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NAVY | DRB | 2001_Navy | ND01-00413
Original file (ND01-00413.rtf) Auto-classification: Denied


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



ex-AMSAR, USN
Docket No. ND01-00413

Applicant’s Request
The application for discharge review, received 010215, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed. The applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region. The applicant requested Veterans of Foreign Wars representation at the hearing.

Decision

A personal appearance discharge review hearing was conducted in Washington, D.C. on 011001. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety in the characterization of the applicant’s service at the time of issue. After review of the applicant’s entire record specifically including evidence of significant post service conduct, the Board found the Other Than Honorable Discharge inequitable. The Board’s vote was unanimous to change the character of the discharge to Under Honorable Conditions (General) but the reason for discharge shall remain the same. The Board determined that the applicant’s misconduct was too significant to grant full relief to an Honorable discharge. The discharge shall read: UNDER HONORABLE CONDITIONS (GENERAL)/MISCONDUCT – Commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. Clemency due to post service.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of First Responder Certification Examination Results
Copy of Notice of Certification (First Responder)
Copy of Certificate of Training (Arson Detection First Responder)
Copy of Certificate of Training (Incident Safety Officer)
Copy of Certificate of Training (First Responder Awareness)
Copy of Certificate of Training (16 hours DCNR Wilderness Search & Rescue -Search Responder)
Copy of Certificate of Training (16 hours Fire Fighter Survival)
Copy of Certificate of Training (6.5 hours Intro to Safety & Training System)
Copy of Certificate of Training (88 hours Essentials Module)
Copy of Certificate of Training (16 hours Vehicle Fire and Other Emergencies)
Copy of Certificate of Training (3 hours Carbon Monoxide Detector Response)
Copy of Certificate of Training (16 hours Structural Fire Rescue)
Copy of Certificate of Training (16 hours Flammable Liquid Firefighting)
Copy of Certificate of Training (16 hours Trench Rescue)
Copy of Certificate of Training (16 hours Vehicle Rescue)
Copy of Certificate of Training (16 hours Vehicle Rescue II)
Copy of Certificate of Training (16 hours Farm Rescue)
Copy of GED Test Record
Copy of GED Certificate
Copies of Enlisted Performance Evaluation Report
Copy of Citation for Plane Captain of the Month October 1989
Copy of DD Form 215
Copies of DD Form 214 (2)
Reference Letter from President of Horton Volunteer Firefighter Department
Clearfield County Vocational Technical School Certificate of Training (320 Hrs)
        

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     871113 - 871119  COG

 Period of Service Under Review :
Date of Enlistment: 871120               Date of Discharge: 901030

 Length of Service (years, months, days):

         Active: 02 11 11
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 10                        AFQT: 54

 Highest Rate: AMS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.66 (3)    Behavior: 3.40 (5)                OTA : 3.50

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, BER

Days of Unauthorized Absence: 65

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 :

900809:  NJP for violation of UCMJ, Article 86: (2 Specs), UA from 900619-900726 (36days/S), and 900730-900803 (4days/U), violation of UCMJ Article 87: Missed ship's movement.
         Award: Forfeiture of $405.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
900809:  Retention Warning: Advised of deficiency (Repeated violations of the UCMJ, specifically Missing Movement and UA), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
900823:  NJP for violation of UCMJ, Article 86: UA 900818-900820 (2days/S)
         Award: Correctional Custody for 20 days. No indication of appeal in the record.

900824:  To UA 0600.

900827:  From UA 0224 (3 days/A)

900827:  To UA 0400.

900906:  Arrested in Ridgeway, PA for stealing gasoline from local convenience store. Applicant released pending trial.

900915:  From UA 1705 (19 days/S).

 900926:  SCM for violation of UCMJ, Article 86 (2 Specs): UA [duration not specified]; violation of UCMJ Article 90: (4 Specs): Violation of a lawful order, to wit: not going to CCU, not performing ED, wearing civilian clothing, and not mustering for restriction; violation of UCMJ Article 92: Violation of a lawful general regulation, to wit: drank under age; violation of UCMJ Article 134: Broke restriction.
          Sentence: Confinement for 30 days, forfeiture of $587.00 per month for 1 month, reduction to E-1.
                   CA (900926) Approved.

 901003:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
901003:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
901010:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

901025:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
930413:  NDRB documentary record review Docket Number ND92-00384 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

 Discussion

The applicant was discharged on 901030 under Other Than Honorable conditions for misconduct due to Commission of a serious offense (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 although the discharge was determined to be proper and equitable at the time of issue (C and D), that an inequity now exists based on factors listed in SECNAVINST 5420.174, chapter 9, enclosure 1. The Board voted unanimously to upgrade the applicant’s discharge to under Honorable conditions (General). Partial relief is granted.

The Board found that the applicant’s positive post service conduct and significant contributions to the community are a demonstration of his true character. The applicant successfully demonstrated that his misconduct, while serving in the military, was out of character and he is deserving of partial relief. The applicant served 2 years and 11 months of a 4 year enlistment. During his enlistment, the applicant committed all of his misconduct within a 3 month period, resulting in his discharge. The applicant demonstrated that, since his discharge, in addition to his full time job as an over the road truck driver, he consistently dedicates his non-working hours to keeping his community strong through his volunteer service with his local fire and rescue department. The applicant provided substantial documentation demonstrating consistent volunteer community service as an Emergency Medical Technician (EMT) and fire fighter. He has established himself as a model citizen and integral member of the community. The applicant is a qualified EMT and he maintains his substantial qualifications on a yearly basis. The Board noted the applicant’s series of UCMJ infractions while on active duty and due to the serious nature of his misconduct, full relief to an Honorable discharge is not warranted. The characterization of discharge shall change to under Honorable conditions (General). Partial relief granted.

The Board determined that the applicant’s misconduct formed the basis for separation and the reason for discharge accurately describes the reason the applicant was discharged prior to the expiration of his enlistment. To change the reason would be inappropriate. Relief is not warranted.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 8, effective
21 Aug 89 until 14 Aug 91, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

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 " 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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