of applicant's microfiche service record
Letter from applicant dated November 15, 2000
Copy of DD Form 214 (2 copies)
Character reference dated August 14, 2000
Character reference, undated
Character reference, undated
Copy of official transcript
Thirty pages from applicant's service record

PART II - SUMMARY OF SERVICE

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

	Active:   USN 		910305 - 950301	HON
	Inactive: USNR (DEP)	901215 - 920304	COG

Period of Service Under Review:

Date of Enlistment:  950302		Date of Discharge:  970708

Length of Service (years, months, days):

	Active:    02  04  07
	Inactive:  None

Age at Entry:  22			Years Contracted:  4

Education Level:  12			AFQT:  60

Highest Rate:  OS3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (1)	Behavior:  4.00 (1)		OTA:  4.00	4.0 eval
Performance:  4.00 (1)	Behavior:  4.00 (1)		OTA:  4.00	5.0 eval

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, JMU, BER (3), AFEM, SSDR (2), MUC, SASM, NAM, GCM

Days of Unauthorized Absence:  None

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

BAD CONDUCT/Convicted by special court martial, authority: NAVMILPERSMAN, Article 3640420.

Chronological Listing of Significant Service Events:

960417:	Applicant to pre-trial confinement.

960709:	Special Court Martial
	Charge I: violation of the UCMJ, Article 112A:
	Specification 1: Wrongfully distribute marijuana on 16Apr96, to wit: approximately two pounds of marijuana.
	Specification 2: Wrongfully possess marijuana on 16Apr96, to wit: approximately one-half ounce of marijuana.
	Findings: to Charge I and specifications 1 and 2 thereunder, guilty.
	Sentence: CHL for 6 months, forfeiture of $580 per month for 6 months, reduction to OSSR, Bad Conduct discharge.
	CA 960923: Sentence approved and ordered executed, except for bad conduct discharge.

960709:	Applicant to confinement.

960917:	Applicant from confinement and processed for appellate leave.

970417:	NMCCCA:  The findings of guilty and sentence, as approved on review, 
	are affirmed.  

970708:	SSPCMO:  Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970708 with bad conduct due to convicted by a special court martial (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 the applicant’s issues 1 through 7, relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts.  With respect to a discharge adjudged by a court-martial case, the action of the NDRB is restricted to upgrades based on clemency. (B, Part IV)   The applicant's case was considered under the pertinent standards of equity to determine if any factors in this particular case merited clemency.  The NDRB found the applicant’s service record devoid of any mitigating or extenuating factors sufficient to offset the seriousness of the offenses for which the discharge was awarded.  The applicant is reminded that he remains eligible for a personal appearance hearing provided that an application is received within 15 years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective 
03 Oct 96 until 14 Dec 98, Article 3640420, DISCHARGE OF ENLISTED PERSONNEL ADJUDGED BY SENTENCE OF COURT‑MARTIAL

B.  Secretary of the Navy Instruction 5420.174C of 22 August 19984 (Manual for Discharge Review, 1984) enclosure (1), Chapter 2, paragraph 2.24, COURT-MARTIAL SPECIFICATION, PRESUMPTION CONCERNING.

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