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NAVY | DRB | 2000_Navy | ND00-01017
Original file (ND00-01017.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND00-01017

Applicant’s Request
The application for discharge review, received 000831, 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 010301. 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. My ability to serve was impaired because of family problems.

2. I had tried to apply for a compassionate reassignment, but was unfairly told to forget. I took it all the way up to Admiral Bull but was told, at all levels, I'm wasting my time.

3. My record of UA indicates only minor or isolated offenses. I needed to visit my dieing mother (cancer) and give support to my father. (I went up the chain of command).

4. I have been a good citizen since discharge and wish to reestablish a law-enforcement career by applying to the Honolulu Police Dep. Hopefully with a Honorable Discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Personal Statement (4pgs)
Copy of Battle Efficiency Certificate
Copy of Issue Statement (2pgs)
Copy of Leave and Earning Statement
Copy of Certificate of Commendation
Copy of Certificate of Achievement
Photograph
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     860129 - 860217  COG

 Period of Service Under Review :
Date of Enlistment: 860218               Date of Discharge: 870508

 Length of Service (years, months, days):

         Active: 01 01 11
         Inactive: None

 Age at Entry: 33                          Years Contracted: 4

Education Level: 12                        AFQT: 84

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

Military Decorations: None

 Unit/Campaign/Service Awards: Navy"E"Ribbon

Days of Unauthorized Absence: 20

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 :

861019:  NJP for violation of UCMJ, Article 86: UA from 861013 to 861016 (3days/S), violation of UCMJ, Article 92: (10 Specs), failure to obey a lawful order between 861006 and 861015.
         Award: Confinement on B&W for 3 days, forfeiture of $358.00 per month for 2 months (suspended 1 month for 6 months, reduction in rate (suspended for 6 months). No indication of appeal in the record.
870130:  Special Court Martial
         Charge I: violation of the UCMJ, Article 86: UA from USS CONSTELLATION without authority, from 861101 to 861118 [17days/S], Charge II: violation of the UCMJ, Article 87: Missed movement of USS CONSTELLATION on 861104, Charge III: violation of the UCMJ, Article 92: Failure to obey a lawful order to wear his uniform only for a period of 14 days from the date of 861106, Charge IV: violation of the UCMJ, Article 134: Incapacitation for the proper performance of duty as a result of wrongful previous overindulgence intoxicating liquor on 861216.
         Sentence: CHL for 31 days, forfeiture of $250.00 per month for 2 months, reduction to E-2.
         CA 870327: Sentence approved and will be duly executed.

870224:  Released from confinement and restored to full duty, retained onboard for further disposition for appellate leave processing.
870325:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
870325:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
870527:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

870501:  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 870508 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, the Board found nothing in the records nor did the applicant submit any supporting documentation that showed that his personal problems were of sufficient magnitude that they could not be resolved through standard military channels or by the applicant’s chain of command. In fact, the Board found that the applicant’s age, education, test scores, prior service, promotions and awards were sufficient to qualify him for enlistment. The Board will not grant relief on the basis of this issue.

 The applicant states in issue 2 that he requested a “compassionate reassignment” and did not receive one. It is the command’s prerogative to grant a reassignment, but regardless of this, the applicant committed misconduct and must be held responsible for his actions. No relief will be granted based on this issue.

The Board disagrees with the applicant’s statement in issue 3 that his “record of UA indicates only minor or isolated offenses.” The applicant’s command thought his offenses serious enough that they court martialed him for unauthorized absence, missing movement, failing to obey an order and being incapacitated for duty. In addition to the court martial, the applicant was brought to CO’s NJP for UA and 10 specifications of failing to obey an order. The Board considers these charges serious and not minor or isolated offenses and therefore agrees that the applicant was deserving of an other than honorable discharge. Relief is denied based on this issue.

In the applicant’s issue 4, 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 any 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 87, missing movement 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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