Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-00130
Original file (ND01-00130.rtf) Auto-classification: Denied


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

ex-OSSN, USN
Docket No. ND01-00130

Applicant’s Request
The application for discharge review, received 001108, 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 010503. 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, 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:
Statement from applicant
Copy of DD Form 214
Eight pages from applicant's service record
Copy of Letter of Commendation dated January 11, 1993
Copy of Letter of Commendation dated October 29, 1992
Copy of Letter of Commendation dated July 6, 1992
Copy of Letter of Commendation dated February 13, 1992
Copy of Letter of Commendation dated November 20, 1991
Copy of Letter of Commendation dated August 30, 1991
Copy of Navy Achievement Medal
Copy of Good Conduct Award dated January 27, 1990
Copy of certificate of Award of Honor dated May 12, 1993
Copy of certificate of appreciation June 1, 1992
Copy of certificate of appreciation March 16, 1992
Copy of certificate of appreciation
Copy of certificate of achievement dated June 1, 1989
Copy of letter of commendation dated July 20, 1993
Copy of letter of commendation for 1 January 1993 to 31 March 1993

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        800912 - 801016  HON
                  USN                       860127 - 891004  HON
         Inactive: USNR (DEP)     800829 - 800911  COG
                  USNR (DEP)      860116 - 860126  COG

 Period of Service Under Review :
Date of Enlistment: 891005               Date of Discharge: 940328

 Length of Service (years, months, days):

         Active: 04 05 24
         Inactive: None

 Age at Entry: 27                          Years Contracted: 6

 Education Level: 9 GED            AFQT: 81

 Highest Rate: 0S2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.90 (4)    Behavior: 3.90 (4)                OTA: 3.90

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, SSDR, MUC, BER, NAM, Letter of Commendation (8 th Gold Wreath), NDSM

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.





 Chronological Listing of Significant Service Events :

931126:  NJP for violation of UCMJ, Article 91: Disrespect to a superior commissioned officer, violation of UCMJ, Article 92: Failure to obey a lawful order, violation of UCMJ, Article 134: Disorderly conduct - drunkenness.
         Award: Forfeiture of $685 per month for 2 months, reduction to OS3. Reduction suspended for 6 months. No indication of appeal in the record. [Extracted from CO's letter dated 9 March 1994.]
940301:  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 alcohol rehabilitation failure.
940301:          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.
940309:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol rehabilitation failure. Commanding officer’s comments (verbatim): Petty Officer (applicant's) performance has been deteriorating considerably over the past year, both professionally and in general military bearing. Petty Officer (applicant) completed Level III Alcohol Rehabilitation Treatment in December 1990 at Alcohol Rehabilitation Center, Naval Air Station, Jacksonville, Florida, after being medically diagnosed as being alcohol dependent. At present OS2 (applicant's) medical record cannot be produced as the member states he lost it. Petty Officer (applicant) denies that he has an alcohol problem despite the steady decline in his military and professional performance. He was scheduled to attend a CAAC screening on 3 February 1994 which he failed to attend. In view of Petty Officer (applicant's) continued alcohol abuse and his violations of the UCMJ, recommend he be discharged from the Naval service with the character of discharge that his service record warrants.

940321:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

940324:  Applicant declined drug rehabilitation treatment at VA prior to discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 940328 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 introduced no decisional issues for consideration by the Board.

The following is provided for the applicant’s edification. The Board was impressed with the applicant’s accomplishments while in the Navy, however, the Board needs to have documentation of what the applicant has done to better his life since his discharge. 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 (E). 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 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 92, failure to obey a lawful order, 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 | 2000_Navy | ND00-00197

    Original file (ND00-00197.rtf) Auto-classification: Denied

    Applicant did not object to separation.960216: Commanding officer recommended discharge General (under Honorable conditions) by reason of alcohol abuse rehabilitation failure and misconduct due to the Commission of a serious offense. The NDRB reviews the propriety (did the Navy follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with Navy guidance or was the characterization typical of other service...

  • NAVY | DRB | 2001_Navy | ND01-00047

    Original file (ND01-00047.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :941114: NJP for violation of UCMJ, Article 92: Violated a lawful general regulation, to wit: Article 1159, U.S. Navy Regulations by possessing a firearm on board a Naval installation on 27Sep94. 951214: 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 commission of a serious offense, that the...

  • NAVY | DRB | 2000_Navy | ND00-01071

    Original file (ND00-01071.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).The applicant’s issue states: “I feel my discharge was improper because, I was discharged for misconduct that I did not commit. While the applicant’s service record shows various decorations, his documented misconduct outweighed his otherwise creditable service. PART IV - INFORMATION FOR THE APPLICANT If you...

  • NAVY | DRB | 2003_Navy | ND03-01207

    Original file (ND03-01207.rtf) Auto-classification: Denied

    Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. At this time, the Board determined that the documentation submitted by the Applicant does not mitigate his misconduct while on active duty. The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.

  • NAVY | DRB | 1997_Navy | ND97-01346

    Original file (ND97-01346.rtf) Auto-classification: Denied

    ND97-01346 Applicant’s Request The application for discharge review, received 970904, requested that the characterization of service on the discharge be changed to honorable. Regardless of an Administrative Board's recommendation, CHNAVPERS is Separation Authority for members being separated by reason of misconduct due to commission of a serious offense as evidenced by sexual perversion or sexual harassment. In those cases where the commanding officer effects the separation, indicate date...

  • NAVY | DRB | 2004_Navy | ND04-00524

    Original file (ND04-00524.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, authority: NAVMILPERSMAN, Article 3630600.. PART I - APPLICANT’S ISSUES AND DOCUMENTATION As of this time, the Applicant has not provided any documentation for the Board to consider.

  • NAVY | DRB | 2002_Navy | ND02-00540

    Original file (ND02-00540.rtf) Auto-classification: Denied

    ND02-00540 Applicant’s Request The application for discharge review, received 020314, 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, in absentia, on 911126 under other than honorable conditions for misconduct due to commission of a serious offense (A). The Applicant is reminded that he remains eligible for a personal...

  • NAVY | DRB | 2005_Navy | ND0500243

    Original file (ND0500243.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. No indication of appeal in the record.910707: Applicant admitted to alcohol rehabilitation department with a diagnosis of alcohol dependence.910816: Applicant discharged from inpatient hospitalization with an aftercare treatment plan.921219: Applicant screened by CAAC as a result of a DUI 921028, with a BAC of .19.930211: Civil Conviction: General...

  • NAVY | DRB | 1999_Navy | ND99-01242

    Original file (ND99-01242.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :831215: NJP for violation of UCMJ, Article 107: False official statements on 7 Dec83, to wit: alter an official document by placing his own photograph on another service member's identification card. 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 determined this issue is...

  • NAVY | DRB | 1999_Navy | ND99-00944

    Original file (ND99-00944.rtf) Auto-classification: Denied

    ND99-00944 Applicant’s Request The application for discharge review, received 990620, requested that the characterization of service on the discharge be changed to honorable. 900223: VA discharge instructions: Diagnoses: Alcohol dependence, depression, tension headaches.910520: Applicant returned from deserter status 1230, 20May91 (502 days/surrendered). 910606: Unauthorized absence from 2 January 1990 to 20 May 1991 will continue to be considered lost time for administrative...