Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00655
Original file (ND99-00655.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND99-00655

Applicant’s Request
The application for discharge review, received 990414, 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 000121. 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 OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

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: USN                        None
         Inactive: USNR (DEP)     890804 - 890823  COG

 Period of Service Under Review :
Date of Enlistment: 890824               Date of Discharge: 900711

 Length of Service (years, months, days):

         Active: 00 10 14
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 28

 Highest Rate: FR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA : NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

900105:  NJP for violation of UCMJ, Article 92: failed to obey a lawful general order by possessing an alcoholic beverage in BEQ 232, violation of UCMJ Article 134: consume alcoholic beverages in violation of Illinois revised statutes, under the age of 21.
         Award: Forfeiture of $150 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.

900105:  Retention Warning: Advised of deficiency (Poor military performance, by wrongfully possessing an alcoholic beverage in BEQ 232), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900409:  Summary Court Martial for violation of UCMJ, Article 121: theft of two wedding bangs and an engagement ring, a value of $700, property of another person.
         Award: Forfeiture of $482 per month for 1 month, confinement for thirty days, reduction to E-X. No indication of appeal in the record.
900427:  Applicant offered and refused VA alcohol and drug dependency treatment.

900427:  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 homosexuality.
900427:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
900504:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

900703:  BUPERS directed the applicant's discharge under other 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 900711 under other than 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).

The applicant introduced no decisional issues for consideration by the Board.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 8, effective
21 Aug 89 until 14 Aug 91, Article 3630600, 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 | 2002_Navy | ND02-00508

    Original file (ND02-00508.rtf) Auto-classification: Denied

    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 former service member’s service. The Board’s vote was 4 to 1 that the character of the discharge shall not change. The former service member was discharged on 910410 under other than honorable conditions for misconduct due to commission of a serious offense (A).

  • NAVY | DRB | 2003_Navy | ND03-00028

    Original file (ND03-00028.rtf) Auto-classification: Denied

    The Applicant requested a documentary record discharge review. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's DD Form 214. 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).The Applicant introduced no decisional issues for consideration by the Board.

  • NAVY | DRB | 2000_Navy | ND00-00163

    Original file (ND00-00163.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 880328 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).The applicant introduced no decisional issues for consideration by the Board. PART IV - INFORMATION...

  • NAVY | DRB | 1999_Navy | ND99-00925

    Original file (ND99-00925.rtf) Auto-classification: Denied

    The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600. Chronological Listing of Significant Service Events :940425: Drug and Alcohol Abuse Report: Alcohol abuse, 2Apr94, 1-3 times per month, ashore off duty, self-referral/disclosure. Commanding officer recommended separate not via VA hospital.940823: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due...

  • NAVY | DRB | 2001_Navy | ND01-01112

    Original file (ND01-01112.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 020328. 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).Issue 1 states: “At the time of offenses committed I had been drinking and the offenses would not have been committed had I not been drinking.” The applicant was guilty at NJP on two separate occasions for violation of the UCMJ. ...

  • NAVY | DRB | 2000_Navy | ND00-00926

    Original file (ND00-00926.rtf) Auto-classification: Denied

    Applicant provided with Aftercare Treatment Plan.961112: Command DAPA: Request applicant be processed as a rehabilitation failure due to failure to comply with required aftercare plan.961127: Applicant notified of intended recommendation for discharge with general (under honorable conditions) by reason of alcohol abuse rehabilitation failure and misconduct due to commission of a serious offense as evidenced by all punishments under the UCMJ in your current enlistment.961127: Applicant...

  • NAVY | DRB | 2002_Navy | ND02-00226

    Original file (ND02-00226.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 020731. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 871014 under other than honorable conditions for misconduct due to commission of a serious offense (A). The applicant did not provide any post service documentation to warrant an upgrade to his discharge.

  • NAVY | DRB | 2001_Navy | ND01-00965

    Original file (ND01-00965.rtf) Auto-classification: Denied

    ND01-00965 Applicant’s Request The application for discharge review, received 010723, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. At this time I needed a treatment program for alcohol abuse. 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...

  • NAVY | DRB | 1999_Navy | ND99-00041

    Original file (ND99-00041.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letter from applicant's mother Letter from Department of Veterans Affairs to applicant dated September 14, 1998 Copy of DD Form 214. Military Decorations: None Unit/Campaign/Service Awards: None Days of Unauthorized Absence: 35 Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct –...

  • NAVY | DRB | 1999_Navy | ND99-00945

    Original file (ND99-00945.rtf) Auto-classification: Denied

    Age at Entry: 22 Years Contracted: 4 Education Level: 12 AFQT: 50 Highest Rate: FR Final Enlisted Performance Evaluation Averages (number of marks): Performance: NMA Behavior: NMA OTA: NMA Military Decorations: None Unit/Campaign/Service Awards: None Days of Unauthorized Absence: 52 Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600. No...