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NAVY | DRB | 2000_Navy | ND00-00012
Original file (ND00-00012.rtf) Auto-classification: Denied


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

ex-MSSA, USN
Docket No. ND00-00012

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

The NDRB did note an administrative error on the original DD Form 214. Block 28, Narrative Reason for Separation should read: “Misconduct - commission of a serious offense” vice “MISCONDUCT - PATTERN OF MISCONDUCT”. The original DD Form 214 should be corrected or reissued as appropriate.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Please take my military records and the following into consideration for upgrading my discharge. I have no criminal history prior to or after the navy. Not even a traffic ticket. Plus I've held down a job with Red Carpet Carwash and Carwash of America for the last four years. I'm currently a supervisor there at Carwash of America, plus I'm a Eagle Scout. Plus I'm married with two kids. Plus I earned Sea Service and Expeditionary Medal while in the Navy. Thank you for your time.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2)
Criminal History Information Data
Copy of Enlisted Performance Evaluation Report (3)
Copy of Extension of Periodic Evaluation Report
Copy of Eagle Scout Certificate
Employment Reference Letter
Copy of Information Request from California Department of Motor Vehicle
Copy of Consumer Report

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     880112 - 880823  COG

 Period of Service Under Review :
Date of Enlistment: 880824               Date of Discharge: 910226

 Length of Service (years, months, days):

         Active: 02 06 03
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 37

 Highest Rate: MSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (2)    Behavior: 3.10 (2)                OTA : 3.10

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, AFEM

Days of Unauthorized Absence: 24

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 :

890816:  NJP for violation of UCMJ, Article 86: UA from unit 890714 to 890806 (23days/S), violation of UCMJ Article 87: Missing Ship's Movement.
         Award: Forfeiture of $200 per month for 2 months, restriction for 30 days. No indication of appeal in the record.

900509:  Retention Warning from [USS WABASH (AOS-5)]: Advised of deficiency (Unauthorized absence, missing ship's movement.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

901113:  NJP for violation of UCMJ, Article 86: UA from 901102 to 901103 (1day/S), violation of UCMJ Article 91: Disobeying a lawful order from a superior petty officer on 900101, violation of UCMJ Article 123: Forgery on 901102.
         Award: Forfeiture of $405.00 per month for 1 months, restriction and extra duty for 30 days, reduction to E-2. No indication of appeal in the record.
910116:  [USS WABASH (AOR-5)] notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense, and alcohol abuse rehabilitation failure as evidenced by your non-judicial punishment on 890816, 901113 and Narrative Summary SF 502, dated 901024.
910116:          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.
910125:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a commission of a serious offense and alcohol abuse rehabilitation failure.

910220:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 910226 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 following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. 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. Naval Military Personnel Manual, (NAVPERS 15560A), Change 8, effective
21 Aug 89 until 14 Aug 91, 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 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      


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