Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-01112
Original file (ND01-01112.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND01-01112

Applicant’s Request
The application for discharge review, received 010820, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed. 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 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. At the time of offenses committed I had been drinking and the offenses would not have been committed had I not been drinking.

2. I have maintained a clean and sober civilian life since the navy.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Copies from Service Record (15pgs)
Copy of Certificate of Completion (42-day Inpatient Program)
Copy of Criminal History Record Check Request (2pgs)
Discharge Request Letter
Letter from Applicant
Reference Letter from Rescue Mission New Beginnings Team Leader M__ H. O____
Reference Letter from Rescue Mission Executive Team Leader M___ L. C____

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     900320 - 900710  COG

 Period of Service Under Review :
Date of Enlistment: 900711               Date of Discharge: 921110

 Length of Service (years, months, days):

         Active: 02 04 00
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 29

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (2)    Behavior: 2.70 (2)                OTA : 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, SASMw2b*, KLM, NUC, CAR, CGSOR

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 :

920207:  NJP for violation of UCMJ, Article 89: (2 Specs), Disrespect toward a Superior Commissioned Officer by threatening bodily harm to him; violation of UCMJ, Article 91: Disrespect toward a Chief Petty Officer, violation of UCMJ, Article 92: Violation of a lawful general regulation; to wit SECNAVISNT 1700.1C (Alcohol Beverage Control) dtd 860721 by wrongfully consuming alcoholic beverages while under the Hawaii drinking age limit; violation of UCMJ Article 117: (2 Specs), Provoking speeches, violation of UCMJ Article 108: Destruction of government property.
         Award: Forfeiture of $422.00 per month for 1 month, restriction and extra duty for 45 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.
920210:  Retention Warning: Advised of deficiency (CO's NJP of 920207 for violation of Article 91 with 2 Specifications- Disrespect toward a Superior Commissioned Officer and Disrespect toward a Chief Petty Officer; CO's NJP of 920207 for violation of Article 117 with 2 Specifications - Provoking Speeches; CO's NJP of 920207 for violation of Article 92: violation of a general regulation; CO's NJP of 920207 for violation of Article 108: Destruction of government property), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
920928:  NJP for violation of UCMJ, Article 134: Wrongfully commit an indecent act with SN W____ A S___ by performing fellatio on SN S____ on or about 0535, 920826.
         Award: Forfeiture of 392.00 pay per month for 1 month, reduction to E-1. No indication of appeal in the record.
921008:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by disrespect toward a commissioned officer, disrespect toward a chief petty officer, violation of a lawful general regulation and homosexuality due to member engaging in homosexual acts under BUPERSMAN Article 3630600 and 3630400.
921008:          Applicant advised of his rights and having elected 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.
921026:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by disrespect toward a commissioned officer, disrespect toward a chief petty officer, violation of a lawful general regulation and homosexuality due to member engaging in homosexual acts under BUPERSMAN Article 3630600 and 3630400.

921103:  BUPERS 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 921110 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: “At the time of offenses committed I had been drinking and the offenses would not have been committed had I not been drinking.” The applicant was guilty at NJP on two separate occasions for violation of the UCMJ. His misconduct included violation of Articles 89 (disrespect towards a superior commissioned officer), 91 (disrespect towards a Chief Petty Officer), 92 (violation of a general lawful order), 117 (provoking speech), 108 (destruction of government property), and 134 (wrongfully committing an indecent act). The fact that the applicant may have been drinking prior to committing the misconduct is irrelevant. The applicant was held accountable for his actions. The applicant failed to provide any evidence to show that an error occurred during the discharge process or that characterization assigned was inequitable. Relief based on this issue is denied.

 Issue 2 states: “I have maintained a clean and sober civilian life since the Navy.” 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 clemency, based on post-service conduct. The applicant did not provide any of these documents. 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.
Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until
04 Mar 93, 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      


Similar Decisions

  • NAVY | DRB | 2006_Navy | ND0600521

    Original file (ND0600521.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). PART I - APPLICANT’S ISSUES AND DOCUMENTATION You may view DoD Instruction 1332.28 and other Decisional Documents by going online at “ http://Boards.law.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:Secretary of the Navy...

  • NAVY | DRB | 2005_Navy | ND0500680

    Original file (ND0500680.rtf) Auto-classification: Denied

    The Applicant requests that his characterization of service received at the time of discharge be changed to honorable or general (under honorable conditions). Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: None Active: None Period of Service Under Review :Date of Enlistment:...

  • NAVY | DRB | 2000_Navy | ND00-00203

    Original file (ND00-00203.rtf) Auto-classification: Denied

    In response to applicant’s issue 3, the Board has no obligation to change the applicant's discharge in order to allow him to go back to school.In response to applicants issue 4, the Board has no authority to change re-enlistment codes or make recommendations to permit re-entry into the Naval Service or any other of the Armed Forces. In response to applicant’s issue 6 and 7, there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of...

  • NAVY | DRB | 2004_Navy | ND04-00612

    Original file (ND04-00612.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600. I was young and the recruiter made a deal with me, that cost me my life. Commanding Officer’s comments: SR F_ (Applicant) has been extremely inconsistent since reporting on board in April of last year.

  • NAVY | DRB | 1999_Navy | ND99-00021

    Original file (ND99-00021.rtf) Auto-classification: Denied

    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 (D and E).In the applicant’s issue 1, the Board found this issue to be without merit. In the applicant’s issues 2 and 3, the Board found these issues to be without merit. You may obtain a copy of DoD Directive 1332.28 by writing to: DA Military Review Boards Agency Management Information and Support Directorate Armed Forces...

  • NAVY | DRB | 2000_Navy | ND00-00977

    Original file (ND00-00977.rtf) Auto-classification: Denied

    ND00-00977 Applicant’s Request The application for discharge review, received 000804, requested that the characterization of service on the discharge be changed to honorable. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. 991027: COMCARGRU THREE directed the applicant's discharge under other than honorable conditions by reason of misconduct...

  • NAVY | DRB | 2001_Navy | ND01-01178

    Original file (ND01-01178.rtf) Auto-classification: Denied

    The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing. No indication of appeal in the record.950511: Applicant to unauthorized absence 0715, 11May95.950509: USS SAVANNAH (AOR 4) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse, a pattern of misconduct, and commission of a serious offense.950510: Applicant advised of his rights and having...

  • NAVY | DRB | 2003_Navy | ND03-00677

    Original file (ND03-00677.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions and the reason for the discharge be changed. Not appealed.920213: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.920218: Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear...

  • NAVY | DRB | 2000_Navy | ND00-00720

    Original file (ND00-00720.rtf) Auto-classification: Denied

    No indication of appeal in the record.Retention Warning from [USS W. S. SIMS {FF-1059}] : Advised of deficiency (Violation of UCMJ, Articles 90, 91, 92, 117 and 134: Drunk and Disorderly), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. SIMS {FF-1059} notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct commission of a serious offense,...

  • NAVY | DRB | 2000_Navy | ND00-00734

    Original file (ND00-00734.rtf) Auto-classification: Denied

    920711: BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. 920811: BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. I have sought counseling and am now in control of my problem.” The NDRB found, contrary to the applicant’s issue, the applicant was afforded counseling for his abuses of alcohol, and...