Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-01171
Original file (ND99-01171.rtf) Auto-classification: Denied


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

ex-HR, USN
Docket No. ND99-01171

Applicant’s Request
The application for discharge review, received 990903, 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 000522 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 3630600.

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.

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                        None
         Inactive: USNR (DEP)     921014 - 921122  COG

 Period of Service Under Review :
Date of Enlistment: 921123               Date of Discharge: 940922

 Length of Service (years, months, days):

         Active: 01 10 00
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 72

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.26 (3)    Behavior: 3.40 (3)                OTA: 3.26

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

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 3630600.

 Chronological Listing of Significant Service Events :

931026:  Retention Warning: Advised of deficiency (Habitual tardiness; failure to pay just debts - REMCO Furniture, Waukegan, IL - Total $481.46), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
940414:  NJP for violation of UCMJ, Article 86: UA from appointed place of duty.
         Award: Restriction for 30 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.

940616:  Reduction in rate to E-2 suspended at CO's NJP on 940414 vacated.

940616:  NJP for violation of UCMJ, Article 86: (2 Specifications), UA, violation of UCMJ Article 92: (4 Specs), Failure to obey lawful order/regulation, violation of UCMJ Article 134: Drunkeness.
         Award: Reduction to E-1. No indication of appeal in the record.
940822:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

940823:          Applicant advised of his rights and having consulted 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.
940823:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

940826:  NJP for violation of UCMJ, Article 92: (2 Specifications),Failure to obey a lawful order.
         Award: Restriction and extra duty for 14 days. No indication of appeal in the record.

940913:  BUPERS directed the applicant's discharge under other than 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 940922 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).

The applicant introduced no decisional issues for consideration by the Board.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective
22 Jul 94 until 02 Oct 96, Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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     

Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-00925

    Original file (ND99-00925.rtf) Auto-classification: Denied

    The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600. Chronological Listing of Significant Service Events :940425: Drug and Alcohol Abuse Report: Alcohol abuse, 2Apr94, 1-3 times per month, ashore off duty, self-referral/disclosure. Commanding officer recommended separate not via VA hospital.940823: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due...

  • NAVY | DRB | 2001_Navy | ND01-00931

    Original file (ND01-00931.rtf) Auto-classification: Denied

    ND01-00931 Applicant’s Request The application for discharge review, received 010712, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an upgrade to his...

  • NAVY | DRB | 2000_Navy | ND00-00751

    Original file (ND00-00751.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-OSSA, USN Docket No. nd period of service from under other than honorable condition to honorable. 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 applicant’s issue 1, the applicant should have received a copy of a DD Form 214 from his former command...

  • NAVY | DRB | 2001_Navy | ND01-00145

    Original file (ND01-00145.rtf) Auto-classification: Denied

    921215: Assistant Secretary of the Navy (M&RA) approved discharge other than honorable conditions. 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).The applicant introduced no decisional issues for consideration by the Board. PART IV - INFORMATION FOR THE APPLICANT If you believe that the decision in your case is unclear, not responsive to the issues you raised,...

  • NAVY | DRB | 2003_Navy | ND03-00190

    Original file (ND03-00190.rtf) Auto-classification: Denied

    No indication of appeal in the record.901221: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by your nonjudicial punishment for violation of UCMJ, Article 89 (disrespect to a superior commissioned officer), UCMJ Article 90 (disobeyed order from superior commissioned officer and offer violence towards a superior commissioned officer, and UCMJ Article 128...

  • NAVY | DRB | 2003_Navy | ND03-00861

    Original file (ND03-00861.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 900516: Special Court Martial Charge I: violation of the UCMJ, Article 89: Disrespect to superior Commissioned Officer on 900303. 910115: Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and drug abuse.

  • NAVY | DRB | 2000_Navy | ND00-00964

    Original file (ND00-00964.rtf) Auto-classification: Denied

    ND00-00964 Applicant’s Request The application for discharge review, received 000823, requested that the characterization of service on the discharge be changed to honorable. 931202: Applicant arrested by civilian authorities and charged with a felony of willfully using force and violence against a police officer.931206: Civil conviction Municipal Court for the Alameda Judicial District At this time, the applicant has not provided sufficient documentation of good character and conduct.

  • NAVY | DRB | 2002_Navy | ND02-00746

    Original file (ND02-00746.rtf) Auto-classification: Denied

    In the acknowledgement letter to the Applicant, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. 940317: Special Court Martial Charge I: violation of the UCMJ, Article 86: Specification: Unauthorized absence from 0700, 930907 until 2228, 940209 (155 days/surrendered). At this time the Applicant has not provided sufficient documentation of good character and conduct to mitigate his...

  • NAVY | DRB | 2000_Navy | ND00-00582

    Original file (ND00-00582.rtf) Auto-classification: Denied

    ND00-00582 Applicant’s Request The application for discharge review, received 000410, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. 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).The applicant’s representative submitted the following as issue 1: (Equity Issue) As evidenced by his...

  • NAVY | DRB | 2000_Navy | ND00-00907

    Original file (ND00-00907.rtf) Auto-classification: Denied

    950131: Vacated suspended forfeiture awarded at CO's NJP dated 22Sep94 due to continued misconduct.950131: NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence 24Oct94 to 27Oct94 (3 days), (2) Unauthorized absence 29Nov94 to 6Dec94 (7 days), violation of UCMJ Article 87: Miss ship's movement on 24Oc94. On 27 Oct 94 FR (applicant) was contacted by a USS ANZIO commissioned officer and instructed to report immediately to DESRON 2 IOT arrange another flight. At this time,...