Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-00090
Original file (ND01-00090.rtf) Auto-classification: Denied


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

ex-GSMFR, USN
Docket No. ND01-00090

Applicant’s Request
The application for discharge review, received 001023, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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

1. My discharge was inequitable because it was based on one isolated incident in 2 years of service with no other adverse conviction.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     891208 - 900731  COG

 Period of Service Under Review :
Date of Enlistment: 900801               Date of Discharge: 920928

 Length of Service (years, months, days):

         Active: 02 01 28
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 51

 Highest Rate: GSMFA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (1)    Behavior: 3.20 (1)                OTA : 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, SASM with Bronze Star

 Days of Unauthorized Absence: None

 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 :

900807:  Retention Warning: Advised of deficiency (Non-swim qualified.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
900912:  Retention Warning: Advised of deficiency (4 th Class Swimmer qualified.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
920109:  Retention Warning: Advised of deficiency (Your recent actions that resulted in a CO's formal counseling for substandard performance and attitude onboard this date.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
920806:  NJP for violation of UCMJ, Article 92 (2 specs): (1) Failure to obey other lawful order, (2) Dereliction in the performance of duties, violation of UCMJ, Article 128: Assault upon a petty officer.
         Award: Forfeiture of $393 per month for 2 months, restriction and extra duty for 45 days, reduction to GSMFR. No indication of appeal in the record.
920812:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
920812:          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.
920819:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

920827:  Applicant reprocessed for separation due to further misconduct. Offenses include violations of UCMJ Articles: 86, 92, and 112a.

920914:  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 920928 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’s issue states: “My discharge was inequitable because it was based on one isolated incident in 2 years of service with no other adverse conviction.” The applicant was found guilty at NJP of violations of UCMJ Articles 92 and 128. Both offenses are considered serious military offenses, punishable at court martial with a punitive discharge. The record shows the applicant committed additional violations of UCMJ Articles 86, 92 and 112a while being processed for discharge. The board found the issue without merit. Relief is denied.

 The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.























Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until
04 Mar 93, Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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      


Similar Decisions

  • NAVY | DRB | 2003_Navy | ND03-01471

    Original file (ND03-01471.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 Applicant’s misconduct is clearly documented.

  • NAVY | DRB | 2001_Navy | ND01-00647

    Original file (ND01-00647.rtf) Auto-classification: Denied

    ND01-00647 Applicant’s Request The application for discharge review, received 010416, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:None PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN None Inactive: USNR (DEP) 911024 - 920322 COG Period of Service Under Review...

  • NAVY | DRB | 2000_Navy | ND00-00804

    Original file (ND00-00804.rtf) Auto-classification: Denied

    ND00-00804 Applicant’s Request The application for discharge review, received 000609, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to secretarial authority. Issues (verbatim0 1. At this time, the applicant has not provided any documentation of good character and conduct.

  • NAVY | DRB | 1999_Navy | ND99-00485

    Original file (ND99-00485.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION 900724: Vacate forfeiture and reduction awarded at CO's NJP dated 8Mar90 due to continued misconduct. 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 but inequitable (D and E).In response to applicant’s issue 1, the Board after reviewing the applicant’s post-service conduct, grants clemency relief as authorized under provisions of...

  • NAVY | DRB | 1999_Navy | ND99-00146

    Original file (ND99-00146.rtf) Auto-classification: Denied

    ND99-00146 Applicant’s Request The application for discharge review, received 981105, requested that the characterization of service on the discharge be changed to Honorable. The applicant requested a documentary record discharge review. Decision A documentary discharge review was conducted in Washington, D.C. on 991004.

  • NAVY | DRB | 2003_Navy | ND03-01367

    Original file (ND03-01367.rtf) Auto-classification: Denied

    No indication of appeal in the record.930203: 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 your service record.930205: Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board. Evidence of continuing educational pursuits, a positive employment record,...

  • NAVY | DRB | 2002_Navy | ND02-01016

    Original file (ND02-01016.rtf) Auto-classification: Denied

    Due to his poor military performance and continued drug and alcohol abuse FR (Applicant) has no potential for future naval service.900427: Drug and Alcohol Screening: Applicant is psychologically drug/alcohol dependent and recommended for separation and VA treatment for dependence. 900522: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to a pattern of misconduct, drug abuse, and...

  • NAVY | DRB | 2001_Navy | ND01-01112

    Original file (ND01-01112.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 020328. 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).Issue 1 states: “At the time of offenses committed I had been drinking and the offenses would not have been committed had I not been drinking.” The applicant was guilty at NJP on two separate occasions for violation of the UCMJ. ...

  • NAVY | DRB | 2001_Navy | ND01-00181

    Original file (ND01-00181.rtf) Auto-classification: Denied

    ND01-00181 Applicant’s Request The application for discharge review, received 001130, requested that the characterization of service on the discharge be changed to honorable. 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’s issue states: “(Equity Issue) This former member request that the Board include provisions of SECNAVINST 5420.174C., enclosure...

  • NAVY | DRB | 2003_Navy | ND03-01413

    Original file (ND03-01413.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered: Letter from Applicant PART II - SUMMARY OF SERVICE Prior Service (component, dates of...