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NAVY | DRB | 2000_Navy | ND00-00007
Original file (ND00-00007.rtf) Auto-classification: Denied


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

ex-FR, USNR
Docket No. ND00-00007

Applicant’s Request
The application for discharge review, received 991001, 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 000720. 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

 1. My name is (applicant). I am now 27 years old. When I was in the Navy I was young & dumb. I made many mistakes in my life but what I did that night was the biggest mistake I have ever made. I wish I could go back and change it. I can't. I am no the sales manger of a Volvo dealership. Very responsible, I have been on the job for 7 years. I am also getting married soon. Next month I will be transferred to San Francisco area to run the dealership there. Over the past 7 years I have grown up. I deeply regret what I had done. All I want is to have my discharge changed. Deep down it will make me feel better. I feel as if I am a failure because of a mistake I made in the past. Please if there is anyway to change my discharge I would like that. I am very sorry for what I did.

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: None
         Inactive: USNR (DEP)              911002 - 920511  COG

 Period of Service Under Review :
Date of Enlistment: 920512               Date of Discharge: 940202

 Length of Service (years, months, days):

         Active: 01 08 21
         Inactive: None

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 35

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.30 (2)    Behavior: 3.40 (2)                OTA: 3.30

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM, AFEM, MUC, JMA, SSDR

 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 :

931119:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 108.
         Specification: Willfully damaged government property on 19Oct93.
         Charge II: violation of the UCMJ, Article117.
         Specification: Wrongfully used provoking or reproachful words to a PO2 and two PO3's on 19Oct93.
         Charge III: violation of the UCMJ, Article 128:
         Specification: Committed an assault upon a FN on 19Oct93
         Charge IV: violation of the UCMJ, Article 134 (2 specs).
         Specification 1: Wrongfully communicated a threat towards a FN
         Specification 2: Drunk and disorderly on 19Oct93.
         Finding: to Charge I, II, III and IV and the specifications thereunder, guilty.
         Sentence: Forfeiture of $407.40, confinement for 24 days, bread and water for 3 days, reduced to FR.
         CA action 931120: Sentence approved and ordered executed.

931212:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a serious offense.
931212:          Applicant advised of his rights and having elected not 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.
931216:  Drug and Alcohol Abuse Report: Marijuana abuse, 4-7 times per week, military police, ashore off duty. CAAC recommended Level III treatment. Physician found applicant dependent and recommended Level III treatment. Commanding officer recommended separate not via VA hospital. Comments: Member is a good performer with no history of alcohol/drug related incidents or NJP's. Member has no potential for further service. Member is to be ADSEP'd for CSO.
931221:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to the Commission of a serious offense.

940125:  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 940202 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).

In the applicant’s issue 1, the Board determined this issue is without merit. The applicant claims he was young and dumb, made a big mistake (in reference to his misconduct), he’s getting married, is employed and sorry for his misconduct. The Board does not view youth, immaturity or lack off good judgement as an excuse for misconduct. The applicant’s attempt at demonstrating his maturity, and good character, after his discharge, are commendable but insufficient to warrant an upgrade to his discharge. Simply listing specific accomplishments without documentation is unacceptable. The following is provided for the benefit of the applicant. The NDRB reviews the propriety (did the Navy follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with Navy guidance or was the characterization typical of other service members being separated for the same reason) of each applicant’s discharge to determine if proper procedures were followed. This applicant’s discharge was proper and equitable. Additionally, the NDRB is authorized to award clemency for post-service factors (what has the applicant done since discharge to become a contributing member of his/her community and to society in general). Those factors include but are not limited to the following: Evidence of continuing educational pursuits (transcripts, diploma, degree or vocational-technical certificates), a verifiable employment history (letter of recommendation from employer), documentation of community service (letter from activity/community group), certificate of non-involvement with civil authorities (police records check) and proof of not using drugs (detoxification certificate). The applicant did not provide any documentation to demonstrate good character and conduct. The applicant is encouraged to continue to establish a reputation of good character and document his accomplishments. Documentation to support any claim of good character is a must to receive any consideration based on post-service achievements. The applicant remains eligible for a personal appearance hearing, to discuss his post-service accomplishments, provided an application is received by the NDRB within fifteen years from the date of his discharge. Legal representation at the hearing is advisable. Relief denied.
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 108, Damage to government property; Article 128, Assault on a Petty Officer; and Article 134, Communicating a threat and Drunk and disorderly aboard ship, if adjudged at a Special or General Court-Martial.
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     


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