Search Decisions

Decision Text

NAVY | DRB | 2000_Navy | ND00-00213
Original file (ND00-00213.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND00-00213

Applicant’s Request
The application for discharge review, received 991130, 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 000803. 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 3630605.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I repeatedly sought help from my immediate supervisors, but was ignored until the problem got out of hand, then everyone favored the Seaman with greatest seniority.

2. I was assaulted by the other Seaman. I did not attempt suicide; I was pushed off the ship, momentarily caught by the little railing, then fell off the ship, landed in the water and picked up by a ship that was following the Saipan. They heard me calling for hlep and rescued me, took me to the hospital.

3. The present discharge classification is causing extreme hardship for me, especially when I seek employment, federal or state. This discharge classification causes social conflicts--my family and friends look down on me, it seems to cause them to think less of me; it also hampers my own self-esteem. I would like to marry and not have them, family think less of me--PLEASE HELP ME? THANK YOU.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant
Fifty -eight pages from applicant's service/medical records
Copy of DD Form 214 (4 copies)
Copy of police record check dated September 24, 1999 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     951214 - 960827  COG

 Period of Service Under Review :
Date of Enlistment: 960828               Date of Discharge: 971125

 Length of Service (years, months, days):

         Active: 01 02 28
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 41

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                           Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 14

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630605.

 Chronological Listing of Significant Service Events :

970115:  Retention Warning: Advised of deficiency (Any involvement with the unauthorized use and possession of drugs with military or civilian authorities will result in disciplinary action, and possible processing for administrative discharge.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
970606:  NJP for violation of UCMJ, Article 91: Willful disobedience of CPO, violation of UCMJ Article 92 (2 specs): (1) Disrespect in language to CPO, (2) Failed to obey order of CPO.
         Award: Forfeiture of $400 per month for 1 month, restriction for 15 days, oral reprimand. No indication of appeal in the record.
         
971114:  NJP for violation of UCMJ, Article 86: Unauthorized absence from unit from 0630, 12Oct97 to 2015, 26Oct97 (14 days/surrendered), violation of UCMJ, Article 87: Missing ship's movement on 12Oct97, violation of UCMJ, Article 134: Wrongfully and intentionally jumping from a naval vessel.
         Award: Forfeiture of $300 per month for 2 months, restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.
971117:  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 service record entries, misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ in the current enlistment; and convenience of the government on the basis of personality disorder.
971117:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
971118:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense, misconduct due to a pattern of misconduct and convenience of the government on the basis of personality disorder.

971123:  Commander, Amphibious Group TWO 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 971125 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).

In response to applicant’s issue 1, the Board found that the punishment of any service member was then, and is now, a legitimate function of command judgement and prerogative. Furthermore, the applicant has failed to substantiate how the alleged misconduct of another service member could excuse his own misconduct. Relief denied.

 In response to applicant’s issue 2, t o permit relief, an error or injustice must be found to have existed during the period of enlistment under review. There was nothing in the records, nor did the applicant provide any documentation, to indicate there existed an error of fact, law, procedure, or discretion at the time of discharge. There was no rights violation and no basis for relief.

In response to applicant’s issue 3, the Board has no obligation to change the applicant's discharge in order to allow him to obtain better employment or resolve social conflicts. Relief will not be granted on this issue.

 The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). 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. 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 15560C), Change 14, effective
03 Oct 96 until 971212, Article 3630605, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

B. In Appendix 12 of the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 134, for wrongfully and intentionally jumping from a naval vessel, 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 | 2001_Navy | ND01-00028

    Original file (ND01-00028.rtf) Auto-classification: Denied

    It is, therefore, recommended that Seaman Apprentice (applicant) be separated administratively from the Naval Service under General (Under Honorable conditions). 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 issues state: “I have been a good citizen since discharge.” and “I have been working and saving money to go to college.” The applicant...

  • NAVY | DRB | 1999_Navy | ND99-00765

    Original file (ND99-00765.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 000417. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 980206 under other than honorable conditions for misconduct due to commission of a serious offense (A). 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).Regarding the...

  • NAVY | DRB | 2001_Navy | ND01-00699

    Original file (ND01-00699.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-SR, USN Docket No. ND01-00699 Applicant’s Request The application for discharge review, received 010424, requested that the characterization of service on the discharge be changed to honorable or entry level separation or uncharacterized and the reason for the discharge be changed to convenience of the government. Documentation In addition to the service record, the following additional...

  • NAVY | DRB | 2002_Navy | ND02-00257

    Original file (ND02-00257.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR(DEP) 950824 - 951204 COG Period of Service Under Review :Date of Enlistment: 951205 Date of Discharge: 971104 Length of Service (years, months, days):Active: 01 11 00 Inactive: None 971020: Commanding Officer recommended...

  • NAVY | DRB | 2003_Navy | ND03-01226

    Original file (ND03-01226.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

  • NAVY | DRB | 2003_Navy | ND03-00256

    Original file (ND03-00256.rtf) Auto-classification: Denied

    ND03-00256 Applicant’s Request The application for discharge review, received 20021126, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Unauthorized absence over 30 consecutive days is a serious offense. E. In Appendix 12 of the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 86 (unauthorized absence for a period in excess of 30 days), and Article...

  • NAVY | DRB | 2000_Navy | ND00-00322

    Original file (ND00-00322.rtf) Auto-classification: Denied

    ND00-00322 Applicant’s Request The application for discharge review, received 000112, requested that the characterization of service on the discharge be changed to general/under honorable conditions. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was...

  • NAVY | DRB | 2001_Navy | ND01-00360

    Original file (ND01-00360.rtf) Auto-classification: Denied

    ND01-00360 Applicant’s Request The application for discharge review, received 010202, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Statement from applicant Copy of DD Form 214 Two pages from applicant's service record PART II - SUMMARY OF SERVICE Prior Service (component, dates of...

  • NAVY | DRB | 2001_Navy | ND01-00899

    Original file (ND01-00899.rtf) Auto-classification: Denied

    970313: Applicant to confinement.970411: Applicant from confinement. Charge II: violation of the UCMJ, Article 87: Specification: Missed ship's movement on 7Oct96. 971027: BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

  • NAVY | DRB | 2004_Navy | ND04-00032

    Original file (ND04-00032.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to entry level separation or uncharacterized. Decision A documentary discharge review was conducted in Washington, D.C. on 20040712. The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.