Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00284
Original file (ND99-00284.rtf) Auto-classification: Denied


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

ex-RMSR, USN
Docket No. ND99-00284

Applicant’s Request
The application for discharge review, received 981218, 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 000110. 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 3630600.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I am requesting an upgrade in my discharge from General under honorable conditions to an Honorable discharge. In the past couple of years I have made a strong effort to better my life and will definitely continue do so. I realize that an upgrade in my discharge can make a significant difference in both my upcoming education and most of all my career opportunities. I am a very changed man with many ambitions and goals which I have set for my self with every intention of success. I have grown up and matured a tremendous amount and would very much like to leave my childhood mistakes in my past, allowing me to establish a strong foundation on which to build my future. I plan to attend college of arts in the beginning of the year and to continue being the best person that I know how to be

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character Reference Letters (2)
Letter of Recommendation
Employment Reference Letter
Copy of DD Form 214.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     940128 - 940221  COG

 Period of Service Under Review :
Date of Enlistment: 940222               Date of Discharge: 970912

 Length of Service (years, months, days):

         Active: 03 06 21
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 58

 Highest Rate: RMSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: NOB             OTA: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

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

GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630605.

 Chronological Listing of Significant Service Events :

941116:  NJP for violation of UCMJ, Article 92: Failure to obey a regulation, violation of UCMJ Article 134: False or unauthorized pass offenses.
         Award: Forfeiture of $416 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.

950201:  Special Court-Martial for violation of UCMJ, Article 107: Made a false statement "rape and", violation of UCMJ Article 134: Commit a indecent assault by refusing to remove his penis from her vagina when requested to do so and continuing to have sexual intercourse.
         Sentenced to CHL for 4 months, forfeiture of $500 per month for 4 months, reduction to E-1.
         CA (950221) Approved and ordered executed

970210:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by your Special Court-Martial on 950201 and CO's NJP on 941116 as documented in your service record.{APPLICANT DID NOT SIGN}
000000:          Applicant advised of his rights {APPLICANT DID NOT SIGN OR DATE}.
970508:  Commanding officer recommended discharge general under honorable conditions by reason of misconduct due to the commission of a serious offense.

970828:  BUPERS directed the applicant's discharge general under than honorable conditions 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 970912 general under honorable conditions for misconduct due to commission of a serious offense (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 issue, the Board found the applicant’s youth and immaturity are not sufficient factors to exculpate him from the consequences of his misconduct.

Further, there is no law or regulation that 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.

The Board found nothing in the records, nor did the applicant provide anything to indicate or to show what there were errors of fact or law associated with his discharge at the time of its issuance.

Accordingly, relief is denied.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 971212, Article 3630605, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

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 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     


Similar Decisions

  • NAVY | DRB | 2000_Navy | ND00-00280

    Original file (ND00-00280.rtf) Auto-classification: Denied

    ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 980304 under other than honorable conditions for misconduct due to commission of a serious offense (A and B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the...

  • NAVY | DRB | 2000_Navy | ND00-00278

    Original file (ND00-00278.rtf) Auto-classification: Denied

    No indication of appeal in the record.961217: Retention Warning: Advised of deficiency (Derelict in the performance of those duties in that he willfully failed to perform his assigned duties as a V-4 Fuels watch, as it was his duty to do. 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).The applicant introduced no decisional issues for consideration by the Board. ...

  • NAVY | DRB | 2000_Navy | ND00-00630

    Original file (ND00-00630.rtf) Auto-classification: Denied

    ND00-00630 Applicant’s Request The application for discharge review, received 000420, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 response to the applicant’s issue, the Board found absolutely no connection between the applicant’s medical...

  • NAVY | DRB | 1999_Navy | ND99-01005

    Original file (ND99-01005.rtf) Auto-classification: Denied

    Charge I: violation of the UCMJ, Article 116. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 980828 under Other Than Honorable conditions for misconduct due to Commission of a serious offense (A and 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 (D and E).In the applicant’s issue 1, the Board determined this...

  • NAVY | DRB | 1999_Navy | ND99-01002

    Original file (ND99-01002.rtf) Auto-classification: Denied

    ND99-01002 Applicant’s Request The application for discharge review, received 990721, requested that the characterization of service on the discharge be changed to honorable. I show high standards for lift right now and plan to have a very prosperous life for my family. Therefore, I direct that HN (applicant)be separated from the naval service with a general discharge (under honorable conditions).

  • NAVY | DRB | 2000_Navy | ND00-00137

    Original file (ND00-00137.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-AN, USN Docket No. The applicant must be aware that 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 the civilian life subsequent to leaving the service. 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...

  • NAVY | DRB | 1999_Navy | ND99-00172

    Original file (ND99-00172.rtf) Auto-classification: Denied

    My family is also going through counseling as well and it has proved to help them tremendously. I recommend that MSSN (applicant) be separated with an Other Than Honorable discharge.970922: Commander, Naval Base, Norfolk directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. Changes in the applicant’s life since his discharge do not change the facts leading up to and the reason for his discharge.

  • NAVY | DRB | 2002_Navy | ND02-00446

    Original file (ND02-00446.rtf) Auto-classification: Denied

    ND02-00446 Applicant’s Request The application for discharge review, received 020226, requested that the characterization of service on the discharge be changed to honorable. I would like for the review board to consider upgrading my general discharge to honorable, so that I may receive my G.I. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant...

  • NAVY | DRB | 2000_Navy | ND00-00800

    Original file (ND00-00800.rtf) Auto-classification: Denied

    Every since my discharge. 970606: Applicant refused treatment for alcohol/substance abuse behavior.970613: Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a serious offense and misconduct due to Drug abuse.970613: Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights except the right to obtain copies of the...

  • NAVY | DRB | 2001_Navy | ND01-00508

    Original file (ND01-00508.rtf) Auto-classification: Denied

    ND01-00508 Applicant’s Request The application for discharge review, received 010313, requested that the characterization of service on the discharge be changed to general/under honorable conditions. I tried for an appeal and did not get past the Command Master Chief. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls10.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...