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NAVY | DRB | 2001_Navy | ND01-00461
Original file (ND01-00461.rtf) Auto-classification: Denied


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

ex-ICFA, USN
Docket No. ND01-00461

Applicant’s Request
The application for discharge review, received 010227, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance hearing discharge review before a traveling panel closest to San Diego, CA. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearing are held in the Washington, DC Area. The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010907. 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

 1. I am in clear understanding of the UCMJ and the actions surrounding my conduct. Accomplishing my obligated time under a voluntary contract I followed all of the orders given to me. I followed the leadership that was provided and attempted to pool from the resources that were available requested a transfer, a alcohol TAD orders on any immediate relocation that would allow a removal of the poor start that was an unacceptable finish.

2. I actually depended upon the guidance given to lead me to success. That was not the case. I was instead harassed and railroaded to defend my decisions and not given the same treatment as my peers. Service to my country is important to me and something that I pride, this is the reason I volunteered.

3. Honor, courage, commitment are traits I was raised upon and re-introduced to when joining the Navy. It appears that I have been removed from an opportunity to serve on active duty, although serving as reserve would accomplish what wasn't during my enlistment.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Reference/Recommendation Letters (2)
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     960805 - 961121  COG

 Period of Service Under Review :
Date of Enlistment: 961122               Date of Discharge: 990707

 Length of Service (years, months, days):

         Active: 02 07 06
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 12                        AFQT: 31

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.00 (3)    Behavior: 2.33 (3)                OTA: 2.83 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, NAVY"E"RIBBON, NUC

 Days of Unauthorized Absence: 27

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 :

980903:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 1545-2215, 980824.
         Award: Restriction and extra duty for 30 days, reduction to E-2. No indication of appeal in the record.

990617:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 990501-990601 (27 days/S), violation of UCMJ Article 87: Missing ship's movement; violation of UCMJ Article 92: Failure to obey lawful order, violation of UCMJ Article 112a: Wrongful use of marijuana.
         Award: Restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
990623:  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 misconduct drug abuse.
990623:          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.
990701:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and misconduct drug abuse.

990706:  Commander, Navy Region Northwest 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 970707 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’s first issue states: “I am in clear understanding of the UCMJ and the actions surrounding my conduct. Accomplishing my obligated time under a voluntary contract I followed all of the orders given to me. I followed the leadership that was provided and attempted to pool from the resources that were available requested a transfer, a alcohol TAD orders on any immediate relocation that would allow a removal of the poor start that was an unacceptable finish.” The applicant’ s statement that she completed her enlistment is not true. The record shows she served 2 years 7 months of a 4 year contract. Additionally, there is no evidence documenting a request for a transfer. The record shows the applicant demonstrated a willful disregard for military discipline while on active duty. The applicant had two NJP’s in her enlistment. Her offenses included a period of unauthorized absence of 27 days, Violation of UCMJ Article 87, 92, and 112a. Relief is not warranted.

The applicant’s second issue states: “I actually depended upon the guidance given to lead me to success. That was not the case. I was instead harassed and railroaded to defend my decisions and not given the same treatment as my peers. Service to my country is important to me and something that I pride, this is the reason I volunteered.” The Board found this issue without merit. There is nothing in the record to support the applicant’s allegation of harassment or being “railroaded.” The record indicates the applicant was not willing to abide by the UCMJ while on active duty. Relief is denied.

The applicant’s third issue states: “Honor, courage, commitment are traits I was raised upon and re-introduced to when joining the Navy. It appears that I have been removed from an opportunity to serve on active duty, although serving as reserve would accomplish what wasn't during my enlistment.” The Board found this issue non decisional. The Board will not change a discharge in order for an applicant to enlist in the reserves. Relief is not warranted.

 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 her 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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