Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-00203
Original file (ND01-00203.rtf) Auto-classification: Denied


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


ex-AA, USN
Docket No. ND01-00203

Applicant’s Request
The application for discharge review, received 001207, 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 010524. 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 stating issues dated Dec 1, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     890919 - 891015  COG
Period of Service Under Review :
Date of Enlistment: 891016               Date of Discharge: 920916

 Length of Service (years, months, days):
         Active: 02 11 01
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 32
Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.86 (3)    Behavior: 3.86 (3)                OTA : 3.83

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 106

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 :

920121:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 920121 having been an unauthorized absentee since 0700, 911201 from USS RANGER (CV-61).
920307:  Report of Return of Deserter. Applicant apprehended by civil authorities at EL Centro U.S. Customs on 920316 (0033. Returned to military control 920316 (0555) onboard USS RANGER (CV-61) at NASNI SDIEGO, CA. Retained onboard for disciplinary action/disposition.
920417:  Special Court Martial
          Charge I: violation of the UCMJ, Article 86: Unauthorized absence 911201 – 920316, [106 days/A.]; Charge II: violation of the UCMJ, Article 87: Missed ship's movement on 911202.
         Findings: to Charge I and II specifications, thereunder, guilty.
          Sentence: CHL for 75 days, forfeiture of $150.00 per month for 3 months, reduction to E-2.
          CA 920513: Sentence approved and ordered executed.

 920417:  To confinement.
         
920527:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
920527:          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.
920604:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

920618:  Released from confinement and restored to full duty, processed for appellate leave.

 920706:  Assistant Secretary of the Navy (MRA) approved applicant discharge other than honorable by reason of misconduct due to commission of a serious offense as a result of conviction by a special-court martial that did not impose a punitive discharge.

920805:  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 920916 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.
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) and certification of non-involvement with civil authorities (police records check) 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), effective 15 Aug 91 until
04 Mar 93, 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 | 2003_Navy | ND03-01005

    Original file (ND03-01005.rtf) Auto-classification: Denied

    ND03-01005 Applicant’s Request The application for discharge review was received on 20030516. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 910723: NJP for violation of UCMJ, Article 86: Unauthorized absence 0500, 910613 to 0730, 910628 (15 days/surrendered).

  • NAVY | DRB | 2002_Navy | ND02-00870

    Original file (ND02-00870.rtf) Auto-classification: Denied

    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:Three pages from service record Applicant's DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: None Active: None Period of Service Under Review...

  • NAVY | DRB | 2002_Navy | ND02-00081

    Original file (ND02-00081.rtf) Auto-classification: Denied

    ND02-00081 Applicant’s Request The application for discharge review, received 011011, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. 920207: USS CONSTELLATION (CV-64) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of...

  • NAVY | DRB | 2001_Navy | ND01-00105

    Original file (ND01-00105.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letter from Applicant (3pgs) Response Letter from Applicant (2pgs) Copy of DD Form 214 Congressional correspondence, dated 22 March 2001 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: NONE Inactive: NONE Period of Service Under Review :Date of Enlistment: 890412 Date of Discharge: 920427 Length of Service...

  • NAVY | DRB | 2000_Navy | ND00-00840

    Original file (ND00-00840.rtf) Auto-classification: Denied

    ND00-00840 Applicant’s Request The application for discharge review, received 000628, 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 (D and E).In response to the applicant’s issue, the Board appreciates the fact that the applicant served to the best of his ability while aboard the USS...

  • NAVY | DRB | 2000_Navy | ND00-00428

    Original file (ND00-00428.rtf) Auto-classification: Denied

    The award of an Other Than Honorable Discharge is both warranted and appropriate. The Board found the applicant’s misconduct significant enough to warrant an Other Than Honorable discharge. The applicant’s third issue states: “The incidents were minor and resulted in no prejudice to the government.” The NDRB found that contrary to the applicant’s issue the offenses for which she was separated are considered serious offenses under the UCMJ and would warrant a punitive discharge if tried at...

  • NAVY | DRB | 2004_Navy | ND04-00462

    Original file (ND04-00462.rtf) Auto-classification: Denied

    ND04-00462 Applicant’s Request The application for discharge review was received on 20040121. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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...

  • NAVY | DRB | 2000_Navy | ND00-00430

    Original file (ND00-00430.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION This was unjust & unfair that only two people went to Captains Mast instead of everyone you bought a meter but didn't admit to paying for it I record was flawless until the USS FORRESTAL.” The NDRB considered this issue and found that it was one of three NJP’s the applicant was found guilty for in his enlistment. Relief is not warranted.The applicant’s second issue states: “I feel many other people were at fault, but only two people took the...

  • NAVY | DRB | 2002_Navy | ND02-00427

    Original file (ND02-00427.rtf) Auto-classification: Denied

    To the board of review my name is A_ A_ (Applicant) and am I asking that my OTH discharge be upgraded to Honorable discharge. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of Certificate of Ordination dated June 12, 1998 Copy of Pastor Appointment Certificate dated June 8, 2001 Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active:...

  • NAVY | DRB | 2000_Navy | ND00-00859

    Original file (ND00-00859.rtf) Auto-classification: Denied

    ND00-00859 Applicant’s Request The application for discharge review, received 000707, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of State of North Carolina Criminal Record Check Resume Character Reference Letters (3) Request Letter from Applicant Copies of DD Form 214 (2) PART II -...