Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-00578
Original file (ND01-00578.rtf) Auto-classification: Denied


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

ex-AN, USN
Docket No. ND01-00578

Applicant’s Request
The application for discharge review, received 010327, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing before a traveling panel closest to Memphis, TN. The applicant listed Shelby County Veterans Services as the 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 hearings are held in the Washington DC area. The 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 011214. 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. Falsely accused of being 3 1/2 days UA, when I was present at work at my duty station.

2. Falsely accused of being 8 hrs and 55 minutes UA on 8 Apr 94, when I was only 10 minutes late.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant dated March 19, 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)     910404 - 910826  COG

 Period of Service Under Review :
Date of Enlistment: 910827               Date of Discharge: 940520

 Length of Service (years, months, days):

         Active: 02 08 24
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 88

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.45 (4)    Behavior: 3.40 (4)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 11

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):
GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

920218:  Applicant to unauthorized absence from 0730, 18Feb92.

 920225:  Applicant from unauthorized absence 0730, 25Feb92 (7 days/surrendered).
920720:  Applicant to unauthorized absence 0730, 20Jul92.

920721:  Applicant from unauthorized absence 0730, 21Jul92 (1 day/surrendered).

940407:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 1000, 17Mar94 to 0110, 21Mar94 (3 days/surrendered).
         Award: Restriction for 30 days, reduction to SA. Punishment suspended for 6 months. No indication of appeal in the record.
940407:  Retention Warning from Patrol Squadron Twenty-Four: Advised of deficiency (Unauthorized absence from appointed place of duty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

940408:  Applicant failed to report at 0700, 8Apr94 to the squadron Physical Readiness Test. Applicant reported onboard at 1555, 8Apr94 (8 hrs and 55 mins).

 940426:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700-1555, 8Apr94, violation of UCMJ, Article 92: Derelict in the performance of duty on 21Apr94, to wit: failed to maintain berthing space according to the standards of NASJAXINST 1103.1A and failed room inspection.
         Award: Oral reprimand, restriction for 30 days. Restriction suspended for 6 months. No indication of appeal in the record.
940426:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to minor disciplinary infractions as evidenced by commanding officer's nonjudicial punishment of 26 April 1994.
940428:  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.
Undated:         Commanding officer recommended discharge general (under honorable conditions) by reason of misconduct due to minor disciplinary infractions.

940505:  BUPERS directed the applicant's discharge general (under honorable conditions) by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940520 general (under honorable conditions) due to minor disciplinary infractions (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 issues 1 and 2 dispute the basis of his NJP’s. He states in these issues that he was not UA but he provided no documentation to support his issues. The Board assumed regularity in the conduct of government affairs. Relief is denied.

The NDRB did note an administrative error in the discharge. The applicant was discharged for minor disciplinary infractions. He should have been discharged for commission of a serious offense. Since the NDRB will not lower the discharge, the reason for discharge shall remain the same. Relief is denied.

 Pertinent Regulation/Law (at time of discharge)

 A. The 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.
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      


Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-00499

    Original file (ND99-00499.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-SR, USNR Docket No. ND99-00499 Applicant’s Request The application for discharge review, received 990224, requested that the characterization of service on the discharge be changed to honorable. Accordingly, the reason for discharge shall change to Honorable/ Secretary Plenary Authority, MILPERSMAN 3630900.

  • NAVY | DRB | 2002_Navy | ND02-01201

    Original file (ND02-01201.rtf) Auto-classification: Denied

    ND02-01201 Applicant’s Request The application for discharge review, received 020820, requested that the characterization of service on the discharge be changed to general/under honorable conditions. discharge. Naval Council of Personnel Boards Attn: Naval Discharge Review Board 720 Kennon Street SE Rm 309 Washington Navy Yard DC 20374-5023

  • NAVY | DRB | 2001_Navy | ND01-00267

    Original file (ND01-00267.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 010601. Issues Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. You may view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.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...

  • NAVY | DRB | 1999_Navy | ND99-00117

    Original file (ND99-00117.rtf) Auto-classification: Denied

    910115: NJP for violation of UCMJ, Article 86: Unauthorized absence 0715-1323, 90Dec03, violation of UCMJ, Article 92: Possess two ID cards on 90Sep23, violation of UCMJ, Article 123: Falsely sign an official document on 90Sep23, violation of UCMJ, Article 134: Drunk on duty on 90Dec18. 910722: USS CARL VINSON (CVN 70) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by your...

  • NAVY | DRB | 2001_Navy | ND01-00068

    Original file (ND01-00068.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letter from applicant dated October 2, 2000 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 880506 - 880925 COG Period of Service Under Review :Date of Enlistment: 880926 Date of Discharge: 910702 Length of Service (years, months, days): Active: 02 09 07 Inactive: None Age at Entry:...

  • NAVY | DRB | 2001_Navy | ND01-00108

    Original file (ND01-00108.rtf) Auto-classification: Denied

    ND01-00108 Applicant’s Request The application for discharge review, received 001030, requested that the characterization of service on the discharge be changed to honorable. Unfortunately, it took close to 30 days for the request to be returned to me. The Board found that a General, under honorable conditions, discharge accurately characterized the applicant’s service.

  • NAVY | DRB | 2001_Navy | ND01-00622

    Original file (ND01-00622.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-BTFR, USN Docket No. Sincerely, Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Eight pages from applicant's service record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 850427 - 850624 COG Period of Service Under Review :Date of...

  • NAVY | DRB | 1999_Navy | ND99-00176

    Original file (ND99-00176.rtf) Auto-classification: Denied

    Unauthorized absence1245, 7Apr84.840424: Substance Abuse Report: Marijuana abuse, less than monthly, Jan80-Mar84, ashore off duty, urinalysis. 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 (D and E).In response to the applicant’s issue 1 of post-service clemency, the Board found that the applicant’s post-service conduct was not sufficient to warrant an upgrade. The...

  • NAVY | DRB | 2004_Navy | ND04-00429

    Original file (ND04-00429.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. 950404: Reduction to E-3 awarded at CO’s NJP of 941104 vacated this date due to continued misconduct.

  • NAVY | DRB | 2002_Navy | ND02-00886

    Original file (ND02-00886.rtf) Auto-classification: Denied

    ND02-00886 Applicant’s Request The application for discharge review, received 020607, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Letter of recommendation dated February 26, 2002Applicant's DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of...