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NAVY | DRB | 2001_Navy | ND01-00849
Original file (ND01-00849.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND01-00849

Applicant’s Request
The application for discharge review, received 010613, requested that the characterization of service on the discharge be changed to honorable. 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 020110. 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 HONORABLE CONDITIONS (GENERAL)/Misconduct - convicted by a civil court for offense(s) occurring during current term of military service, authority: MILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I, (applicant) am requesting an upgrade on my separation from under honorable to Honorable. I feel that me being discharged wasn’t fair 10 years ago but life is life and I’ve accepted the fact that things always happen for a reason being morally wrong was my down fall I lost out on a great military career but that life. In the last 10 years I haven’t done anything wrong my only wrong is traffic tickets I have no felony’s I’m a good person in society I have two kids I work Im taking video production classes Im almost done I own my own business I think Im doing great in my mind if you can please grant me my upgrade I really don’t know If I wrote the down correct way but this is the only way I know what to do.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     900927 - 901106  COG

 Period of Service Under Review :
Date of Enlistment: 901107               Date of Discharge: 910819

 Length of Service (years, months, days):

         Active: 00 09 13
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 11 GED           AFQT: 32

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct -convicted by a civil court for offense(s) occurring during term of military service, authority: MILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

910309:  Applicant to unauthorized absence 1000, 9Mar91.

 910322:  Applicant from unauthorized absence 1530, 22Mar91 (13 days/surrendered). Period of unauthorized absence administratively charged as lost time.
910322:  Civil Conviction: State of Illinois, Circuit Court of the Nineteenth Judicial Circuit, Lake County for violation of criminal sexual abuse.
 Sentence: Supervised probation for 1 year, jail for 14 days, public service for 100 hours, evaluation by the Community Youth Network, probation service fee $300.00 and court cost.
910424:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to civil conviction as evidenced by your State of Illinois, County of Lake, General Number 91 CF 554, Certified Statement of Conviction of 12 April 1991.
910424:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
910520:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to a civil conviction, that the misconduct warranted separation, and recommended retention.

910530:  Commanding officer recommended discharge under honorable conditions (general) by reason of misconduct due to civil conviction.

920726:  Chief of Naval Personnel forward recommendation for discharge to Assistant Secretary of the Navy (Manpower and Reserve Affairs).

910801:  Assistant Secretary of the Navy (Manpower and Reserve Affairs) approved applicant's discharge under honorable conditions (general) by reason of misconduct due to civil conviction.

910805:  BUPERS directed the applicant's discharge under honorable conditions (general) by reason of misconduct due to civil conviction.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 910819 under honorable conditions (general) for misconduct due to civil conviction (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 requested a change in discharge based on his post service accomplishments. 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 positive community service, employment history, and clean police record. Relief is not warranted.

The applicant remnains 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. The Naval Military Personnel Manual, (NAVPERS 15560A, Change 8, effective
21 Aug 89 until 14 Aug 91) 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

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