Search Decisions

Decision Text

NAVY | DRB | 2000_Navy | ND00-00313
Original file (ND00-00313.rtf) Auto-classification: Denied


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

ex-DA, USN
Docket No. ND00-00313

Applicant’s Request
The application for discharge review, received 000107, 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 000817. 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: GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).


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:
Copy of DD Form 214.
Copy of DD Form 215

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     950629 - 951016  COG

 Period of Service Under Review :
Date of Enlistment: 951017               Date of Discharge: 990112

 Length of Service (years, months, days):

         Active: 03 02 26
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 39

 Highest Rate: DN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, AFEM, GCM

Days of Unauthorized Absence: None

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

GENERAL UNDER HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

981113:  NJP for violation of UCMJ, Article 90: Willfully disobeyed lawful command of a commissioned officer, to wit: Refused to take the 1 st Anthrax Vaccine Shot.
         Award: Forfeiture of $519.00 per month for 2 months, restriction for 60 days, reduction to E-2. No indication of appeal in the record.
981125:  Refused to take the 2 nd Anthrax Vaccine Shot and no NJP awarded.

 981209:  Applicant notified of intended recommendation for discharge general under honorable conditions by reason of misconduct due to the commission of a serious offense [EXTRACTED FROM CASE FILE].
981209:          Applicant advised of her 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 [EXTRACTED FROM CASE FILE].
990510:  Commanding officer directed discharge general under honorable conditions by reason of misconduct due to the commission of a serious offense.

990528:  CNMPC corrected the applicant's SPD code from HKQ to JKQ.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990112 general under 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.

 Pertinent Regulation/Law (at time of discharge)
 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until Present, Article 1910-142 [formerly 3630605]. SEPARATION 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 [e.g., 90, willfully disobeying lawful command of a commissioned 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 | 1999_Navy | ND99-01219

    Original file (ND99-01219.rtf) Auto-classification: Denied

    ND99-01219 Applicant’s Request The application for discharge review, received 990920, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Eight pages from applicant's service record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR...

  • NAVY | DRB | 2001_Navy | ND01-00373

    Original file (ND01-00373.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Until there is an official change to the current anthrax vaccination policy, the Board cannot grant the applicant relief concerning his issues. 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...

  • NAVY | DRB | 2004_Navy | ND04-00437

    Original file (ND04-00437.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. 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.

  • NAVY | DRB | 2001_Navy | ND01-00118

    Original file (ND01-00118.rtf) Auto-classification: Denied

    ND01-00118 Applicant’s Request The application for discharge review, received 001101, requested that the characterization of service on the discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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...

  • NAVY | DRB | 2000_Navy | ND00-00950

    Original file (ND00-00950.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 (Member 1 and 4) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 931209 - 940912 COG Period of Service Under Review :Date of Enlistment: 940913 Date of Discharge: 991018 Length of Service (years, months, days):Active: 05 01 06 Inactive: None Petty Officer...

  • NAVY | DRB | 2004_Navy | ND04-01169

    Original file (ND04-01169.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Halts Anthrax Vaccinations [webpage article] (2 pages) Anthrax Vaccine Is Safe, Is Effective, Says National Academy of Sciences [webpage article] PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 950725 - 960630 COG Active: None Period of Service Under Review :Date of...

  • NAVY | DRB | 2002_Navy | ND02-01188

    Original file (ND02-01188.rtf) Auto-classification: Denied

    ND02-01188 Applicant’s Request The application for discharge review, received 020820, requested that the characterization of service on the discharge be changed to honorable. (See Document 21) 3) In 1996, Michigan Biologic Products Institute (MBPI) filed an IND application to the FDA showing a designation for'inhalation anthrax', changing the 'route of administration', and changing the 'vaccine schedule'. 312.3 1996 IND (Investigation New Drug) application 1998 and 1999 IND application...

  • NAVY | DRB | 2003_Navy | ND03-00434

    Original file (ND03-00434.rtf) Auto-classification: Denied

    My decision to refuse the anthrax vaccine was not one that I took lightly. 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 issues raised regarding the legality and safety of the Department of Defenses’ (DOD) Anthrax Vaccination program are beyond the purview of the NDRB to address. As this time, the Applicant has not provided any documentation for the Board...

  • NAVY | DRB | 2003_Navy | ND03-00327

    Original file (ND03-00327.rtf) Auto-classification: Denied

    000124: Memorandum for the Record (Applicant directed to report to Naval Station Rota immunization clinic to begin the Anthrax vaccination series).Retention Warning: Advised of deficiency (On or about 0800, 000125 you failed to report to the Naval Station, Rota Hospital to begin the required Anthrax Vaccination program as ordered by CTRCS P_ R_ in accordance with DoD and Navy policy. (On or about 01300, 000411 you were ordered to begin required Anthrax Vaccination program at the Naval...

  • NAVY | DRB | 2003_Navy | ND03-00436

    Original file (ND03-00436.rtf) Auto-classification: Denied

    ND03-00436 Applicant’s Request The application for discharge review was received on 20030122. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review.