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NAVY | DRB | 2001_Navy | ND01-00953
Original file (ND01-00953.rtf) Auto-classification: Denied


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

ex-OSSR, USN
Docket No. ND01-00953

Applicant’s Request
The application for discharge review, received 010723, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed Veterans of Foreign Wars as the representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020130. 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. We contend that the discharge is too harsh. In the many years since leaving service the applicant has had no civil offenses. On the contrary he has become a solid citizen. Therefore, we ask that you change the discharge as requested.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from Applicant (2pgs)
Letter from Applicant's Wife
Employment Reference Letter
Criminal Record Check (4pgs)
Letter of Appreciation
Certificate of Achievement
Certificate of Completion (Operation "A" School)
Official Transcript from Sanford Brown Kansas City Campus
Report Card from Sanford Brown Kansas City Campus
Grade History from Sanford Brown Kansas City Campus
Certificate of Achievement (Director's Honor Roll)
Certificate of Achievement (Attendance Award)
Director's List Honor Roll Certificate
Divers Institute of Technology Technical Service Certification
Certificate of Completion (100 hours of Education Curriculum)
Letter of Completion for National Safety Council Job Safety Analysis Training Program
Divers Institute of Technology Diploma
Marriage License (2pgs)
Letter from Veterans of Foreign Wars


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     870415 - 870511  COG

 Period of Service Under Review :
Date of Enlistment: 870512               Date of Discharge: 881108

 Length of Service (years, months, days):

         Active: 01 05 27
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

 Education Level: 12                        AFQT: 82

 Highest Rate: OSSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (1)    Behavior: 2.60 (1)                OTA: 2.80

Military Decorations: None

 Unit/Campaign/Service Awards: AFEM

Days of Unauthorized Absence: None

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 :

871218:  NJP for violation of UCMJ, Article 92: (2 Specs), Violate a lawful general regulation.
         Award: Forfeiture of $200.00 per month for 2 months, restriction and extra duty for 30 days, reduction in rate (suspended for 6 months). No indication of appeal in the record.

880124:  Medical Officer evaluation indicates alcohol abuse, doubt psychological or physical dependence at this time.

880613:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order.
         Award: Reduction to E-1 (suspended for 6 months). No indication of appeal in the record.

880623:  DAAR indicates applicant was found alcohol dependent on medical officer's evaluation.

880914:  Punishment of reduction in rate to OSSR award at CO's NJP of 880613 vacated.

880914:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 87: Missing ship's movement.
         Award: Restriction and extra duty for 30 days. No indication of appeal in the record.

880920:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of alcohol rehabilitation failure and misconduct due to the commission of a serious offense as evidence by your uncooperative attitude, lack of willingness and motivation to participate in alcohol rehab and CO's NJP dated 871218 for violation of UCMJ, Article 92: Violate a lawful general regulation (introduction of alcohol aboard ship); CO's NJP dated 880613 for violation of UCMJ, Article 92: Failure to obey a lawful order (consuming alcohol after being told not to drink) and CO's NJP dated 880914 for violation of UCMJ, Article 86 and 87: Unauthorized absence (14 hours) and missing ship's movement on 880902.
880923:          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.
880930:  Commanding officer recommended discharge under other than honorable conditions by reason of alcohol rehabilitation failure and misconduct due to the commission of a serious offense.

881006:  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 881108 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 states his discharge was too harsh. A characterization of service of 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 three occasions and an adverse counseling entry on another occasion. 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 to honorable 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 provided several documents to support his issue but the Board determined the applicant’s post-service conduct was insufficient 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 15560A), effective 15 Jun 87 until
10 Jan 89, Article 3630600, SEPARATION OF ENLISTED MEMBERS 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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