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NAVY | DRB | 1999_Navy | ND99-01155
Original file (ND99-01155.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND99-01155

Applicant’s Request
The application for discharge review, received 990826, 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 000512. 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 HONORABLE CONDITIONS (GENERAL)/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. At the age of 19, I had not yet begun to understand the importance of being responsible or taking responsibility for my actions. At the age of 25, I have a much better respect and understanding of the importance of not only that, but of authority and the need for it, was well. I believe that many of the reasons I was discharged stemmed from my immaturity and irresponsibility at the time.

2. Since my discharge in 1993, I have become a well adjusted and productive member of my community. I have become an auxiliary police officer and a volunteer firefighter. I have also become involved in local politics by being elected as a member of the Nassau County Committee. I am currently obtaining my N.Y.State Certification as an emergency medical technician.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant (2pgs)
Copy of Certificate of Graduation for Auxiliary Police Basic Training Course
Copy of Certificate of Completion for Basic Course Part-Time Peace Officer
Copy of Certificate of Completion for Security Guard Training
Copy of Certificate of Completion for Primary Training in Fire Service
Copy of Certificate of Completion for Basic Training Program for Security Officers
Reference Letter from Nassau County Police Department
Letter of Support from Nassau Community College
Letter of Support from Principle Law Clerk of Supreme Court of the State of New York (2pgs)
Reference Letter from Nassau County Board of Elections
Copy of Nassau County Board of Election Certificate (2)
Reference Letter
Copy of Certificate of Completion for Customer Service Training
Copy of Outstanding Service Certificate
Copy of Employment Inquiry Letter
Notice of Rating from Nassau County Civil Service Commission
Copy of Certificate of Appreciation

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     920630 - 920726  COG
                  USNR (DEP)      910822 - 920514  ELS

 Period of Service Under Review :
Date of Enlistment: 920727               Date of Discharge: 930427

 Length of Service (years, months, days):

         Active: 00 08 11
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 71

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: 2.80 (1)                OTA: 2 .80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 20

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

921120:  NJP for violation of UCMJ, Article 86: (3 Specifications), Unauthorized absence from appointed place of duty 921115, 920715, and 920716, violation of UCMJ Article 92: Failure to obey a lawful order/regulation by wrongfully failing to change from his white socks while in uniform.
         Award: Restriction and extra duty for 14 days. No indication of appeal in the record.

921120:  Retention Warning: Advised of deficiency (Violation of UCMJ, Article 86, Unauthorized absence, (3 Specs), Article 92 (2 Specs) failure to obey a lawful order), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
921217:  NJP for violation of UCMJ, Article 80: Attempt to have his hand stamped in order to consume alcoholic beverages, violation of UCMJ Article 86: Unauthorized absence, violation of UCMJ Article 107: False official statement that his birth date was 700103; violation of UCMJ, Article 108: Loss of government property his military I.D.Card.
         Award: Forfeiture of $183.00 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.

921217:  Report of Declaration of Desertion (NAVPERS-1600-3). Applicant declared a deserter on 921217 having been an unauthorized absentee since 1625, 921217 from NATTC MILLINGTON, TN.

930106:  Report of Return of Deserter. Applicant surrendered to military authority on 0800, 930106. Returned to Military Control at 0800, 930106 at NATTC MILLINGTON, TN. Retained on board for disciplinary action.

930113:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 921217 to 930106 (20days/S), violation of UCMJ Article 92: (2 Specifications), Spec 1: Failure to obey a lawful order/regulation on 921217 by wrongfully failing to prepare for seabag inspection, Spec 2: Failure to report to the restricted barracks.
         Award: Correctional Custody for 30 days. No indication of appeal in the record.

930311:  NJP for violation of UCMJ, Article 86: (2 Specifications), Unauthorized absence from appointed place of duty on 930305 and 930309, violation of UCMJ Article 134: Unlawful entry on 930215 into the restricted barracks office.
         Award: Restriction and extra duty for 45 days. No indication of appeal in the record.
930311:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern misconduct and misconduct due to the Commission of a serious offense.
930311:          Applicant advised of his rights and having elected to consult 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.
930322:  Commanding officer recommended discharge General under Honorable conditions by reason of misconduct due to a Pattern of misconduct and misconduct due to the Commission of a serious offense.

930415:  BUPERS directed the applicant's discharge General under Honorable conditions by reason of misconduct due to the Commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930427 under Honorable conditions (General) 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).

In the applicant’s issue 1, the Board determined this issue is without merit. The applicant states his immaturity and irresponsibility, at the time, were the cause of his misconduct. Youth and immaturity did not prevent the applicant from entering into the military and are no excuse for his repeated misconduct. He was issued a retention warning for his first misconduct, advising him of the consequences of further misconduct. The applicant ignored the warning by repeating his misconduct. Relief denied.

In the applicant’s issue 2, the Board determined this issue is without merit. The applicant claims he has become a well adjusted and productive member of his community. The Board determined although the applicant has made significant strides in rehabilitating his behavior, there is not enough in his record to justify an upgrade to his discharge to Honorable. The applicant is encouraged to continue to establish himself as creditable member of society and document all of his accomplishment. He remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective
05 Mar 93 until 21 Jul 94, 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 107, False official statement, 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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