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NAVY | DRB | 2001_Navy | ND01-00374
Original file (ND01-00374.rtf) Auto-classification: Denied


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

ex-ETSR, USN
Docket No. ND01-00374

Applicant’s Request
The application for discharge review, received 010207, 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 010615. After a thorough review of the records, 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.

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:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     920519 - 920726  COG

 Period of Service Under Review :
Date of Enlistment: 920727               Date of Discharge: 940310

 Length of Service (years, months, days):

         Active: 01 06 19
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (19 months extension)

 Education Level: 12                        AFQT: 87

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (3)    Behavior: 3.06 (3)                OTA: 3.06

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 23

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

930923:  NJP for violation of UCMJ, Article 92: On or about 930909 was derelict in the performance of duties in that he willfully failed to stay awake, as it was his duty to do so.
         Award: Correctional Custody for 30 days, reduction to E-3. No indication of appeal in the record. Correctional Custody for 30 days is mitigated to 30 days restriction due to being unfit.
931129:  NJP for violation of UCMJ, Article 86 (4 Specs), Spec 1: On or about 0700, 931029 without authority absent himself from his place of duty, to wit: BLDG 352, Galley III, NTC, Orlando, and did remain so absent until on or about 0645, 931103 (4days); Spec 2: On or about 0345, 931111 without authority absent himself from his place of duty, to wit: BLDG 352, Galley III, NTC, Orlando, and did remain so absent until on or about 0445, 931111; Spec 3: On or about 0515, 931113 without authority absent himself from his place of duty, to wit: BLDG 352, Galley III, NTC, Orlando, and did remain so absent until on or about 0600, 931113; Spec 4: On or about 0345, 931115 without authority absent himself from his place of duty, to wit: BLDG 352, Galley III, NTC, Orlando, and did remain so absent until on or about 0745, 931115.
         Award: Forfeiture of $150.00 per month for 2 months, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.

931202:  Medical Officer's evaluation indicates applicant self-referred himself for an alcohol problem. CAAC screening recommended Level III treatment. Medical Officer did diagnosed him as alcohol dependent and recommended Level III Treatment.

931229:  UA from 931229-940107[8days/S]

940113:  UA from 940113-940118 [5days/S].

940119:  UA from 940119-940120 [1day/S].

940122:  Punishment of RIR to SA suspended at CO's NJP of 931129 vacated due to continued misconduct.

940125:  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 alcohol abuse rehabilitation failure evidenced by your failure to complete Level III inpatient treatment.
940125:          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.

940127:  NJP for violation of UCMJ, Article 86: On or about 0900, 940120 without authority absent himself from his place of duty, to wit: BLDG 352, Galley III, NTC, Orlando, and did remain so absent until on or about 1113, 940125 [5days]
 Award: Forfeiture of $416.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
940211:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and convenience of the government on the basis of alcohol rehabilitation failure.

940302:  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 940310 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, 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.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). 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 5, effective
05 Mar 93 until 21 Jul 94, 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 92, for dereliction in the performance of duties, 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 " afls10.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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