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NAVY | DRB | 1999_Navy | ND99-01195
Original file (ND99-01195.rtf) Auto-classification: Denied


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

ex-AD3, USN
Docket No. ND99-01195

Applicant’s Request
The application for discharge review, received 990909, 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 a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000616. 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630605.

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:
Copies of DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        870811 - 910729  HON
         Inactive: USNR (DEP)     861213 - 870810  COG

 Period of Service Under Review :
Date of Enlistment: 910730               Date of Discharge: 970502

 Length of Service (years, months, days):

         Active: 05 09 03
         Inactive: None

 Age at Entry: 23                          Years Contracted: 3

 Education Level: 12                        AFQT: 32

 Highest Rate: AD2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 2.00 (1)                OTA: 1 .86

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC, SSDR(2 ND ), SASMwb*, KLM, GCM(2 ND ), AFSM,

Days of Unauthorized Absence: None

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

GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, Commission of a serious offense, authority: NAVMILPERSMAN, Article 3630605.

 Chronological Listing of Significant Service Events :

970208:  Incident/Complaint Report: indicates applicant was arrested for drunken driving on base and fleeing the scene of a traffic accident with property damage, west parking lot of BEQ 7K, NAS [EXTRACTED FROM NIS REPORT].
970313:  NJP for violation of UCMJ, Article 111: Drunken or reckless driving.
         Award: Forfeiture of $692.00 per month for 2 months, restriction for 60 days, reduction to E-4. No indication of appeal in the record.
970317:  Applicant notified of intended recommendation for a General (under Honorable conditions) discharge by reason of misconduct due to Commission of a serious offense.
970317:          Applicant advised of his rights and having elected to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights.
970320:  Commanding officer recommended discharge to be General (under Honorable conditions), by reason of misconduct due to the Commission of a serious offense. Commanding officer’s comments (verbatim): Inability to comply with regulations, have characterized Aviation Machinist Mate Third Class C---’s career. His NJP shows a disregard for basic core values. Even with counseling and numerous opportunities to improve, Aviation Machinist’s Mate Third Class C----- has failed to meet the responsibilities of a sailor in the United States Navy.

         The applicant’s record does not contain any correspondence from the Chief of Naval Personnel (PERS-83), responding to the Commanding Officer’s recommendation for separation. The characterization of discharge on the applicant’s DD-214, block 24, states General (under Honorable conditions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970502 General (under 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).

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 14, effective
03 Oct 96 until 971212, Article 3630605, SEPARATION OF ENLISTED PERSONNEL 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 111, for Drunken or reckless driving, 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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