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NAVY | DRB | 2000_Navy | ND00-00001
Original file (ND00-00001.rtf) Auto-classification: Denied


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

ex-MMFR, USN
Docket No. ND00-00001

Applicant’s Request
The application for discharge review, received 991001, 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 000713. 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: BAD CONDUCT/Convicted by special court martial, authority: NAVMILPERSMAN, Article 3640420.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I am requesting an upgrade of my discharge to General under honorable conditions. I am attempting to receive this so that I can receive treatment in the VA hospital system. I had served for four years in the U.S. Navy. I was proud to served and I had a good ratings, I was an E-4. At the very end of my service I did get into some trouble due to abuse of marijuana. I have learned my lesson, please upgrade my discharge to General Under Honorable Discharge so that I can receive VA health care. Since I left the Navy, I have been successful and have had an exemplary life style.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Veteran Identification Data Sheet

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     841222 - 850219  COG

 Period of Service Under Review :
Date of Enlistment: 850220               Date of Discharge: 890506

 Length of Service (years, months, days):

         Active: 03 09 25
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 24

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.30 (4)    Behavior: 3.50 (4)                OTA: 3.35

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 106

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

BAD CONDUCT/Convicted by special court martial, authority: NAVMILPERSMAN, Article 3640420.

 Chronological Listing of Significant Service Events :

871117:  NJP for violation of UCMJ, Article 86: Absence without leave, violation of UCMJ Article 86: Failing to go to appointed place of duty.
         Award: Forfeiture of $404.00 per month for 2 months (suspended for 6 months), restriction and extra duty for 30 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.

880809:  Report of Return of Deserter. Applicant surrendered to military authorities on 880802 (0500) at NORVA. Returned to military control 880802 (0500). Retained onboard for disciplinary action.

880822:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance.
         Award: Forfeiture of $426.00 per month for 2 month), restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.

880827:  Special Court Martial [trial date 880827]
         Charge I: violation of the UCMJ, Article 86: Unauthorized absence 880418 – 880802, [106 days/S.]. Charge II: violation of the UCMJ, Article 87: Missing Ship's Movement on or about 880607.
         Findings: to Charge I and II, and specification thereunder, guilty.
         Sentence: CHL for 110 days, forfeiture of $442.00 per month for 4 months, reduction to E-1, Bad Conduct discharge.
         CA 881107: Sentence approved and, except for the bad conduct discharge will be executed IAW the pre-trial agreement. Since punitive was awarded, any confinement in excess of 45 days shall be suspended for a period of one year from the date of trial.
        
880828:  Joined the Navy Brig Naval Station, Rota Spain, for confinement.

 880921:  Applicant waived clemency review.
881003:  From confinement; to appellate leave.
890117:  NMCCMR: The findings of guilty and sentence, as approved on review, are affirmed.
890429:  COMA: No petition received.

 890506:  SSPCMO: Article 71c, UCMJ, having been complied with, Bad Conduct discharge ordered executed.            

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 890506 with bad conduct due to convicted by special court martial (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’s issue states: “ I am requesting an upgrade of my discharge to General under honorable conditions. I am attempting to receive this so that I can receive treatment in the VA hospital system. I had served for four years in the U.S. Navy. I was proud to served and I had a good ratings, I was an E-4. At the very end of my service I did get into some trouble due to abuse of marijuana. I have learned my lesson, please upgrade my discharge to General Under Honorable Discharge so that I can receive VA health care. Since I left the Navy, I have been successful and have had an exemplary life style.” The applicant provided no documentary evidence to support his request for clemency. Relief is not warranted.

 The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.




Pertinent Regulation/Law (at time of discharge)

 A . The Naval Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until 13 Dec 89, Article 3640420, DISCHARGE OF ENLISTED PERSONNEL ADJUDGED BY SENTENCE OF COURTMARTIAL.

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 view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.af.mil ".

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
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard D.C. 20374-5023    


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