Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-01046
Original file (ND99-01046.rtf) Auto-classification: Denied


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

ex-DCFN, USN
Docket No. ND99-01046

Applicant’s Request
The application for discharge review, received 990728, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance hearing before a traveling panel closest to Orlando, FL. The applicant did not list any representative on the DD Form 293. 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.


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 - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600. Discharged in absentia,

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I have been out of the Navy for 9 year and would like to have my discharge change from an other than Honorable to a General Discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (Member 1)
Four pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     870324 - 870713  COG

 Period of Service Under Review :
Date of Enlistment: 870714               Date of Discharge: 900810

 Length of Service (years, months, days):

         Active: 03 00 27
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 26

 Highest Rate: DC3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (1)    Behavior: 3.60 (1)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 97

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600. Discharged in absentia.

 Chronological Listing of Significant Service Events :

890417:  Applicant to unauthorized absence 0630, 17Apr89.

 890419:  Applicant from unauthorized absence 0630, 19Apr89 (2 days/surrendered),
891104:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Absent from appointed place of duty on 13Aug89, (2) Unauthorized absence from 0730, 21Oct89 to 0630, 23Oct89 (1 days/surrendered).
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 14 days. Forfeiture suspended for 4 months. No indication of appeal in the record.
891104:  Retention Warning from USS JOHN F. KENNEDY (CV 67): Advised of deficiency (Unauthorized absence from 21Oct89 until 23Oct89, absent from appointed place of duty on 13Aug89.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

891207:  NJP for violation of UCMJ, Article 86 (3 specs): (1) Unauthorized absence from 0630, 13Sep89 to 0630, 15Sep89 (2 days/surrendered), (2) Absent from appointed place of duty on 6Nov89, (3) Unauthorized absence from 0630, 27Nov89 to 0630, 30Nov89 (3 days/surrendered).
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 20 days. No indication of appeal in the record.
900208:  NJP for violation of UCMJ, Article 86 (2 specs): Unauthorized absence 0730-1030, 21Jan90, (2) Unauthorized absence on 10, 17, 23, 24 Dec89 from restricted men's muster.
         Award: Restriction and extra duty for 30 days, reduction to DCFN. Reduction suspended for 3 months. No indication of appeal in the record.
900504:  NJP for violation of UCMJ, Article 86 (4 specs): (1) Unauthorized absence 0630, 16Apr90 to 1330, 17Apr90 (1 day/surrendered), (2) Unauthorized absence 1500, 5Apr90 to 0630, 6Apr90, (3) Unauthorized absence 0630, 3Apr90 to 0630, 4Apr90 (1 day), (4) Unauthorized absence 0630, 21Mar90 to 0900, 22Mar90 (1 day/surrendered).
         Award: Confinement of bread and water for 3 days. No indication of appeal in the record.
900511:  USS JOHN F. KENNEDY (CV 67) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ in your current enlistment.
900511:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
900516:  Applicant to unauthorized absence 0603, 16May90.

 900606:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

900611:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. Discharged in absentia (900810).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900810 under other than honorable conditions for misconduct due to a pattern of misconduct (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 response to the applicant’s issue 1, there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of 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 A PATTERN OF MISCONDUCT.

B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article [e.g., 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 St SE Rm 309
                  Washington, D.C. 20374-5023     


Similar Decisions

  • NAVY | DRB | 2000_Navy | ND00-00392

    Original file (ND00-00392.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION 880525: Applicant to unauthorized absence 0600, 25May88.880527: CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.880621: CNMPC authorized discharge of applicant without return to military control. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 880628 under other than honorable conditions for misconduct...

  • NAVY | DRB | 1999_Navy | ND99-00127

    Original file (ND99-00127.rtf) Auto-classification: Denied

    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. No indication of appeal in the record.830721: NJP for violation of UCMJ, Article 92 (2 specs): Disobeying a lawful order on 30Jun83 and 1Jul83 Award: Restriction and extra duty for 15 days, reduction to ENFA. 850525: Applicant to unauthorized absence, 1430, 85May25.850529: Applicant from unauthorized absence 2230, 86May29...

  • NAVY | DRB | 1999_Navy | ND99-01087

    Original file (ND99-01087.rtf) Auto-classification: Denied

    Charge I: violation of the UCMJ, Article 86: Specification: Unauthorized absence from 9Jul90 to 14AUG90 (36 days). 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 successfully completed the first 4 years of his enlistment and because he was not transferred to a...

  • NAVY | DRB | 2000_Navy | ND00-00734

    Original file (ND00-00734.rtf) Auto-classification: Denied

    920711: BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. 920811: BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. I have sought counseling and am now in control of my problem.” The NDRB found, contrary to the applicant’s issue, the applicant was afforded counseling for his abuses of alcohol, and...

  • NAVY | DRB | 1999_Navy | ND99-01205

    Original file (ND99-01205.rtf) Auto-classification: Denied

    (EQUITY ISSUE) As the documentary evidence of record supports, this former member further opines that his post-service conduct has been sufficiently creditable to warrant the Board's clemency relief as authorized under provisions of SECNAVINST 5420.174C., enclosure (1), paragraph 9.3. Therefore, it is recommended that AR (applicant) be separated from the naval service with an other than honorable discharge by reason of misconduct, in absentia.870722: Applicant declared a deserter. It is...

  • NAVY | DRB | 2005_Navy | ND0501556

    Original file (ND0501556.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 VA Form 21-4138 Statement in Support of Claim PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 19960321 –...

  • NAVY | DRB | 2003_Navy | ND03-00262

    Original file (ND03-00262.rtf) Auto-classification: Denied

    Also my division officer recommended retention instead of separation.”Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION." At this time, the applicant has not provided any documentation for the Board to consider. Therefore, no relief will be granted.The applicant is reminded that he is eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.

  • NAVY | DRB | 2001_Navy | ND01-00430

    Original file (ND01-00430.rtf) Auto-classification: Denied

    ND01-00430 Applicant’s Request The application for discharge review, received 010223, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant’s first issue states: “(Equity Issue) This former member avers that his alcohol dependence contributed to and sufficiently extenuated his misconduct of record to warrant upgrade of his characterization of service.” Based on the applicant’s...

  • 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 | 2003_Navy | ND03-00263

    Original file (ND03-00263.rtf) Auto-classification: Denied

    ND03-00263 Applicant’s Request The application for discharge review was received on 20021203. Issue of request for an upgrade in character of service”Additional issues submitted by Applicant’s counsel/representative (American Legion):“2. 010611: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by your punishments under the Uniform Code of Military Justice during your current...