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NAVY | DRB | 2002_Navy | ND02-00792
Original file (ND02-00792.rtf) Auto-classification: Denied


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


ex-MSSN, USN
Docket No. ND02-00792

Applicant’s Request
The application for discharge review, received 020518, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The Applicant requested a documentary record discharge review. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the Applicant, he was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D.C. area. Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030214. 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. Applicant discharged in absentia.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted

 Prior to the documentary discharge review, the Applicant introduced no issues as Block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's current enlistment DD Form 214 (2)
Applicant's previous enlistment DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     761222 - 770530  COG
                  USNR (DEP)      820610 - 820616  COG
          Active: USN                        770531 - 810530  HON
Period of Service Under Review :
Date of Enlistment: 820617               Date of Discharge: 880825

 Length of Service (years, months, days):
         Active: 06 02 09 Does not exclude lost time
          Inactive: None
Age at Entry: 24                          Years Contracted: 4
Education Level: 11 GED                    AFQT: 50

 Highest Rate: MS3
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.37 (8)    Behavior: 3.37 (8)                OTA: 3.52

Military Decorations: None

 Unit/Campaign/Service Awards: NUC, BER (2), SSDR (3), MUC (2), AFEM, GCM
Days of Unauthorized Absence: 248

 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 :

830219:  Applicant arrested by Jacksonville Sheriff's office for DWI and driving while license suspended.
830504:  Civil Conviction: Duval County Court for violation of reckless driving.
 Sentence: Confinement for 10 days, fined $230.00.
850111:  Applicant arrested by Florida Highway patrol for DWI and driving while license suspended.
850120:  Civil Conviction: Baker County Court for violation of DWI and driving without a license.
 Sentence: Probation for 6 months, community service for 50 hours, fine $281.00, driver's license suspended for 6 months.
851225:  Applicant arrested by Jacksonville Sheriff's office for DWI by Jacksonville Sheriff's office.

 860131:  Applicant to unauthorized absence 0730, 860131.
860204:  Applicant from unauthorized absence 1200, 860204 (4 days/surrendered).
860205:  Applicant to unauthorized absence 0700, 860205.

 860214:  Applicant from unauthorized absence 0700, 860214 (9 days/surrendered).
860215:  Applicant to unauthorized absence 0700, 860215.
860225:  Applicant from unauthorized absence 0700, 860225 (10 days/surrendered).
860303:  Civil Conviction: Duval County Court for violation of drunk driving.
 Sentence: Confinement for 10 days, probation for 1 month with Salvation Army, pay restitution of $200, driver's license revoked for 5 years.
860319:  Retention Warning: Advised of deficiency (Misconduct- frequent involvement of a discreditable nature with military and civilian authorities and alcohol abuse), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860328:  NJP for violation of UCMJ, Article 86 (4 specs): (1-4) Unauthorized absence (approximately 22 days), violation of UCMJ, Article 87 (2 specs): (1-2) Missing movement, violation of UCMJ, Article 92 (2 specs): (1-2) Disobeying a lawful order from a commissioned officer, violation of UCMJ, Article 134: Breaking restriction.
         Date of offenses: 860131, 860204-860205, 860214-860215 and 860309.
         Award: Forfeiture of $100 per month for 2 months, restriction for 45 days, reduction to MSSN. No indication of appeal in the record.
870405:  Applicant arrested for DWI and driving while license revoked.
880113:  Applicant to unauthorized absence 0700, 880113.

 880112:  Civil Conviction: Duvall County Court for violation of drunk driving and driving while license revoked.
 Sentence: Confinement for 6 months, fined $1,125.00, driver's license revoked for 10 years.
880203:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
880203:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
880218:  CAAC Evaluation: Found Applicant psychologically dependant and physically addicted to alcohol.
880219:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
880405:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
880418:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
880805:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to civil conviction, misconduct due to the commission of a serious offense, misconduct due to a pattern of misconduct.
880812:  CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. Authority granted to discharge Applicant in absentia.
880825:  Applicant from unauthorized absence 0800, 880825. Applicant to be discharged in absentia.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged, in absentia, on 880825 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. A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor. T he Applicant’s service during his final enlistment was marred by award of nonjudicial punishment (NJP), an adverse counseling entry, three civil convictions and an extended period of unauthorized absence. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade 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 inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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. Relief not warranted.

The Applicant 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. Representation at a personal appearance hearing is recommended but not required.

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 " afls14.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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