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NAVY | DRB | 2001_Navy | ND01-00449
Original file (ND01-00449.rtf) Auto-classification: Denied


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

ex-MMFR, USN
Docket No. ND01-00449

Applicant’s Request
The application for discharge review, received 010227, 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 010829. 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 1910 - 142 (formerly 3630605).

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 of Commendation

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     940718 - 940907  COG

 Period of Service Under Review :
Date of Enlistment: 940908               Date of Discharge: 980918

 Length of Service (years, months, days):

         Active: 04 00 11
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 44

 Highest Rate: BTFN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, BATTLE"E"RIBBON, AFSM (2), SSDR, NDSM

Days of Unauthorized Absence: 50

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

970724:  NJP for violation of UCMJ, Article 86: UA from unit without authority from 0730 970704 to 0200 970706[2days].
         Award: Forfeiture of $250.00 per month for 2 months, restriction for 45 days (suspended for 6 months), reduction to E-2 (suspended for 6 months). No indication of appeal in the record.

970725:  Retention Warning: Advised of deficiency (Violation of the UCMJ, Article 86, unauthorized absence from unit, as evidenced by your CO's NJP of 970724), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
970807:  15 days restriction and reduction to E-2 awarded at CO's NJP on 970724 and suspended for a period of 6 months, vacated due to continued misconduct.

970807:  NJP for violation of UCMJ, Article 86: UA from unit from 1230, 970725 to 0621, 970728 [2days/S]; violation of UCMJ, Article 134: Breaking restriction on 970725.
         Award: Forfeiture of $250.00 per month for 2 months, restriction and extra duties for 45 days, reduction to E-1 (suspended for 6 months). No indication of appeal in the record.

980311:  NJP for violation of UCMJ, Article 86 Absent from unit without authority 1700, 980228-0730, 980302 [2days].
         Award: Confinement on Bread & Water for 3 days. No indication of appeal in the record.

980729:  NJP for violation of UCMJ, Article 86: (4 Specifications), Absent from unit without authority 980506-980509 [3days/S], 980524-980527[3days/S], 980528-980622[25days/S], 980705-980721[16days/S] , violation of UCMJ Article 87: Missing ship's movement through neglect.
         Award: Forfeiture of $463.00 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.

980821:  NJP for violation of UCMJ, Article 91: Assault consummated by a battery on a PO2 on 980731, violation of UCMJ Article 117: Provoking speeches on 980731.
         Award: Forfeiture of $200.00 per month for 1 month, restriction and extra duty for 15 days. No indication of appeal in the record.

980822:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct and misconduct due to the commission of a serious offense.
980822:          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 submit statements to the Administrative Board or to the separation authority in lieu of a board and to obtain copies of the documents used to support the basis for the separation.
980903:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the pattern of misconduct and misconduct due to commission of a serious offense.

980904:  COMLOGGRU TWO authorized 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 980918 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 the discharge was proper and equitable (C and D).

The applicant introduced no decisional issues for consideration by the Board.

 The NDRB is authorized to consider post-service factors in the re characterization of a discharge. 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 failed to provide documentary evidence to demonstrate his sobriety, positive community service, employment history, and clean police record. Relief is not warranted.

The applicant 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 recommended .



Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until 29 March 2000, Article 1910-142 [formerly 3630605]. SEPARATION 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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