Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-00703
Original file (ND01-00703.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND01-00703

Applicant’s Request
The application for discharge review, received 010424, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. The applicant requested a personal appearance before the board in the Washington National Capital Region. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 011127. 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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

In the acceptance letter, the applicant was requested to submit issues and supporting documentation within 30 days. None were received.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     890724 - 890803  COG

 Period of Service Under Review :
Date of Enlistment: 890804               Date of Discharge: 920624

 Length of Service (years, months, days):

         Active: 02 10 21
         Inactive: None

 Age at Entry: 26                          Years Contracted: 4

 Education Level: 12                        AFQT: 32

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.27 (3)    Behavior: 3.33 (3)                OTA : 3.27

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, SASM with two Bronze Stars, KLM, NUC

 Days of Unauthorized Absence: 50

 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 :

890809:  Retention Warning: Advised of deficiency (Non-swim qualified.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
900804:  Applicant to unauthorized absence 0700, 4Aug90.

900807:  Applicant missed ship's movement.

900816:  Applicant missed ship's movement.

 901011:  NJP for violation of UCMJ, Article 86: Absent without leave.
         Award: Forfeiture of $350 per month for 2 months, restriction and extra duty for 30 days, reduction to SR. No indication of appeal in the record.
910921:  Applicant to unauthorized absence 0700, 21Sep91.

 910922:  Applicant from unauthorized absence 2145, 22Sep91 (1 day/surrendered).
910930:  Applicant to unauthorized absence 0530-2000, 30Sep91.

911002:  Applicant to unauthorized absence 0700-0900, 2Oct91.
911009:  NJP for violation of UCMJ, Article 86 (4 specs): Unauthorized absence.
         Award: Correctional custody for 30 days. No indication of appeal in the record.
911011:  Applicant to unauthorized absence 0700, 11Oct91.

911111:  Applicant declared a deserter.

 911126:  Applicant apprehended by civil authorities 1607, 26Nov91.

911129:  Applicant returned to military control 1130, 29Nov91 (49 days/apprehended).
911202:  NJP for violation of UCMJ, Article 85: Desertion.
         Award: Forfeiture of $200 per month for 2 months, correctional custody for 30 days, reduction to SR. No indication of appeal in the record.
920522:  NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 35 days. No indication of appeal in the record.
920601:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
920601:          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 and to submit a statement.
920602:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

920608:  BUPERS 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 920624 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).

Issue 1. The applicant introduced no decisional issues for consideration by the Board. Under other than honorable conditions is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he applicant’s service was marred by award of nonjudicial punishment (NJP) for offenses triable by court-martial on four occasions. The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in naval service, and falls short of that required for an honorable characterization of service. An upgrade would be inappropriate. Relief denied.

 The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until
04 Mar 93, 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      


Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-00487

    Original file (ND99-00487.rtf) Auto-classification: Denied

    No indication of appeal in the record.920708: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.920709: Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.920723: Applicant waived his right to an Administrative Discharge Board and representation at the board and to make a...

  • NAVY | DRB | 2002_Navy | ND02-00981

    Original file (ND02-00981.rtf) Auto-classification: Denied

    920601: Applicant to unauthorized absence 0700, 920601.920617: Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. I recommend that he be discharged from the Navy under other than honorable conditions.920626: BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. The Applicant did not submit any...

  • NAVY | DRB | 2006_Navy | ND0600826

    Original file (ND0600826.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). Documentation In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 (Service 2)Applicant’s statement undated PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 19890608 -...

  • NAVY | DRB | 1999_Navy | ND99-00558

    Original file (ND99-00558.rtf) Auto-classification: Denied

    ND99-00558 Applicant’s Request The application for discharge review, received 990312, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. I am requesting that my reentry code to be changed from (RE4) to a code that is eligible for reenlistment.

  • NAVY | DRB | 2005_Navy | ND0500323

    Original file (ND0500323.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered: Applicant’s DD Form 214 Applicant’s resumé (2 pages) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 891013 - 900807 COG Active: None Period of Service Under Review :Date of...

  • NAVY | DRB | 2004_Navy | ND04-00465

    Original file (ND04-00465.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. “Mitigating Circumstances At this time I am requesting a review of my discharge. _______________________________________________________________________ In accordance with 32 C.F.R., section 724.166, and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in...

  • NAVY | DRB | 2002_Navy | ND02-01300

    Original file (ND02-01300.rtf) Auto-classification: Denied

    ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.861030: NJP for violation of UCMJ, Article 86: Unauthorized absence from 0345 –0414, 861020. 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).In the Applicant’s issue 1, (Equity Issue; as it pertains to post-service conduct) the...

  • NAVY | DRB | 2000_Navy | ND00-00163

    Original file (ND00-00163.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 880328 under other than honorable conditions for misconduct due to commission of a serious offense (A and 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 (D and E).The applicant introduced no decisional issues for consideration by the Board. PART IV - INFORMATION...

  • NAVY | DRB | 2000_Navy | ND00-00713

    Original file (ND00-00713.rtf) Auto-classification: Denied

    Award: Forfeiture of $200 per month for 1 month, reduction to SR. No indication of appeal in the record.910903: Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and convenience of the government due to personality disorder. 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...

  • NAVY | DRB | 2004_Navy | ND04-00414

    Original file (ND04-00414.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Statement...