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NAVY | DRB | 2001_Navy | ND01-00710
Original file (ND01-00710.rtf) Auto-classification: Denied


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

ex-FR, USNR
Docket No. ND01-00710

Applicant’s Request
The application for discharge review, received 010425, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed to Medical or Put Anything. 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 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, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. My discharge was improper because I honestly am not a thief and I believe that if I was given another chance I would have better represented myself. They made me out to be a bad person who steals. I am a lovable person that gives. And since my discharge I've been working and taking care of my daughter. I've done charity work, volunteered to help homeless people and other great things. And now that I'm out the Navy I just would like to have a clean start. Thank you for reviewing my case, no matter what the decision may be. Thank You Very Much, Sincerely,

 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: None

 Period of Service Under Review :

Date of Enlistment: 980730               Date of Discharge: 990514

 Length of Service (years, months, days):

         Active: 00 09 15
         Inactive: 00 03 00

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 35

 Highest Rate: FR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

Military Decorations: None

 Unit/Campaign/Service Awards: AFSM

 Days of Unauthorized Absence: None

 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 :

990217:  NJP for violation of UCMJ, Article 107: False official statements, violation of UCMJ, Article 121: Larceny, violation of UCMJ, Article 134: Soliciting another to commit an offense.
         Award: Forfeiture of $483 per month for 2 months, restriction and extra duty for 30 days. No indication of appeal in the record.
990223:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
990223:  Applicant advised of his rights and having consulted 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 statements.
990223:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

990302:  NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty on 22Feb99.
         Award: Forfeiture of $50 per month for 1 month. No indication of appeal in the record.
990316:  NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty on 13Mar99.
         Award: Forfeiture of $50 per month for 1 month. No indication of appeal in the record.
990430:  Commander, Submarine Group EIGHT 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 990514 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 issue states: “My discharge was improper because I honestly am not a thief and I believe that if I was given another chance I would have better represented myself. They made me out to be a bad person who steals. I am a lovable person that gives. And since my discharge I've been working and taking care of my daughter. I've done charity work, volunteered to help homeless people and other great things. And now that I'm out the Navy I just would like to have a clean start. Thank you for reviewing my case, no matter what the decision may be. Thank You Very Much, Sincerely.” The applicant’s record shows that he had three NJP’s during his last enlistment. The applicant was found guilty at NJP of serious military offenses including, violation of UCMJ, Article 107, 121, and 134. The applicant did not provide any documentation to show that there was an error in the discharge procedures or that the characterization of his military service was inequitable. Relief based on this issue 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 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 positive community service, employment history, and/or clean police record. Relief is not warranted.

The applicant remains 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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