Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-00068
Original file (ND01-00068.rtf) Auto-classification: Denied


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


ex-HR, USN
Docket No. ND01-00068

Applicant’s Request
The application for discharge review, received 001018, 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 010329. 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

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 dated October 2, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USNR (DEP)     880506 - 880925  COG
Period of Service Under Review :
Date of Enlistment: 880926               Date of Discharge: 910702

 Length of Service (years, months, days):
         Active: 02 09 07
          Inactive: None
Age at Entry: 18                          Years Contracted: 4
Education Level: 12                        AFQT: 40

 Highest Rate: HA
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (2)    Behavior: 3.60 (2)                OTA : 3.60
Military Decorations: None

 Unit/Campaign/Service Awards: MUC

Days of Unauthorized Absence: 79

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 :

880927:  Applicant briefed on Navy's policy on drug and alcohol abuse.
890807:  Applicant to unauthorized absence 1440, 7Aug89.

 890808:  Applicant from unauthorized absence 0640, 8Aug89 (16 hours/surrendered).
891026:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 2225-2240, 21Sep89 (15 minutes/surrendered), violation of UCMJ, Article 92: Derelict in duties in that he negligently failed to monitor a patient as it was his duty to obey on 0140, 5Oct89.
         Award: Forfeiture of $349 per month for 2 months, restriction and extra duty for 30 days, reduction to HR. Forfeiture suspended for 90 days. No indication of appeal in the record.
901115:  Applicant declared a deserter.

 910207:  Special Court Martial
          Charge I: violation of the UCMJ, Article 86:
          Specification: Unauthorized absence 0745, 16Oct90 to 1430, 3Jan91 (79 days/surrendered).
          Charge II: violation of the UCMJ, Article 112A:
         Specification: Wrongful use of cocaine on 3Jan91.
          Findings: to Charge I and II and specifications thereunder, guilty.
         Sentence: HL for 60 days, written reprimand. Court members also recommended applicant attend Level III rehabilitation for drug abuse.
         CA 910312: Sentence approved and ordered executed.

910306:  NJP for violation of UCMJ, Article 86: Unauthorized absence 0745-1150, 25Feb91 (4 hours and 5 minutes/surrendered), violation of UCMJ, Article 134 (2 specs): (1) Make and utter checks for $1,578.94 for the purpose of procuring funds from 12Sep90 to 25Sep90, to the Navy Exchange, SUBASE, Groton, CT, (2) Make and utter check for $40.00 for the purpose of purchasing a tire on 10Oct90, to Discount Tire Company in Groton, CT.
         Award: Reduction to HR. No indication of appeal in the record.
910514:  Drug and Alcohol Abuse Report: Cocaine abuse, ashore off duty, 3Jan91 probable cause urinalysis. CAAC and physician found applicant not dependent and recommended separation not via VA hospital. Commanding officer recommended separation not via VA hospital.
910515:  Substance Abuse Brief: Positive probable cause urinalysis. Cocaine abuse. CAAC and medical officer found applicant not dependent.
910524:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the drug abuse, misconduct due to a pattern of misconduct, and misconduct due to commission of a serious offense.
910524:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights.
910530:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse, misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense.

910618:  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 910702 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 introduced no decisional issues for consideration by the Board.

 The following is provided for the applicant’s edification. 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 15560A), Change 8, effective
21 Aug 89 until 14 Aug 91, 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 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      


Similar Decisions

  • NAVY | DRB | 2004_Navy | ND04-01119

    Original file (ND04-01119.rtf) Auto-classification: Denied

    ND04-01119 Applicant’s Request The application for discharge review was received on 20040629. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. History of present illness: This 27 year old male, BM2 U.S. Navy with nine years and nine months of broken service, was admitted to ARD at Naval Hospital, Pensacola, on 26 November 1990 for inpatient alcohol rehabilitation.Discharged diagnosis: 1.)

  • NAVY | DRB | 1999_Navy | ND99-00517

    Original file (ND99-00517.rtf) Auto-classification: Denied

    Age at Entry: 18 Years Contracted: 4 (24 months extension) Education Level: 12 AFQT: 48 Highest Rate: ET3 Final Enlisted Performance Evaluation Averages (number of marks): Performance: 3.60 (3) Behavior: 3.62 (5) OTA : 3.65 Military Decorations: None Unit/Campaign/Service Awards: SSDR Days of Unauthorized Absence: 30 Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority:...

  • NAVY | DRB | 2001_Navy | ND01-00059

    Original file (ND01-00059.rtf) Auto-classification: Denied

    Assessment: ETOH Plan: Return to counseling for re-evaluation 8 hrs.850304: Sick Call: Pt is a 20 year old white male complaint of alcohol ingestion. No indication of appeal in the record.860308: CO, USS HECTOR advised CNMPC that applicant received another NJP and the recommendation for discharge due to misconduct due to Commission of serious offense submitted on 28 Feb 86 is appropriate and that the discharge package be corrected as such and correct the date in the LON, para 7 to show...

  • NAVY | DRB | 2000_Navy | ND00-00134

    Original file (ND00-00134.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :891026: NJP for violation of UCMJ, Article 107: False official statement on 16Oct89, violation of UCMJ Article 134: Obstructing justice on 16Oct96. No indication of appeal in the record.910508: USS CONSTELLATION (CV-64) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by larceny of car audio equipment of a value of...

  • NAVY | DRB | 2001_Navy | ND01-01084

    Original file (ND01-01084.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-SWCA, USN Docket No. ND01-01084 Applicant’s Request The application for discharge review, received 010814, requested that the characterization of service on the discharge be changed to general/under honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 910524 under other than honorable conditions for misconduct due to...

  • NAVY | DRB | 1999_Navy | ND99-00176

    Original file (ND99-00176.rtf) Auto-classification: Denied

    Unauthorized absence1245, 7Apr84.840424: Substance Abuse Report: Marijuana abuse, less than monthly, Jan80-Mar84, ashore off duty, urinalysis. 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 response to the applicant’s issue 1 of post-service clemency, the Board found that the applicant’s post-service conduct was not sufficient to warrant an upgrade. The...

  • NAVY | DRB | 1999_Navy | ND99-00127

    Original file (ND99-00127.rtf) Auto-classification: Denied

    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. No indication of appeal in the record.830721: NJP for violation of UCMJ, Article 92 (2 specs): Disobeying a lawful order on 30Jun83 and 1Jul83 Award: Restriction and extra duty for 15 days, reduction to ENFA. 850525: Applicant to unauthorized absence, 1430, 85May25.850529: Applicant from unauthorized absence 2230, 86May29...

  • NAVY | DRB | 2001_Navy | ND01-01022

    Original file (ND01-01022.rtf) Auto-classification: Denied

    ND01-01022 Applicant’s Request The application for discharge review, received 010802, requested that the characterization of service on the discharge be changed to general/under honorable conditions. (Equity Issue) This former member requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application. The names, and votes of the members of the Board are recorded on the original of...

  • NAVY | DRB | 1999_Navy | ND99-01008

    Original file (ND99-01008.rtf) Auto-classification: Denied

    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).In the applicant’s attached letter, the Board sited the following issues: Youth and immaturity, post-service achievements (hard working family man), and difficulty explaining discharge characterization to potential employers. The NDRB reviews the propriety (did the Navy follow its own rules in processing the...

  • NAVY | DRB | 2003_Navy | ND03-00836

    Original file (ND03-00836.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/ under honorable conditions. Member has low potential for further naval service.900116: Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. For the Applicant’s information, he may petition the Board for Correction of Naval Records (BCNR) for a change to his records if he believes that...