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NAVY | DRB | 2000_Navy | ND00-00511
Original file (ND00-00511.rtf) Auto-classification: Denied


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

ex-ADAR, USNR
Docket No. ND00-00511

Applicant’s Request
The application for discharge review, received 000314, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to administrative. 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 001005. 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 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:
Letter from applicant (2pgs)
Reference Letter from parents
Character Reference Letter from good friend and co-worker (2pgs)
Character Reference Letter from husband (2pgs)
Employment Reference Letter

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     950719 - 951024  COG

 Period of Service Under Review :
Date of Enlistment: 951025               Date of Discharge: 980619

 Length of Service (years, months, days):

         Active: 02 05 04
         Inactive: None

 Age at Entry: 19                          Years Contracted: 3 (12 months extension)

 Education Level: 12                        AFQT: 76

 Highest Rate: ADAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

970626:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $524.00 per month for 1 month, restriction to NAS JACKSONVILLE for 30 days, extra duty for 30 days, reduction to E-2 (suspended for 3 months). No indication of appeal in the record.

980327:  Special Court Martial
         Charge I: violation of the UCMJ, Article 107: False official statement. Charge II: violation of the UCMJ, Article 112a: Wrongfully use cocaine.
         Findings: to Charge I and specification thereunder, guilty; to Charge II and specification thereunder, guilty.
         Sentence: CHL for 100 days, forfeiture of $600.00 per month for 4 months, reduction to E-1.
       
980402:  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 Special Court-Martial on 980327 and misconduct due to drug abuse as evidenced by Special Court-Martial on 980327 as documented in service record.
No date:         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.

980408:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense

980504:  Chief of Naval Personnel to Assistant Secretary of the Navy (Manpower & Reserve Affairs) recommending applicant's discharge other than honorable by reason of misconduct due to commission of a serious offense.

980518:  BUPERS 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 980619 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 applicant introduced no decisional issues for consideration by the Board.

The Board considered the applicant’s documentation and found that it is noteworthy the applicant has apparently turned her life around, that the characterization of discharge was proper and equitable.




Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until 29 March 2000, Article 1910-142 [formerly 3630605]. SEPARATION 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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