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NAVY | DRB | 2001_Navy | ND01-00181
Original file (ND01-00181.rtf) Auto-classification: Denied


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

ex-OSSN, USN
Docket No. 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. The applicant requested a documentary record discharge review. The applicant listed the American Legion as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010510. 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. (Equity Issue) This former member request 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 his application.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character reference dated May 31, 2000
Character reference dated September 9, 2000
Character reference dated June 10, 2000
Character reference dated July 14, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USNR              831004 - 831206  HON
         Inactive: USNR            830617 - 831003  Ordered to ACDU

 Period of Service Under Review :
Date of Enlistment: 831207               Date of Discharge: 870218

 Length of Service (years, months, days):

         Active: 03 02 12
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 36

 Highest Rate: OS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.27 (3)    Behavior: 3.20 (3)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, MUC, Letter of Appreciation (2)

 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 :

831005:  Applicant briefed on Navy's policy on drug and alcohol abuse.

 840626:  NJP for violation of UCMJ, Article 86: Absent from appointed place of duty on 24Jun84.
         Award: Restriction and extra duty for 4 days. No indication of appeal in the record.
840628:  Retention Warning: Advised of deficiency (Absent from appointed place of duty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
840926:  Retention Warning: Advised of deficiency (Abuse of alcohol.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
841025:  NJP for violation of UCMJ, Article 86: Absence from place of duty on 21Oct84.
         Award: Forfeiture of $100 per month for 1 month, reduction to OSSR. Reduction suspended for 1 month. No indication of appeal in the record.
841101:  Applicant notified completed treatment for alcoholism at Naval Alcohol Rehabilitation Center Jacksonville, FL.
861229:  NJP for violation of UCMJ, Article 121: Larceny, violation of UCMJ, Article 108: Loss of government property, to wit: military ID card.
         Award: Forfeiture of $421 per month for 2 months, restriction and extra duty for 45 days, reduction to OSSN. No indication of appeal in the record.
870130:  NJP for violation of UCMJ, Article 134: Unauthorized possession of military I.D. card on 5Jan87.
         Award: Forfeiture of $200 per month for 1 month, oral reprimand. No indication of appeal in the record.
870105:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct and misconduct due to the commission of a serious offense.
870106:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

870131:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct and by misconduct due to the commission of a serious offense.

870205:  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 870218 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: “(Equity Issue) This former member request 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 his application.” While the NDRB is authorized to consider post service conduct in the request for an upgrade to discharge, the Board did not find the applicant’s four character references significant enough to warrant an upgrade. Normally, the Board looks for documentation to support sobriety, community service, educational pursuits and clean criminal background checks. Relief is not warranted.

 The applicant 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 15560A, Change 4/86, effective
06 Oct 86 until 14 Dec 86), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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      


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