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NAVY | DRB | 2000_Navy | ND00-00096
Original file (ND00-00096.rtf) Auto-classification: Denied


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

ex-ETSN, USN
Docket No. ND00-00096

Applicant’s Request
The application for discharge review, received 991025, 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 - Convicted by a civil court for offense(s) occurring during current term of military service , authority: NAVMILPERSMAN, Article 3630600.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I am submitting this request for a discharge upgrade due to the fact of having a serious problem at the time of the offenses. At the time of the offenses I had a very bad drinking problem and did not realize it. Since this time I have straightened out my life in regards to the problem. This discharge awarded me by the court martial has continued to be a life hinderance and undeserved in light of my performance and dedication to the U.S. Navy. Please sirs find in my favor the request for upgrade. Between a Navy Achievement Medal and numerous outstanding evaluations for my performance of my assigned duties and responsibilities. Thank you for your consideration and understanding in this most roubling matter.

 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: USN               800814 - 860812  HON
                  USN                       760830 - 800813  HON
         Inactive: USNR (DEP)     760823 - 760829  COG

 Period of Service Under Review :
Date of Enlistment: 860813               Date of Discharge: 910924

 Length of Service (years, months, days):

         Active: 04 00 12
         Inactive: None

 Age at Entry: 27                          Years Contracted: 6

Education Level: 12                        AFQT: 93

 Highest Rate: ET1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.86 (6)    Behavior: 3.53 (6)                OTA: 3.83

 Military Decorations: None

 Unit/Campaign/Service Awards: NEM, NAM, GCA, NDM

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT - Convicted by a civil court for offense(s) occurring during term of military service, authority: MILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

900215:  Applicant failed to meet PRT standards, due to obesity. Applicant required to participate, at least three days per week, for 30-45 minutes each day, until he complies with the minimum Navy standards.
870310:  Civil Conviction: State of Florida Circuit Court for: Charge 1: DUI Manslaughter, Charge 2: Vehicular Homicide, Charge 3: DUI, Charge 4: Reckless driving.
         Sentenced: #Charge 1: 15 years probation, 100 hours of community service work, and make restitution, Charge 2: five years probation to run concurrent with charge one, Charge 3: 6 months suspended license, six months probation, DUI School and 50 hours community service work, Charge 4: six months probation to run concurrent with charge one.
         Fined: #1 $234.50 cost of court
         Fined: #3 $250.00
        
900417:  NJP for violation of UCMJ, Article 92: Driving on board NAS ATLANTA while on suspension for DUI.
         Award: Forfeiture of $100.00 per month for 2 months, extra duty for 45 days, reduction to next inferior pay grade (suspended for 6 months). No indication of appeal in the record.
901128:  Civil Conviction: [Escambia County Circuit Court] for violation of probation (DUI, failure to stop at a red light, driving with an invalid license, failure to maintain lane).
 Sentence: 7 years in North Florida, Reception Center. Inmate number 211769.
910502:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Commission of a serious offense as evidenced by a civil conviction on 870310 for DUI Manslaughter, Vehicular Homicide and DUI, CO's NJP on 900412 for Violation of Article 92 - failure to obey a lawful order, civil conviction on 900810 for violation of probation and misconduct due to a pattern of misconduct as evidenced by a civil conviction on 900810, CO's NJP on 900412 and a civil conviction on 870310.
910530:          Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board.
910620:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to Commission of a serious offense as evidenced by a civil conviction on 870310 for DUI Manslaughter, Vehicular homicide and DUI, CO's NJP on 900412 for violation of UMCJ Article 92 -Failure to obey a lawful order, civil conviction on 900810 for Violation of probation and Misconduct due to a pattern of misconduct as evidenced by a civil conviction on 900810, CO's NJP on 900412 and civil conviction on 870310, and recommended by a vote of two to one, the respondent be discharge under Other Than Honorable conditions.

910701:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to Commission of a serious offense as evidenced by a civil conviction on 870310 for DUI Manslaughter, Vehicular Homicide and DUI, CO's NJP on 900412 for Violation of Article 92 - failure to obey a lawful order, civil conviction on 900810 for violation of probation and misconduct due to a Pattern of misconduct as evidenced by a civil conviction on 900810, CO's NJP on 900412 and a civil conviction on 870310.

910724:  BUPERS directed the applicant's discharge under Other Than Honorable conditions by reason of misconduct due to Civil conviction.

910924:  Discharged in absentia due to incarceration for 7 years in North Florida Reception Center.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 910924 under Other Than Honorable conditions for misconduct due to civil conviction (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 made the following claims: he had a serious drinking problem, his discharge was undeserved in light of his performance and dedication to the Navy, and he has now turned his life around. The Board conducted a thorough review of the applicant’s entire service record and associated documents and determined there were no errors in the discharge process or the assessment of the characterization of his discharge. Additionally, the applicant’s record is devoid of any documentation to show that since his discharge, he has turned his life around and is now a person of good character and conduct. Relief is denied.

 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Aug 91 until 04 Mar 93), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT.

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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