Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-00274
Original file (ND01-00274.rtf) Auto-classification: Denied


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

ex-SM2, USN
Docket No. ND01-00274

Applicant’s Request
The application for discharge review, received 010108, 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 designate a representative on the DD Form 293.

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, authority: NAVMILPERSMAN, Article 3630600, (in absentia).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. My Under Other Than Honorable discharge was inequitable because it was based on one isolated incident in seven years of otherwise exemplary service.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Enlisted Performance Record Service Page (NAVPERS 1070/609) (3 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               890328 - 930325  HON
         Inactive: USNR (DEP)     890325 - 890327  COG

 Period of Service Under Review :
Date of Enlistment: 930326               Date of Discharge: 960417 (in absentia)

 Length of Service (years, months, days):

         Active: 03 00 22 (Doesn't exclude confinement and lost time)
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

Education Level: 10      (Received Adult High School Diploma and attended 2 years of community college

 AFQT: 93

 Highest Rate: SM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4.00 (2)    Behavior: 3.25 (4)                OTA: 3.5

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR (w/Bronze Star), NDSM, SWAM (w/Bronze Star), AFEM

Days of Unauthorized Absence: 26

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MILPERSMAN, Article 3630600 (in absentia).

 Chronological Listing of Significant Service Events :

930326:  Reenlisted for a term of 4 years at San Diego, CA.

950505:  Unauthorized absence from Amphibious Construction Battalion One.

 950531:  Arrested by civil authorities and charged with 3 counts of armed robbery of civilian personnel and business in National City, Ca. Applicant pled guilty to one count of robbery with a weapon, and one count of attempted robbery with a weapon. Applicant waived a trial by jury. Detained in the South Bay Detention Center, San Diego, CA
960306:  Civil Conviction: Superior Court of California, County of San Diego for violation of PC211 - Armed Robbery
 Sentence: 3 years and 8 months in Donovan State Prison Otay Mesa, CA. Member has not appealed his sentence.
960307:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to civil conviction.
960328:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
         Applicant did not object to separation.

960403:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to civil conviction. Commanding officer’s comments (verbatim): "Expeditious separation processing with Other Than Honorable Discharge."

960410:  BUPERS directed the applicant's discharge in absentia under other than honorable conditions by reason of misconduct due to civil conviction.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged in absentia on 960417 under other than honorable conditions for misconduct due to civil conviction (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).

In response to the applicant’s issue, the Board found that the applicant implies that a permissive doctrine exists whereby one in the military is allowed an "isolated incident". The Board believes that the applicant is confusing this with the civilian world wherein some offenses are treated with leniency because they are a first time incident on an otherwise clear record. No such leniency exists in the military. The applicant is responsible for his actions and must accept the consequences of his misdeeds. The Board will not grant relief on the basis of this issue.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (D). The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. 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, Change 9, effective
22 Jul 94 until 02 Oct 96), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT.

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 | 1999_Navy | ND99-00597

    Original file (ND99-00597.rtf) Auto-classification: Denied

    Age at Entry: 19 Years Contracted: 4 Education Level: 12 AFQT: 46 Highest Rate: SM2 Final Enlisted Performance Evaluation Averages (number of marks): Performance: 3.10 (2) Behavior: 3.40 (2) OTA: 3.30 Military Decorations: None Unit/Campaign/Service Awards: SSDR, NAVY"E"MEDAL Days of Unauthorized Absence: 10 Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority:...

  • NAVY | DRB | 2003_Navy | ND03-00396

    Original file (ND03-00396.rtf) Auto-classification: Denied

    ND03-00396 Applicant’s Request The application for discharge review was received on 20030107. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. “Issue: Upgrading my discharge to Honorable Discharge.

  • NAVY | DRB | 2002_Navy | ND02-00849

    Original file (ND02-00849.rtf) Auto-classification: Denied

    930702: BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to civil conviction. You should read Enclosure (5) of the Directive before submitting such a complaint. 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...

  • NAVY | DRB | 2003_Navy | ND03-00115

    Original file (ND03-00115.rtf) Auto-classification: Denied

    ND03-00115 Applicant’s Request The application for discharge review, received 20021022, requested that the characterization of service on the discharge be changed to honorable. 890217: Applicant found not drug dependent by Prison Health Services, Inc.890221: Applicant from unauthorized absence 0800, 890221. Relief is not warranted.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 | 2002_Navy | ND02-01326

    Original file (ND02-01326.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letter from Applicant dated October 14, 2002 Police Record Check Certificate (In Spanish) Transcripts (2) (In Spanish) Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 910912 - 920413 COG Active: USN None Period of Service Under Review :Date of Enlistment: 920414 Date of...

  • NAVY | DRB | 2002_Navy | ND02-01171

    Original file (ND02-01171.rtf) Auto-classification: Denied

    My discharge from the Navy came from a civilian conviction; the US Navy should not give me a dishonorable based on civilian law. 960716: Naval Investigative Service report in service record.960729: Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to civil conviction. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged, in absentia, on 960815 under other than honorable conditions for...

  • NAVY | DRB | 2003_Navy | ND03-00284

    Original file (ND03-00284.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-HTFR, USN Docket No. ND03-00284 Applicant’s Request The application for discharge review, received 20021204, requested that the characterization of service on the discharge be changed to honorable. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged in absentia on 19920601 under other than honorable conditions for misconduct due to commission...

  • NAVY | DRB | 2001_Navy | ND01-00844

    Original file (ND01-00844.rtf) Auto-classification: Denied

    After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to note the contentions as set forth on the application by the appellant of an upgrade of his current Under Other Than Honorable Conditions discharge to that of General, Under Honorable Conditions The record reflects the FSM served in the United States Navy from July 4, 1987 to...

  • NAVY | DRB | 1999_Navy | ND99-00888

    Original file (ND99-00888.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-SN, USN Docket No. 890915: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed a serious offense, that the misconduct warranted separation, and recommended discharge under other than honorable conditions. After a thorough review of the records, supporting documents, facts, and circumstances unique to this...

  • NAVY | DRB | 2000_Navy | ND00-01018

    Original file (ND00-01018.rtf) Auto-classification: Denied

    In the applicant’s issue 6, the Board In the applicant’s issue 8, the Board does not have the authority to grant “clemency.” The Board reviews the propriety (did the USN/USMC follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with the USN/USMC guidance or was the characterization typical of other service members being separated for the same reason) of each applicant’s discharge. At this time, the...