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NAVY | DRB | 2001_Navy | ND01-01002
Original file (ND01-01002.rtf) Auto-classification: Denied


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

ex-ADAR, USN
Docket No. ND01-01002

Applicant’s Request
The application for discharge review, received 010731, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance in the Washington National Capital Region. The applicant did not list any representative on the DD Form 293. Subsequent to the application, the applicant obtained representation from the American Legion.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 020328. 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) This former member opines that his post-service conduct has been sufficiently creditable to warrant the Board’s clemency relief with re characterization of his service period to General (Under Honorable Conditions) as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
ST. Francis Medical Center Letter of Completion dtd 950721
ST. Francis Medical Center Letter of Completion dtd 960123
ST. Francis Medical Center Letter of Completion dtd 960130
Charge Inquiry (Driving Record) 3 pages
Court of Common Pleas of Allegheny County, PA Charge and disposition dtd011107
Academic Transcript, Community College of Allegheny County dtd 011102 (3 pages)
University of Pittsburgh transcript dtd 010323
Pennsylvania Department of Transportation Three Year Driving Record dtd 020302

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     891028 - 900805  COG

 Period of Service Under Review :
Date of Enlistment: 900806               Date of Discharge: 930712

 Length of Service (years, months, days):

         Active: 02 11 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 33

 Highest Rate: ADAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.53 (3)    Behavior: 3.60 (3)                OTA: 3 .60

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, Letter of Commendation, SSDR, SASM

 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 :

900807:  Applicant briefed on Navy's policy on drug and alcohol abuse.

920828:  Civil Conviction: Court of Common Pleas of Allegheny County, Pennsylvania Criminal Division for violation of DUI, DUI with BAC of .27%, reckless driving; underage drinking, driving on the wrong side of the road, passing in no passing zone; driving too fast for conditions.
         A request that applicant be considered for accelerated rehabilitation disposition was granted.
 Sentence: Supervised probation for 24 months with special conditions.
930113:  NJP for violation of UCMJ, Article 91 (2 specs): (1) Insubordinate conduct towards warrant officer, noncommissioned officer or petty officer, having received a lawful order from BMC to "take your records and leave" an order which it was his duty to obey, did willfully disobey the same, (2) Treat with contempt BMC by saying to BMC "you got them, you return them" and turning his back and walking away when told by BMC to "take your records and leave, violation of UCMJ, Article 108: Loss, damage, destruction of wrongful disposition of military property, to wit: willfully destroy by kicking, a door handle and door, a value of $80.00.
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 30 days, reduction to ADAA. Forfeiture suspended for 6 months. Appealed 930121. Appeal denied 930209.

930127:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

930208:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
930210:  Drug and alcohol screening: Recommended for Level II.

 930316:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed a serious offense, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

930428:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

930614:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

930708:  NJP for violation of UCMJ, Article 90 (2 specs): (1) Disobey a lawful command from Lt on 15Jun93, to wit: to clean the deck edge in the head, (2) Disobey a lawful order from AD1 on 15Jun93, to wit: paint a storage locker.
         Award: Forfeiture of $407.40 per month for 2 months, restriction for 45 days, reduction to ADAR. No indication of appeal in the record.
990823:  NDRB documentary record review Docket Number ND98-01166 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930712 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 states: “(Equity Issue) This former member opines that his post-service conduct has been sufficiently creditable to warrant the Board’s clemency relief with re characterization of his service period to General (Under Honorable Conditions) as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.” Based on the applicant’s personal testimony, supplemental documentation provided, as well as his official records, the Board was not convinced that the applicant’s post-service conduct warranted an upgrade to his discharge. The applicant was able to show he is able to sustain himself but notably absent was documentation showing that he provides any community service. Relief is not warranted.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 5, effective
05 Mar 93 until 21 Jul 94, 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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