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NAVY | DRB | 1999_Navy | ND99-00719
Original file (ND99-00719.rtf) Auto-classification: Denied


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

ex-DC3, USN
Docket No. ND99-00719

Applicant’s Request
The application for discharge review, received 990503, requested that the characterization of service on the discharge be changed to 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 000207. 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, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I feel I was unjustly treated by my commanding officer by making the decision to separate me under other than honorable conditions. I feel his personal feelings toward me has clouded his otherwise fair judgement even though I had a witness showing my innocence he felt he had to punish me in a way not consistent with my performances. The enclosed documents show how much I accomplished in my time in the navy, if not for the executive and commanding officers opinion of myself I would still be excelling in my naval career.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copy of Certificate of Completion of Apprenticeship
Copy of Enlisted Surface Warfare Specialist Certificate
Copy of Good Conduct Award
Copies of Certificate of Completion for Damage Controlman "A" School (2)
Copy of Certificate of Completion for Safety Programs Afloat
Copy of Certificate of Completion for Shipboard Sewage Collection, Holding and Transfer (CHT) Systems
Copy of Certificate of Completion for P-100 Operation, Maintenance, and Class"B" Overhaul
Copy of Certificate of Completion for Gas Free Engineer
Copy of Certificate of Completion for Advanced Shipboard Firefighting
Copy of Personnel Qualification Standards Completed (4pgs)
Copy of Occupational/Training and Award History (4pgs)
Copy of NEC Recommendation

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        920526 - 950413  HON
         Inactive: USNR (DEP)     920228 - 920525  COG

 Period of Service Under Review :
Date of Enlistment: 950414               Date of Discharge: 980318

 Length of Service (years, months, days):

         Active: 02 11 04
         Inactive: None

 Age at Entry: 19                          Years Contracted: 6

Education Level: 12                        AFQT: 84

 Highest Rate: DC3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 2.00 (1)                OTA: 3 .14

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR(2 ND ), BATTLE"E"RIBBON, CGSO, Pistol Expert, GCM, AFSM

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

950414:  Reenlisted at FTC DET TI SFRAN CA for 6 years.

 960311:  NJP for violation of UCMJ, Article 121: Wrongful appropriation
         Award: Frocking of E-5 vacated, forfeiture of $500 per month for 1 month, reduction to E-3 (suspended for 3 months), written letter of reprimand . No indication of appeal in the record.

97 0509:         NJP, not found in service record, but mentioned in notification {Extracted from case file}.

980217:  NJP for violation of UCMJ, Article 80: Attempt.
         Award: Restriction and extra duty for 45 days, reduction to E-4. No indication of appeal in the record.
980303:  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 a pattern of misconduct as evidenced by Commanding Officer's NJP's on 960311, 970509, and 980219 {Extracted from case file}.
980303:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights {Extracted from case file}.
980306:  COMLOGGRU authorized discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense {Extracted from case file}.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980318 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).

Regarding the applicant’s issue, the Board found nothing in the records, nor did the applicant provide anything to indicate or to show that there exists an error of fact, law, procedure, or discretion, associated with his discharge at the time of issuance, and that his rights were prejudiced thereby. Relief is therefore denied.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. 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. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)
 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until Present, Article 1910-142 [formerly 3630605]. SEPARATION 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     


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