Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-00831
Original file (ND02-00831.rtf) Auto-classification: Denied


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

ex-RMSR, USN
Docket No. ND02-00831

Applicant’s Request
The application for discharge review, received 020517, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. The Applicant did not list any representative on the DD Form 293. Subsequent to the application, the Applicant obtained representation by the American Legion.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030410. 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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. I, E_ T. L_, in writing, submit a request to upgrade my discharge based on the fact that I believe that I've taken enough time the better my actions as well as attitude towards life, responsibility, & dedication to trying to make something out of myself. I also thing that it will help me in the future as I pursue a career as a professional truck driver.

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:
Applicant's DD Form 214
Applicant's DD Form 215

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     930716 - 930808  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 930809               Date of Discharge: 950901

 Length of Service (years, months, days):

         Active: 02 00 23
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 49

 Highest Rate: RMSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (1)    Behavior: 3.00 (1)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

950210:  NJP for violation of UCMJ, Article 121: Larceny of a necklace on 950202, a value of $601.94, violation of UCMJ, Article 134: Disorderly conduct on 950202.
         Award: Restriction and extra duty for 45 days, reduction to RMSR. No indication of appeal in the record.
950227:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
950227:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
950228:  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 general (under honorable conditions).

950703:  Commanding Officer recommended discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense.

950825:  BUPERS directed the Applicant's discharge general (under 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 950901 general (under 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).

Responding to the Applicant’s two issues, both asking the Board to consider his post-service conduct, the Board noted that there is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct in the civilian life subsequent to leaving the service. However, the NDRB is authorized to consider post-service factors in the recharacterization of a discharge. Outstanding post-service conduct, 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 may be considered. Verifiable proof of 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, and certification of non-involvement with civil authorities are examples of verifiable documents that may be provided to receive consideration for relief based on post-service conduct. At this time, however, the Applicant has not provided any post-service documentation for the Board to consider an upgrade. Relief on this basis, therefore, is denied.

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 15560C), Change 9, effective
22 Jul 94 until 02 Oct 96, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, if adjudged at a Special or General Court-Martial.

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      

Similar Decisions

  • NAVY | DRB | 2003_Navy | ND03-00947

    Original file (ND03-00947.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. Absence without leave (NAVREGS). 920416: Applicant to unauthorized absence 0730, 920416.920512: Applicant from unauthorized absence 1445, 920512 (26 days/surrendered).920526: Applicant to unauthorized absence 0600, 920526.920528: Vacate suspended reduction to RM3 awarded at CO’s NJP dated 920402 due to continued misconduct.

  • NAVY | DRB | 2001_Navy | ND01-01017

    Original file (ND01-01017.rtf) Auto-classification: Denied

    My discharge is, I must say that I am pleased with the discharge I have now, during the time that I was in the Navy I had gotten in pregnant and stayed away from my command for a short time. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of Adverse Performance Evaluation Report Copies of DD Form 214 (2) Copies of Enlisted Performance Evaluation Reports (4pgs) PART II - SUMMARY OF SERVICE Prior Service...

  • NAVY | DRB | 2001_Navy | ND01-00883

    Original file (ND01-00883.rtf) Auto-classification: Denied

    I recommend RMSR (applicant) be discharged from the naval service with an Other Than Honorable Discharge.... The applicant had four separate NJP convictions for misconduct to include assault, drunk and disorderly, unauthorized absence (31 days UA), willfully disobeying a superior commissioned officer, failure to obey orders and regulations, incapacitated to assume her duties, false official statement and breaking restriction. Evidence of continuing educational pursuits, an employment...

  • NAVY | DRB | 2000_Navy | ND00-00355

    Original file (ND00-00355.rtf) Auto-classification: Denied

    If I had property that was stolen and knew the items were stolen, I could not justly be held guilty of the other charges. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 910326 - 910521 COG Period of Service Under Review :Date of Enlistment: 910522 Date of...

  • NAVY | DRB | 2003_Navy | ND03-01455

    Original file (ND03-01455.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 (Member 4) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 940610 - 940615 COG Active: None Period of Service Under Review :Date of...

  • NAVY | DRB | 2002_Navy | ND02-01096

    Original file (ND02-01096.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged, in absentia, on 950221 under other than honorable conditions for misconduct due to commission of a serious offense (A). The official record notes he was charged with murder by civilian authorities, a serious offense for which a punitive discharge and a life sentence is authorized. Evidence of continuing educational pursuits, a positive employment record, documentation of community...

  • NAVY | DRB | 2001_Navy | ND01-01115 (1)

    Original file (ND01-01115 (1).rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 020604. 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, “My discharge was solely based on one incident in 8 years of service with no other incidents.” The applicant was found guilty at NJP for violation of UCMJ Article 92 (failure to obey a lawful order). Relief is not...

  • NAVY | DRB | 2001_Navy | ND01-01115

    Original file (ND01-01115.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 020604. 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, “My discharge was solely based on one incident in 8 years of service with no other incidents.” The applicant was found guilty at NJP for violation of UCMJ Article 92 (failure to obey a lawful order). Relief is not...

  • NAVY | DRB | 2001_Navy | ND01-00012

    Original file (ND01-00012.rtf) Auto-classification: Denied

    870427: Vacate suspended forfeiture and reduction awarded at CO's NJP of 4Feb87 due to continued misconduct.870427: NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 7Apr87 to 0730, 11Apr87 (4 days/surrendered). No indication of appeal in the record.870621: NJP for violation of UCMJ, Article 86 (3 specs):Specification 1: Unauthorized absence from appointed place of duty on 2100, 1Jun87. Charge I: violation of the UCMJ, Article 86 (4 specs): Specification 1:...

  • NAVY | DRB | 2003_Navy | ND03-00846

    Original file (ND03-00846.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. (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. No indication of appeal in the record.901029: Applicant notified of intended recommendation for discharge under other than honorable...