Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00924
Original file (ND99-00924.rtf) Auto-classification: Denied


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

ex-MMFR, USN
Docket No. ND99-00924

Applicant’s Request
The application for discharge review, received 990629, 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 000417. 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: BAD CONDUCT/Convicted by special court martial, authority: NAVMILPERSMAN, Article 3640420.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. My discharge was inequitable because it was based on one isolated incident in 36 months of service with no other adverse action.

2. I believe my punishment of 4 months in the brig and 8 years of having a Bad Conduct discharge was a good lesson learned.

 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               871109 - 901117  HON
         Inactive: USNR (DEP)     870609 - 871108  COG

 Period of Service Under Review :
Date of Enlistment: 901118               Date of Discharge: 930112

 Length of Service (years, months, days):

         Active: 01 11 19
         Inactive: None

 Age at Entry: 23                          Years Contracted: 6

 Education Level: 12                        AFQT: 79

 Highest Rate: MM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.50 (2)    Behavior: 2.50 (2)                OTA: 2.40

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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

BAD CONDUCT/Convicted by special court martial, authority: NAVMILPERSMAN, Article 3640420.

 Chronological Listing of Significant Service Events :

901118:  Reenlisted onboard USS SAN FRANCISCO (SSN-711) for 6 years.

 910319:  DAAR indicates applicant's self referral for cocaine use, admitted to the wrongful use of cocaine on 910313.
        
910604:  Special Court Martial [trial date 910604]
         Charge I: violation of the UCMJ, Article 112a, (5) Specifications.
         Specification 1 and 2: Wrongful distribution of cocaine 901231 and 910202, Specification 3, 4, and 5: Wrongful distribution of cocaine on 901231, 910215, and on or about 9102.
         Findings: to Charge I and specifications 1 through 5 thereunder, guilty.
         Sentence: CHL for 5 months, forfeiture of $502.00 per month for 5 months, reduction to E-1, Bad Conduct discharge.
         CA 910806: Sentence approved and ordered executed, except for bad conduct discharge.
         SA: see SSPCMO.

911009:  Released from confinement and restored to full duty status. Process for appellate leave.

 910604:  NC&PB clemency not granted; restoration denied.

 920930:  NMCCMR: The findings of guilty and sentence, as approved on review, are affirmed.
930112:  SSPCMO: Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.            

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930112 with bad conduct due to convicted by special court martial (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 response to the applicant’s issues 1 and 2, relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts. With respect to a discharge adjudged by a court-martial case, the action of the NDRB is restricted to upgrades based on clemency. (B, Part IV)
The applicant's case was considered under the pertinent standards of equity to determine if any factors in this particular case merited clemency. The NDRB found the applicant’s service record devoid of any mitigating or extenuating factors sufficient to offset the seriousness of the offenses for which the discharge was awarded. The applicant is reminded that he remains eligible for a personal appearance hearing provided that an application is received within 15 years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)

 A . Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until 04 Mar 93, Article 3640420, DISCHARGE OF ENLISTED PERSONNEL ADJUDGED BY SENTENCE OF COURTMARTIAL.

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 | ND02-00818

    Original file (ND02-00818.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's DD Form 214 Certificate of Appreciation Certifcado Negativo De Antecedentes Penales PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 831201 - 840624 COG Active: None Period of Service Under Review :Date of Enlistment: 840625 Date of...

  • NAVY | DRB | 2001_Navy | ND01-00516

    Original file (ND01-00516.rtf) Auto-classification: Denied

    In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN 850826 - 900521 HON Inactive: USNR (DEP) 850813 -...

  • NAVY | DRB | 2001_Navy | ND01-00400

    Original file (ND01-00400.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Service Related Documents (23pgs) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN None Inactive: USNR (DEP) 921016 - 930105 COG Period of Service Under Review :Date of Enlistment: 930106 Date of Discharge: 970702 Length of Service (years,...

  • NAVY | DRB | 2000_Navy | ND00-01030

    Original file (ND00-01030.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 applicant’s service. 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 1, the Board PART IV - INFORMATION FOR THE APPLICANT If you believe that the decision in...

  • NAVY | DRB | 2002_Navy | ND02-01233

    Original file (ND02-01233.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION I was receiving treatment in the Wilmington, Delaware VA from Dec 2000 to Aug 2002. 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 720 Kennon Street SE Rm 309 Washington Navy Yard D.C. 20374-5023

  • NAVY | DRB | 2002_Navy | ND02-00328

    Original file (ND02-00328.rtf) Auto-classification: Denied

    (Equity Issue) Pursuant to 10 USC 874 (b) (UCMJ, Article 74) and in accordance with SECNAVINST 5420.174C, enclosure (1), paragraph 2.24 and 9.3, this former member requests the Board's clemency relief with up-grade of his characterization of service to under honorable conditions on the basis of his post-service conduct. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 900731 with a bad conduct characterization of service due to...

  • NAVY | DRB | 2003_Navy | ND03-00542

    Original file (ND03-00542.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19930225 with a bad conduct discharge which was the sentence adjudged by a properly convened special court-martial. The Manual for courts-martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court martial for violation of the UCMJ, Article 134, fraud. PART IV - INFORMATION FOR THE APPLICANT If you believe that...

  • NAVY | DRB | 1999_Navy | ND99-00476

    Original file (ND99-00476.rtf) Auto-classification: Denied

    My cocaine usage happened because of my addiction to alcohol. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 910205 with bad conduct due to convicted by special court martial (A). 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 Board found the applicant’s issues without basis with regard to the...

  • NAVY | DRB | 1999_Navy | ND99-01143

    Original file (ND99-01143.rtf) Auto-classification: Denied

    ND99-01143 Applicant’s Request The application for discharge review, received 990825, requested that the characterization of service on the discharge be changed to general/under honorable conditions. No indication of appeal in the record.860410: Drug and Alcohol Abuse Report: Cocaine abuse, 1 to 3 times per week, January 1986 to March 1986, ashore off duty. CA 870316: Sentence approved and except for that part of the sentence extending to a bad conduct discharge, will be executed, but the...

  • NAVY | DRB | 2004_Navy | ND04-00268

    Original file (ND04-00268.rtf) Auto-classification: Denied

    ND04-00268 Applicant’s Request The application for discharge review was received on 20031209. PART I - APPLICANT’S ISSUES AND DOCUMENTATION PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20000321 with a bad conduct discharge which was the sentence adjudged by a properly convened special court-martial.