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NAVY | DRB | 1999_Navy | ND99-00025
Original file (ND99-00025.rtf) Auto-classification: Denied


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

ex-SA, USNR
Docket No. ND99-00025

Applicant’s Request
The application for discharge review, received 980929, 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 990927. 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: UNDER HONORABLE CONDITIONS (GENERAL)/MISCONDUCT – Commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (VERBATIM)

 1. “R/R for upgrade so I can return back to school on a GI Bill that I had participated in.”

2. “I wish I to return to school but as of now I am unemployed.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 890131               Date of Discharge: 920302

 Length of Service (years, months, days):

         Active: 02 05 15
         Inactive: 00 07 14

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 23

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (2)    Behavior: 3.10 (2)                OTA : 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 4

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

890915:  Applicant ordered to active duty for 36 months under Active Marine Program.

890920:  Retention Warning: Advised of deficiency (non-swim qualified), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910708:  NJP for violation of UCMJ, Article 86 (2 specs): Unauthorized absence on 2400, 91May31 to 2330, 91Jun04 (3 days) and 0700, 910610 to 0700, 910611 (1 day).
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 20 days. No indication of appeal in the record.
910910:  NJP for violation of UCMJ, Article 121: Wrongfully appropriate a wallet, value of about $1300.00, the property of RM3.
         Award: Forfeiture of $463 per month for 2 months, correctional custody for 30 days. No indication of appeal in the record.
911018:  NJP for violation of UCMJ, Article 134: Drunk and disorderly on 0245, 14 October 1991, driving under the influence (BAC .16), violation of UCMJ Article 128 (2 specs): (1) Assault SA by striking him on the jaw with is fist on 0100, 18 October 1991, (2) Assault ENS by shoving her with his hands while trying to leave the office on 0900, 18 October 1991.
         Award: Forfeiture of $463.20 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
911104:  Applicant screened for alcohol dependence. Found not dependent. Level I counseling.

911105:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of Misconduct due to the Commission of a Serious Offense.
911112:          Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board.
911118:  Civil Conviction: [United States Federal Magistrate's Court] for violation of driving under the influence on 14 October 1991.
         Sentence: Fine $250 plus court costs, one year probation, and driver's license suspended for six months.
911215:  Counseling: Advised of deficiency (missing DC Delinquent muster at 1800 on 14 December 1991), notified of corrective actions and assistance available.

 911218:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed a serious offense, that the misconduct warranted separation, and recommended discharge under Honorable conditions (General).

920207:  Commanding officer recommended discharge under Honorable conditions (General) by reason of Misconduct due to the Commission of a Serious Offense.

920227:  BUPERS directed the applicant's discharge under honorable conditions (General) by reason of Misconduct due to the Commission of a Serious Offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920302 under Honorable conditions (General) for Misconduct due to Commission of a Serious Offense (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).

In the applicant’s issues 1 and 2, the Board found these issues to be without merit. To be eligible for GI Bill benefits, the applicant would have to serve three years on active duty and receive an Honorable discharge. The applicant did not complete three years active duty and the funds deposited by the applicant are non-refundable. Additionally, the NDRB is under no obligation to upgrade an individual’s discharge to give him/her the opportunity to attend school. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until
04 Mar 93, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

 B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 121: Wrongful appropriation of a wallet of $1300 value, Article 128: Assault on a commissioned officer, Article 134: Drunk and disorderly, if adjudged at a Special or General Court-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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon Street SE RM 309
                  Washington, D.C. 20374-5023     

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