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NAVY | DRB | 2000_Navy | ND00-00975
Original file (ND00-00975.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND00-00975

Applicant’s Request
The application for discharge review, received 000816, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. The applicant requested a documentary record discharge review. The applicant listed the Veterans of Foreign Wars as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010209. 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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. Applicant indicated above requested that Veterans of Foreign Wars act as counsel concerning his application. His records were reviewed on October 24, 2000 and the following comments are hereby submitted. Since his discharge from the United States Navy the applicant has completed a period of service with the Idaho Army National, Guard receiving a honorable discharge. He also completed a Military Police Course. This subsequent honorable service should be considered when determining the applicant's application for upgrade. We refer this case to the Board for their careful and compassionate consideration and request the applicant's discharge be reviewed for fairness and equity and well as post service conduct.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)
Copy of Honorable Discharge from Army National Guard dated February 7, 1999
Copy of Certificate of Training dated June 21, 1996
Copy of Security Clearance verification dated February 19, 1997

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     851030 - 851117  COG

 Period of Service Under Review :
Date of Enlistment: 851118               Date of Discharge: 870624

 Length of Service (years, months, days):

         Active: 01 07 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 38

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.60 (1)    Behavior: 2.00 (1)                OTA: 2.60

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 71

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 :

860619:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0645, 20May86 to 0650, 21May86 (1 day/surrendered).
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 7 days. No indication of appeal in the record.
860711:  Applicant to unauthorized absence 1430, 11Jul86.

 860717:  Applicant from unauthorized absence 0247, 17Jul86 (5 days/surrendered).
860723:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 87: Missing ship's movement on 13Jul86.
         Award: Forfeiture of $50 per month for 1 month, restriction and extra duty for 20 days. No indication of appeal in the record.
870123:  Applicant declared a deserter. Unauthorized absence since 0650, 22Dec86.
870224:  Applicant from deserter status 2125, 24Feb87 (64 days/surrendered).

870401:  NJP for violation of UCMJ, Article 86: Absent without leave on 0650, 22Dec86 to 2125, 24Feb87 (64 days/surrendered).
         Award: Forfeiture of $300 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
870416:  NJP for violation of UCMJ, Article 86: Absent without leave on 0715, 1Apr87 to 1639, 2Apr87 (1 days/surrendered), violation of UCMJ, Article 116: Breach of peace on 7Apr87, to wit: wrongfully tying dental floss to some shelves in the C3 wing, which caused a loud noise when they fell, violation of UCMJ, Article 134: Disorderly conduct on 7Apr87.
         Award: Forfeiture of $300 per month for 1 month, restriction and extra duty for 30 days. No indication of appeal in the record.
870429:  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.
870429:          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.
870511:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

870530:  CNMPC 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 870624 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 the applicant’s issue 1, there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided ample documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560, Change 7/86, effective
15 Dec 86 until 14 Jun 87), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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 86, for unauthorized absence for a period in excess of 30 days 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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