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NAVY | DRB | 2001_Navy | ND01-00285
Original file (ND01-00285.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND01-00285

Applicant’s Request
The application for discharge review, received 010109, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to (left blank). 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 010615. 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 and the reason for 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:
Character reference from applicant's grandmother dated December 15, 2000
Character reference from applicant's aunt dated December 14, 2000
Character reference from applicant's step father dated December 15, 2000
Character reference from applicant's mother, undated

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     841026 - 850812  COG

 Period of Service Under Review :
Date of Enlistment: 850813               Date of Discharge: 870320

 Length of Service (years, months, days):

         Active: 01 07 08
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 26

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF*            OTA: NMF

Military Decorations: None

 Unit/Campaign/Service Awards: None

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 :

861030:  Retention Warning: Advised of deficiency (Pattern of disrespect to officers and senior petty officers, episodes of unauthorized absence, and the results of a recent psychiatric evaluation.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

861114:  NJP for violation of UCMJ, Article 92: Willful disobedience of a petty officer on 27Sep86.
         Award: Restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.
861114:  Retention Warning: Advised of deficiency (Disobedience of a petty officer, unkept and soiled uniforms and improper sea bag and habits of poor personal hygiene, and CO's NJP dated 14 November 1986 for disobeying a Chief Petty Officer in not obtaining a proper watch standing uniform to perform your military duties all reflect a pattern of misconduct and unhealthy hygiene habits.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

861119:  NJP for violation of UCMJ, Article 113: Sleeping on post on 19Nov86.
         Award: Forfeiture of $319.50 per month for 1 month, bread and water for 3 days. No indication of appeal in the record.
861219:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 89: Disrespect towards a superior commissioned officer, violation of UCMJ, Article 91: Disobeying a lawful order.
         Award: Bread and water for 3 days. No indication of appeal in the record.
861206:  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 unsatisfactory performance.
861206:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, applicant failed to respond to the notice of an admin board procedure proposed action, thereby resulting in the waiver of all rights.

870124:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and unsatisfactory performance.

870225:  NJP for violation of UCMJ, Article 86 (2 specs): Failure to go at the time prescribed to appointed place of duty on 20Feb87; violation of UCMJ, Article 91 (2 specs): Failure to obey a lawful order of a petty officer on 20Feb87.
         Award: Forfeiture of $300 per month for 1 month, confinement on bread and water for three days. No indication of appeal in the record.
870308:  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 870320 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 and reason for 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 15560, Change 7/86, effective
15 Dec 86 until 14 Jun 87), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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 89, disrespect 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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