Search Decisions

Decision Text

NAVY | DRB | 2000_Navy | ND00-00008
Original file (ND00-00008.rtf) Auto-classification: Denied


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

ex-SHSR, USN
Docket No. ND00-00008

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 000606. 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 – commission of a serious offense, 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: None
         Inactive: USNR (DEP)     831014 - 840118  COG

 Period of Service Under Review :
Date of Enlistment: 840119               Date of Discharge: 860715

 Length of Service (years, months, days):

         Active: 02 05 27
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 42

 Highest Rate: SHSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.95 (4)    Behavior: 2.10 (4)                OTA : 2.30

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

Days of Unauthorized Absence: 35

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

851103:  NJP for violation of UCMJ, Article 121: Larceny.
         Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 45 days, reduction to SHSA. No indication of appeal in the record.
851103:  Retention Warning: Advised of deficiency (Larceny and misconduct; as evidenced by your violation of the UCMJ and corresponding NJP.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
860221:  Retention Warning: Advised of deficiency (Unauthorized absence and misconduct as evidenced by your violations of the UCMJ and corresponding NJP.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
860228:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86 (2 specs).
         Specification 1: Unauthorized absence 0730, 851230 to 2330, 860105.
         Specification 2: Unauthorized absence 0745, 860112 to 0420, 860210.
         Finding: to Charge I and the specifications thereunder, guilty.
         Sentence: Confined for 21 days.
         CA action 860307: Sentence approved and ordered executed.

860611:  NJP for violation of UCMJ, Article 91: Willful disobedience of a petty officer.
         Award: Forfeiture of $150 per month for 1 month, restriction and extra duty for 15 days, reduction to SHSR. No indication of appeal in the record.
860615:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense as evidenced by your three punishments under the UCMJ within your current enlistment and your violations of the UCMJ Articles, 91 and 121.
860615:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
860626:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense.

860708:  CNMPC 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 860715 under other than 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. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560, Change 10/85, effective
16 Dec 85 until 05 Oct 86), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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 91, for willful disobedience of a petty officer, 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 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 DC 20374-5023      


Similar Decisions

  • NAVY | DRB | 2000_Navy | ND00-00227

    Original file (ND00-00227.rtf) Auto-classification: Denied

    (Equity Issue) As the documentary evidence of record supports, this former member opines that his post-service conduct has been sufficiently creditable to warrant the Board's clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3. Chronological Listing of Significant Service Events :880520: NJP for violation of UCMJ, Article 121: Steal three bottles of Vanderbilt perfume, of some value, the property of the U.S. Government on 9May88. PART IV -...

  • NAVY | DRB | 2001_Navy | ND01-00505

    Original file (ND01-00505.rtf) Auto-classification: Denied

    No indication of appeal in the record.Retention Warning from [Fighter Squadron Seventy-Five]: Advised of deficiency (A pattern of misconduct as evidenced by three incidents resulting in Commanding Officer's Non-judicial Punishments for seven separate violations of the UCMJ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 860412: Retention Warning from [Fighter Squadron Seventy-Five]: Advised of...

  • NAVY | DRB | 1999_Navy | ND99-00108

    Original file (ND99-00108.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :880518: Applicant ordered to active duty for 36 months under the Active Mariner Program.890209: NJP for violation of UCMJ, Article 90: Disobedience of a superior commissioned officer. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 891107 under other than honorable conditions for misconduct due to a pattern of misconduct (A). After a thorough review of the records, supporting...

  • NAVY | DRB | 2000_Navy | ND00-00057

    Original file (ND00-00057.rtf) Auto-classification: Denied

    ND00-00057 Applicant’s Request The application for discharge review, received 991013, requested that the characterization of service on the discharge be changed to general/under honorable conditions. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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 Board determined that to...

  • 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 | 1999_Navy | ND99-00485

    Original file (ND99-00485.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION 900724: Vacate forfeiture and reduction awarded at CO's NJP dated 8Mar90 due to continued misconduct. 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 but inequitable (D and E).In response to applicant’s issue 1, the Board after reviewing the applicant’s post-service conduct, grants clemency relief as authorized under provisions of...

  • NAVY | DRB | 2001_Navy | ND01-00090

    Original file (ND01-00090.rtf) Auto-classification: Denied

    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) 891208 - 900731 COG Period of Service Under Review :Date of Enlistment: 900801 Date of Discharge: 920928 Length of Service (years, months, days):Active: 02 01 28 Inactive: None 920914: BUPERS directed the applicant's discharge...

  • NAVY | DRB | 2000_Navy | ND00-00734

    Original file (ND00-00734.rtf) Auto-classification: Denied

    920711: BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. 920811: BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. I have sought counseling and am now in control of my problem.” The NDRB found, contrary to the applicant’s issue, the applicant was afforded counseling for his abuses of alcohol, and...

  • NAVY | DRB | 1999_Navy | ND99-00021

    Original file (ND99-00021.rtf) Auto-classification: Denied

    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 the applicant’s issue 1, the Board found this issue to be without merit. In the applicant’s issues 2 and 3, the Board found these issues to be without merit. 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...

  • NAVY | DRB | 2001_Navy | ND01-01080

    Original file (ND01-01080.rtf) Auto-classification: Denied

    Subsequent violations of the UCMJ or conduct resulting in civilian conviction could result in an administrative separation under other than honorable conditions), notified of corrective actions, advised of consequences of further deficiencies, and issued discharge warning. 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).Issue 1 states: “(Equity Issue) This former...