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NAVY | DRB | 2001_Navy | ND01-00238
Original file (ND01-00238.rtf) Auto-classification: Denied


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

ex-AN, USNR
Docket No. ND01-00238

Applicant’s Request
The application for discharge review, received 001220, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review before a traveling panel closest to Jacksonville, FL. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearing are held in the Washington DC, Area. The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010601. 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 (2pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     None

 Period of Service Under Review :
Date of Enlistment: 890419               Date of Discharge: 920826

 Length of Service (years, months, days):

         Active: 02 11 16
         Inactive: 00 02 10

 Age at Entry: 18                          Years Contracted: 8

Education Level: 11                        AFQT: 35

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (5)    Behavior: 2.96 (5)                OTA : 3.12

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASMwb*

Days of Unauthorized Absence: 115

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 :

890629:  Ordered to active duty for 36 months under the Active Mariner program.
890731:  DAAR indicates marijuana abuse as a result of service directed urinalysis, dependency not determined, recommended for retention and Level I treatment not including NADSAP.

910118:  Civil Conviction for leaving the scene of accident with property damage, no driver's license, no proof of insurance [Extracted from CO's message].

911026:  Civil Conviction for driving while license suspended, faulty equipment, no proof of insurance, Capias -leaving the scene of an accident. Capias -No drivers license.
         Sentence: Served 5 days in Duval County Jail [Extracted from CO's message].

911126:  NJP for violation of UCMJ, Article 86: UA on or about 0930, 911014, 2130, 911023, 0800, 911026, 2330, 911026.
         Award: CC for 30 days, forfeiture of 1/2 pay per month for 2 months (suspended for 6 months), reduction to next inferior pay grade (suspended for 6 months). No indication of appeal in the record.
920201:  Civil Conviction for theft; stolen license tag, driving while license suspended, faulty equipment [Extracted from CO's message].
        
920218:  Civil Conviction for driving while license suspended, faulty equipment, violation of probation for leaving the scene of an accident [Extracted from CO's message].

920318:  Applicant stopped onboard Naval Air Station Jacksonville, Jacksonville, Florida for a moving violation. It was then discovered through a registration check that the license tag was stolen. Base security promptly reported the member to the Jacksonville Sheriff's Officer. After receiving base command authorization for search and seizure of the members vehicle, the search revealed six seeds confirmed to be marijuana [Extracted from CO's message].

920319:  Civil Conviction for petit theft (stolen license tag), unlawful use of tag.
         Sentence to 90 days in Duval County Jail.
         Member has neither appealed nor intends to appeal said charges. Member served 45 days in Duval County Jail before released. Member was UA from Patron Squadron FORTY-FIVE for 45 days [Extracted from CO's message].

920415:  Apprehended by Civil Authorities for violation of probation.

920511:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a commission of a serious offense as evidenced by your unauthorized absence of greater than thirty days while confined in the Duval County Jail for 90 days, misconduct due to drug abuse as evidenced by all drug incidents in your current enlistment, and misconduct due to pattern of misconduct as evidenced by all your punishments under the UCMJ in your current enlistment to include CO's NJP and five counts of misdemeanor offenses.
920511:          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.

920625:  Surrendered to military control at 0630, 920625 at Patron Four Five, NAS Jacksonville, FL. Retained onboard for disciplinary action.

920706:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a commission of a serious offense as evidenced by your unauthorized absence of greater than thirty days while confined in the Duval County Jail for 90 days, misconduct due to drug abuse as evidenced by all drug incidents in your current enlistment, and misconduct due to pattern of misconduct as evidenced by all your punishments under the UCMJ in your current enlistment to include CO's NJP and five counts of misdemeanor offenses.

920731:  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 920826 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 (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 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      


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