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NAVY | DRB | 1999_Navy | ND99-01005
Original file (ND99-01005.rtf) Auto-classification: Denied
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DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT

ex-ABFAN, USN
Docket No. ND99-01005

Applicant’s Request
The application for discharge review, received 990723, 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 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: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. This discharge was improper because I was an outstanding crewmember and performed my duties to the best of my abilities. I was discharged 2 1/2 months before the end of my 4 year enlistment based on an incident I had outside of my military duties. Respectfully,

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Thirty-three pages from applicant's medical record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     941110 - 941116  COG

 Period of Service Under Review :
Date of Enlistment: 941117               Date of Discharge: 980828

 Length of Service (years, months, days):

         Active: 03 09 12
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 11                        AFQT: 78

 Highest Rate: ABF3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 1.00 (1)                OTA: 2.67

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM, AFEM, SSDR (2), MUC

 Days of Unauthorized Absence: 5

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 :

960111:  NJP for violation of UCMJ, Article 134: Wrongfully and falsely alter an AFID card on 15Nov95 by changing the date of birth to 12MAR73 vice 12MAR75.
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 15 days. No indication of appeal in the record.
960215:         Retention Warning: Advised of deficiency (Wrongfully and falsely alter an AFID.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
960517:  NJP for violation of UCMJ, Article 134: Drunk and disorderly on 6MAR96.
         Award: Forfeiture of $490 per month for 1 month, restriction and extra duty for 30 days. No indication of appeal in the record.
970614:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Going from appointed place of duty on 0700, 4MAY97, to wit: V-4 Office, (2) Unauthorized absence from 0830, 4MAY97 until 0700, 6MAY97 (1 day/surrendered).
         Award: Forfeiture of $505 per month for 2 months, restriction and extra duty for 30 days, reduction to ABFAA. Forfeiture and reduction suspended for 6 months. No indication of appeal in the record.

970614:  Retention Warning: Advised of deficiency (Unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
980424:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 116.
         Specification: Breach of peace on 26FEB98.
         Charge II: violation of the UCMJ, Article 117:
Specification: Wrongfully use provoking words on 16FEB98.
         Finding: to Charge I and II and the specification thereunder, guilty.
         Sentence: Forfeiture of $788.00, reduced to ABAN.
         CA action 980501: Sentence approved and ordered executed.

980714:  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 Pattern of misconduct.
980714:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights.
980729:  Applicant to unauthorized absence 0700, 29JUL98.

 980802:  Applicant from unauthorized absence 0800, 2AUG98 (4 days/surrendered).
980828:  Commander, Cruiser-Destroyer Group ONE directed the applicant's discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a serious offense. Check the date.

980901:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a serious offense and Pattern of misconduct.

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). 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 discharge was proper and equitable (D and E).

In the applicant’s issue 1, the Board determined this issue is without merit. The applicant claims he was an outstanding crewmember and performed his duties to best of his abilities and that the incident was outside of his military duties. According to his service record, the applicant was an average performer at best. Regardless of his on the job performance, he violated the UCMJ by falsifying an AFID card. This is a serious offense, punishable by court-martial. The discharge was proper and equitable. Relief denied.

 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. In Appendix 12 of the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 134, for unauthorized pass offense; altering an AFID card, 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     


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