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NAVY | DRB | 2001_Navy | ND01-00873
Original file (ND01-00873.rtf) Auto-classification: Denied


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


ex-AMHAN, USN
Docket No. ND01-00873

Applicant’s Request
The application for discharge review, received 010621, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. The applicant requested a documentary record discharge review. The applicant listed the American Legion as the 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 OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

 1. (Equity Issue) His violations of the UCMJ notwithstanding, this former member opines that his overall service record is sufficient to warrant release under honorable conditions.
2. (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Statement from applicant
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USNR (DEP)     870213 - 870217  COG
Period of Service Under Review :
Date of Enlistment: 870218               Date of Discharge: 891215

 Length of Service (years, months, days):

         Active: 02 09 28
         Inactive: None
Age at Entry: 22                          Years Contracted: 4

 Education Level: 12                        AFQT: 71
Highest Rate: AMH3

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 2.88 (5)    Behavior: 2.88 (5)                OTA : 3.28

 Military Decorations: None
Unit/Campaign/Service Awards: SSDR, MUC

 Days of Unauthorized Absence: 2
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 :

870220:  Applicant briefed on Navy's policy on drug and alcohol abuse.
890731:  Alcohol evaluation: Applicant appears to be psychologically dependent on alcohol. Recommended for Level III treatment.
890908:  Civil conviction by Circuit Court of Duval County, FL for purchase of cocaine on 17Aug89.
          Sentence: Fined $220.00, ordered to complete chemical dependency program, jail for 6 months, adjudication of guilt was withheld and applicant was placed on probation for 18 months. Jail sentence suspended.
890922:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0800, 19Aug89 to 1900, 21Aug89 (2 days/surrendered), violation of UCMJ, Article 109: Destruction of personal property, violation of UCMJ, Article 134: Drunk and disorderly.
         Award: Forfeiture of $429 per month for 2 months, confinement on bread and water for 3 days, reduction to AMHAN. No indication of appeal in the record.
891014:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure and misconduct due to the commission of a serious offense and misconduct due to drug abuse.
891018:  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.
891115:  Commanding officer recommended discharge under other than honorable conditions by reasons of alcohol abuse rehabilitation failure, misconduct due to the commission of a serious offense and misconduct due abuse.
891203:  CNMPC 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 891215 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 Board found the applicant’s civil conviction for buying cocaine constituted the commission of a serious offense. The applicant’s non-judicial punishment for destruction of personal property also constituted the commission of a serious offense. 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. The discharge was proper and equitable. Relief denied.

 Issue 2. The applicant did not provide sufficient documentation to warrant an upgrade to his discharge based upon post-service conduct. 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 15560A), Change 8, effective
21 Aug 89 until 14 Aug 91, 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      


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