Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00688
Original file (ND99-00688.rtf) Auto-classification: Denied


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



ex-SN, USNR
Docket No. ND99-00688

Applicant’s Request
The application for discharge review, received 990422, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance before the board in the Washington National Capital Region. The applicant did not list any representative on the DD Form 293.

Decision

A personal appearance hearing discharge review was conducted in Washington, D.C. on 000410. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern inequity in the characterization of the applicant’s service. The Board’s vote was three to two that the character of the discharge shall change. The discharge shall change to: GENERAL(UNDER HONORABLE CONDITIONS)/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.







PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues
None listed at this time

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Referred to documents from previous review
 Copy of DD Form 214
Letter of Congratulation from Prudential dated March 17, 2000
 College transcript
 Letter from employer, The Prudential dated March 4, 1996
 Copy of citation for Business Insurance dated July 1, 1993
 Copy of Certificate of Qualification dated February 21, 1996 from Commonwealth of Pennsylvania
 Copy of sister's degree in Bachelor of Arts dated May 11, 1996
 Thank you note to applicant
 Letter from Pension Marketing Specialist dated September 7, 1994
 Copy of card for certificate of registration dated December 29, 1994
 Copy of card for Advanced Scuba Diver dated July 1994
 Copy of card for private pilot dated October 20, 1997
 Copy of death certificate for applicant's mother filed June 17, 1991
 Copy of death certificate for applicant's father filed September 5, 1991
Twenty-seven pages from applicant's service record, previously available to the Board
Copy of certificate for designation of Chartered Mutual Fund Counselor dated October 1999

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: 860726               Date of Discharge: 900320

 Length of Service (years, months, days):

          Active: 03 07 20
          Inactive: 00 00 05

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 85

 Highest Rate: SN
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.33 (3)    Behavior: 3.33 (3)                OTA : 3.33

 Military Decorations: None
Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 108
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 :

860801:  Applicant ordered to active duty for 36 months under the Active Mariner Program.
871207:  Applicant to unauthorized absence 0715, 7Dec87.

 871211:  Applicant from unauthorized absence 1630, 11Dec87 (4 days/surrendered).
880107:  Applicant to unauthorized absence 0715, 7Jan88.

 880206:  Applicant from unauthorized absence 0330, 6Feb88 (29 days/surrendered).
880209:  NJP for violation of UCMJ, Article 86: Absence from unit.
         Award: Forfeiture of $376 per month for 2 months, restriction and extra duty for 30 days, reduction to SA. Restriction and extra duty suspended for 6 months. No indication of appeal in the record.
890421:  NJP for violation of UCMJ, Article 134: Unauthorized pass on 17Feb89.
         Award: Restriction and extra duty for 14 days. No indication of appeal in the record.
890706:  Applicant declared a deserter.

890715:  Applicant missed ship's movement.

 891115:  Special Court-Martial.
         Charge I: violation of the UCMJ, Article 86:
         Specification: Unauthorized absence from 0805, 4Jun89 to 1830, 18Aug89 (75 days/surrendered).
         Findings: to Charge I and specification thereunder, guilty.
         Sentence: Fine of $200.00 for 6 months, confinement for 60 days.
         CA 891215: Sentence approved and ordered executed.
        
900103:  Applicant released from confinement.

900105:  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 of 15 November 1989.
900108:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
900131:  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 other than honorable conditions, recommended separation be suspended for 1 year.

900213:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. Commanding officer’s comments: This command concurs with the findings and recommendations of the Board, except that the discharge should not be suspended. It is the opinion of this command that (applicant) is no longer considered suitable for continued naval service. Due to his violations of the Uniform Code of Military Justice. I recommend that he be discharged from the naval service under Other than Honorable Conditions.

900301:  Assistant Secretary of the Navy (Manpower and Reserve Affairs) approved discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

900309:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

 981221:  NDRB documentary record review Docket Number ND98-00449 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900320 under other than honorable conditions 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 even though the discharge was proper and equitable at the time of issuance, it is not currently considered equitable (D and E).

 The applicant introduced no decisional issues for consideration by the Board.
The Board, after reviewing the applicant’s post-service conduct, grants clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3. The Board determined that while the applicant’s post-service record warrants an upgrade to general, the applicant’s overall record of service does not warrant an honorable discharge.

 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. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 86, for unauthorized absence for a period in excess of 30 days, 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     


Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-00435

    Original file (ND99-00435.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600. Based on the strength of his desire not to remain in the Navy and the strong potential for future problems with this individual, it is this commanding officer's recommendation that SR (applicant) be separated from the Navy by reason of misconduct due to the commission of a serious offense and that the characterization of the discharge be...

  • NAVY | DRB | 2003_Navy | ND03-00451

    Original file (ND03-00451.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Decision A documentary discharge review was conducted in Washington, D.C. on 20031229. You should read Enclosure (5) of the Directive before submitting such a complaint.

  • NAVY | DRB | 2001_Navy | ND01-00012

    Original file (ND01-00012.rtf) Auto-classification: Denied

    870427: Vacate suspended forfeiture and reduction awarded at CO's NJP of 4Feb87 due to continued misconduct.870427: NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 7Apr87 to 0730, 11Apr87 (4 days/surrendered). No indication of appeal in the record.870621: NJP for violation of UCMJ, Article 86 (3 specs):Specification 1: Unauthorized absence from appointed place of duty on 2100, 1Jun87. Charge I: violation of the UCMJ, Article 86 (4 specs): Specification 1:...

  • NAVY | DRB | 2001_Navy | ND01-00703

    Original file (ND01-00703.rtf) Auto-classification: Denied

    ND01-00703 Applicant’s Request The application for discharge review, received 010424, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. Award: Forfeiture of $200 per month for 2 months, correctional custody for 30 days, reduction to SR. No indication of appeal in the record.920522: NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty. You may view DoD Directive 1332.28 and other...

  • NAVY | DRB | 2001_Navy | ND01-00211

    Original file (ND01-00211.rtf) Auto-classification: Denied

    851112: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of homosexuality as evidenced by members admission that he is bisexual and misconduct due to the commission of a serious offense.851114: Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and to submit a...

  • NAVY | DRB | 2000_Navy | ND00-00094

    Original file (ND00-00094.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS but the reason should be corrected to say PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).The NDRB noted an administrative error on the original DD Form 214. Applicant declared a deserter 98MAR13, having been an unauthorized absentee since 1130 98FEB10, from USS THEODORE ROOSEVELT (CVN 71).980616: Surrendered at Personnel Support Activity, MacDill AFB, Tampa, FL. The names, and votes of...

  • NAVY | DRB | 1999_Navy | ND99-00500

    Original file (ND99-00500.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 991213. Specifically, the Former Service Member (FSM) is seeking an upgrade inhis discharge from Other Than Honorable (OTH) to Honorable or General, Under Honorable Conditions.The FSM contends his discharge was not due to his conduct. Relief not warranted.The applicant’s third issue, stated by the DAV, contends the applicant was discharged due to a miscommunication between himself and other personnel rather than...

  • NAVY | DRB | 1999_Navy | ND99-00487

    Original file (ND99-00487.rtf) Auto-classification: Denied

    No indication of appeal in the record.920708: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.920709: Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.920723: Applicant waived his right to an Administrative Discharge Board and representation at the board and to make a...

  • NAVY | DRB | 2001_Navy | ND01-00070

    Original file (ND01-00070.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :841211: Applicant ordered to active duty for 36 months under the Active Mariner Program.850905: Special Court Martial Charge I: violation of the UCMJ, Article 86 (2 specifications): Specification 1: Unauthorized absence 0730, 1Jul85 to 1929, 6Jul85 (5 days/surrendered). PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged in absentia on 870717 under other than honorable conditions for...

  • NAVY | DRB | 1999_Navy | ND99-00975

    Original file (ND99-00975.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600. I wish to request that the Navy review board examine my records and come to a decision to upgrade my discharge to Honorable. Chronological Listing of Significant Service Events :800109: Applicant ordered to active duty for 36 months under the Active Marine Program.800214: Applicant to unauthorized absence 0445, 14Feb80.