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NAVY | DRB | 2001_Navy | ND01-00487
Original file (ND01-00487.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND01-00487

Applicant’s Request
The application for discharge review, received 010306, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 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

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:
Applicant's letter dated February 21, 2001
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     990209 - 990312  ELS
 USNR (DEP)      990316 - 990425  COG
Period of Service Under Review :
Date of Enlistment: 990426                        Date of Discharge: 000614

 Length of Service (years, months, days):

         Active: 01 01 19
         Inactive: None

 Age at Entry: 17 Parental Consent                Years Contracted: 4

 Education Level: 10                                 AFQT: 35

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 1.00 (1)                OTA: 1.83

 Military Decorations: None

 Unit/Campaign/Service Awards: NER

 Days of Unauthorized Absence: 69

 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 :

990907:  Applicant to unauthorized absence 0700, 7Sep99.

 990912:  Applicant from unauthorized absence 2345, 12Sep99 (5 days/surrendered).
000217:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86 (4 specs):
         Specification 1: Unauthorized absence from 0700, 1Nov99 to 1845, 3Nov99 (2 days/surrendered)).
 Specification 2: Unauthorized absence from 1845, 4Nov99 to 2030, 13Nov99 (9 days/surrendered).
Specification 3: Unauthorized absence from 1845, 22Nov99 to 1925, 20Dec99 (28 days/surrendered).
Specification 4: Unauthorized absence from 0900, 23Dec99 to 0800, 18Jan00 (25 days/surrendered).
          Charge II: violation of the UCMJ, Article 87:
         Specification: Miss ship's movement.
         Finding: to Charge I and II the specifications thereunder, guilty.
         Sentence: Confinement for 30 days.
         CA action 000223: Sentence approved and ordered executed.

000228:  Retention Warning: Advised of deficiency (On 17 February 2000, you appeared at Summary Court-Martial for Violation Article 86 (4 specifications) - Unauthorized absence and Article 87 - Missing ship's movement.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
000303:  Applicant released from confinement having served 16 days of 30 day sentence. Applicant given 2 days credit for good behavior. Remainder of confinement changed to restriction.

000410:  NJP for violation of UCMJ, Article 95: Resisting apprehension, violation of UCMJ, Article 134: Drunk and disorderly conduct.
         Award: Restriction for 60 days, reduction to AR. No indication of appeal in the record.
000429:  NJP for violation of UCMJ, Article 86 (5 specs): Failure to go to appointed place of duty, to wit: restricted personnel muster.
         Award: Forfeiture of $200 per month for 1 month. No indication of appeal in the record.
000509:  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.
000509:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
000508:  Commanding officer recommended 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.

000520:  Commander, Cruiser-Destroyer Group 8 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 000614 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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