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NAVY | DRB | 2000_Navy | ND00-00957
Original file (ND00-00957.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND00-00957

Applicant’s Request
The application for discharge review, received 000801, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to reenlistment status. The applicant requested a personal appearance hearing discharge review before the board in the Washington National Capital Region. The applicant listed AMERICAN LEGION as his representative on the DD Form 293.

Decision

A Personal Appearance Hearing was conducted in Washington, D.C. on 010510. After a thorough review of the records, supporting documents, testimony, 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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. (Equity Issue) His violations of the UCMJ notwithstanding, this former member avers that his overall service record is sufficient to warrant release under honorable conditions.

2. (Equity Issue) As evidenced by his supporting documentation, this former member further opines that his post service conduct has been sufficiently creditable to warrant the Board’s clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.



 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)
Copy of Police Officer Recruitment Application
Copy of Enlisted Performance Evaluation Report
Citation
Letter from Rev J_ J. A_ dated 8 May 2001
Letter from Employer
Criminal Record Check dated 10 April 2001

PART II - SUMMARY OF SERVICE

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

 Period of Service Under Review :
Date of Enlistment: 911213               Date of Discharge: 930519

 Length of Service (years, months, days):

         Active: 01 01 12
         Inactive: 00 03 25

 Age at Entry: 17                          Years Contracted: 8

 Education Level: 9                         AFQT: 32

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (1)    Behavior: 3.60 (1)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 1

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 :

920408:  Ordered to active duty for 24 months under the Seaman Apprentice program.

920515:  Briefed on Navy Policy on Drug and Alcohol Abuse.

920814:  Joined USS JOHN RODGERS (DD 983) Charleston, SC.

930319:  Summary Court Martial for violation of UCMJ, Article 86: UA from 930126-930127(1day/S); violation of UCMJ Article 87: Missing ship's movement 930126; violation of UCMJ Article 112a: Wrongful use of marijuana 930126.
         Sentence: CHL for 30 days, forfeiture of $300 per month for 1 month, reduction to E-1.
         CA (930326) Approved and ordered executed.
930326:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and drug abuse.
930330:          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.
930402:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

930409:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
930416:  Applicant declined VA in-patient treatment for Drug/Alcohol Abuse.

941230:  NDRB documentary record review Docket Number ND94-00671 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930519 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).

 The applicant’s first issue states: “(Equity Issue) His violations of the UCMJ notwithstanding, this former member avers that his overall service record is sufficient to warrant release under honorable conditions.” The Board found that the applicant’s misconduct significantly outweighed his positive contributions. The applicant was found guilty at Summary Court Martial of violations of UCMJ Articles, 86, 87, and 112a. While on active duty the applicant demonstrated a willful disregard for the standards of service and military discipline. Relief based on this issue is not warranted.

The applicant’s second issue states: “(Equity Issue) As evidenced by his supporting documentation, this former member further opines that his post service conduct has been sufficiently creditable to warrant the Board’s clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.” The Board did not find the applicant’s post service documentation and testimony sufficiently creditable to warrant relief based on provisions in SECNAVINST 5420.174C. Notably absent was documentation detailing his sobriety, educational pursuits, and community service. Relief is not warranted.

 Regarding the applicant’s request for a reason for discharge change, the Board found the reason assigned, Misconduct- Commission of a Serious Offense, most accurately describes the reason for discharge. The applicant provided no reason to support his request for reason change. To change the reason for discharge would be inappropriate. Relief is not warranted.





Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective
05 Mar 93 until 21 Jul 94, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

 B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 87, missing ship’s movement, and Article 112a, wrongful use of an illegal substance, 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      


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