Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-00952
Original file (ND02-00952.rtf) Auto-classification: Denied



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

ex-PNSA, USN
Docket No. ND02-00952

Applicant’s Request
The application for discharge review, received 020619, 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.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030424. 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 service 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 was not considering my actions before my discharge. My actions in the Navy reflected on my discharge, and my discharge reflected on my educational benefits.

Education is very important to anyone trying to establish themselves in America. Considering my actions from the past is very too late, but considering education is not.

For my education's sake to establish myself in America, members of the Naval Council of Personnel Board; please upgrade my discharge to a full honorable. Thank you.

 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: USNR (DEP)     930619 - 930705  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 930706               Date of Discharge: 951201

 Length of Service (years, months, days):

         Active: 02 04 26
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 32

 Highest Rate: PNSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.33 (3)    Behavior: 2.73 (3)                OTA: 3.50

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 :
941222:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 1910, 931220 to 0400, 941221.
         Award: Extra duty for 15 days, reduction to PNSA. No indication of appeal in the record.
951006:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 950912 to 0715, 950913.
         Award: Forfeiture of $223.44 for 7 days, reduction to PNSA. No indication of appeal in the record.
951006:  Retention Warning from Personnel Support Activity Detachment Naval Station, San Diego, CA: Advised of deficiency (Two nonjudicial punishments during current enlistment for violation of UCMJ, Article 86.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

951115:  Vacate suspended reduction to PNSA awarded at CO's NJP of 951006.

 951115:  NJP for violation of UCMJ, Article 107: False official statement on 951023.
         Award: Forfeiture of $206 per month for 7 days, reduction to PNSR. Forfeiture and reduction suspended for 6 months. No indication of appeal in the record.
951124:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to minor disciplinary infractions as evidenced by all punishments under the UCMJ in your current enlistment.
951129:  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.
951207:  Commanding Officer discharged Applicant general (under honorable conditions) by reason of misconduct due to minor disciplinary infractions.

960124:  BUPERS message: In reference to reference a (PSD NS San Diego CA letter dated 951207), member did not qualify for discharge under authority delegated reference b (CHNAVPERS doc dated 910815.). In accordance with MPM 3610260.3 members must be processed for all reasons for which the minimum criteria are met. SNM's violation of the Uniform Code of Military Justice Article 107 constitutes a serious offense in accordance with MPM 3610100.1X. therefore, SNM should have been processed for misconduct due to commission of a serious offense using admin bd procedures IAW MPM 3640100.7 and 3640200.8; The above is intended to assist you in future processing. No further actions required in this case.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 951201 with a discharge characterization of general (under honorable conditions) for misconduct due to minor disciplinary infractions (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 equitable and proper (C and D).

Issue 1: The Board has no authority to upgrade a discharge for the sole purpose of enhancing educational opportunities as requested in the issue. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity which warrants an upgrade to the characterization of service. Relief denied.

T here 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, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at a personal appearance hearing is recommended but not required.


Pertinent Regulation/Law (at time of discharge)

A. The 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.

 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

Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-00921

    Original file (ND99-00921.rtf) Auto-classification: Denied

    However, a commanding officer may process a member under the Notification Procedure (Article 3640200) when separation is based solely on one of the two reasons listed in subparagraph 2b(1) and 2b(2) of this article. THIS AUTHORITY IS LIMITED TO SEPARATION PROCESSING BASED ON MISCONDUCT DUE TO COMMISSION OF A SERIOUS OFFENSE (MPM 3630600.lC/D), A PATTERN OF MISCONDUCT (MPM 3630600.lB), OR CIVIL CONVICTIONS (MPM 3630600.lE/F) BUT NOT INCLUDING THE TYPES OF MISCONDUCT OUTLINED IN PARA 2B...

  • NAVY | DRB | 2000_Navy | ND00-00836

    Original file (ND00-00836.rtf) Auto-classification: Denied

    Regardless of an Administrative Board's recommendation, CHNAVPERS is Separation Authority for members being separated by reason of misconduct due to commission of a serious offense as evidenced by sexual perversion or sexual harassment. THIS AUTHORITY IS LIMITED TO SEPARATION PROCESSING BASED ON MISCONDUCT DUE TO COMMISSION OF A SERIOUS OFFENSE (MPM 3630600.lC/D), A PATTERN OF MISCONDUCT (MPM 3630600.lB), OR CIVIL CONVICTIONS (MPM 3630600.lE/F) BUT NOT INCLUDING THE TYPES OF MISCONDUCT...

  • NAVY | DRB | 2000_Navy | ND00-00072

    Original file (ND00-00072.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 response to the applicant’s issue 1, the Board does not grant clemency. In the applicant’s issue 2, the Board found that the applicant had more than “isolated offenses of DWI” which in and of itself would be reason for discharge. No relief will be granted based on this issue.In the applicant’s issue 3, the Board...

  • NAVY | DRB | 2000_Navy | ND00-00174

    Original file (ND00-00174.rtf) Auto-classification: Denied

    ND00-00174 Applicant’s Request The application for discharge review, received 991117, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. 950221: Vacate suspended forfeiture awarded at CO's NJP dated 29Nov94 due to continued misconduct.

  • NAVY | DRB | 1999_Navy | ND99-01126

    Original file (ND99-01126.rtf) Auto-classification: Denied

    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. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of Letter of Recognition Copy of Certificate of Appointment Twelve pages from medical record Copy of DD Form 214 (2 copies) PART II - SUMMARY OF SERVICE Prior...

  • NAVY | DRB | 2003_Navy | ND03-01194

    Original file (ND03-01194.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-SR, USN Docket No. The Commander, Naval Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate. Chronological Listing of Significant Service Events :950209: NJP for violation of UCMJ, Article 91: Disobey a lawful order, violation of UCMJ, Article 117: Wrongful use of provoking words, violation of UCMJ, Article 134: Communicate...

  • NAVY | DRB | 2004_Navy | ND04-00464

    Original file (ND04-00464.rtf) Auto-classification: Denied

    Regardless of an Administrative Board's recommendation, CHNAVPERS is Separation Authority for members being separated by reason of misconduct due to commission of a serious offense as evidenced by sexual perversion or sexual harassment. THIS AUTHORITY IS LIMITED TO SEPARATION PROCESSING BASED ON MISCONDUCT DUE TO COMMISSION OF A SERIOUS OFFENSE (MPM 3630600.lC/D), A PATTERN OF MISCONDUCT (MPM 3630600.lB), OR CIVIL CONVICTIONS (MPM 3630600.lE/F) BUT NOT INCLUDING THE TYPES OF MISCONDUCT...

  • NAVY | DRB | 1999_Navy | ND99-00909

    Original file (ND99-00909.rtf) Auto-classification: Denied

    I would like the board to review my documents to request a change in discharge. The applicant request’s the Board review his documents and change his discharge. On 6 August 1996, the Commander, Naval Training Center, Great Lakes directed the applicant be discharged with an Other Than Honorable for Pattern of misconduct, which is also reflected on the applicant’s form DD-214.

  • 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 | 2001_Navy | ND01-01060

    Original file (ND01-01060.rtf) Auto-classification: Denied

    THIS AUTHORITY IS LIMITED TO SEPARATION PROCESSING BASED ON MISCONDUCT DUE TO COMMISSION OF A SERIOUS OFFENSE (MPM 3630600.lC/D), A PATTERN OF MISCONDUCT (MPM 3630600.lB), OR CIVIL CONVICTIONS (MPM 3630600.lE/F) BUT NOT INCLUDING THE TYPES OF MISCONDUCT OUTLINED IN PARA 2B BELOW; SECURITY (3630700); OR UNSATISFACTORY PARTICIPATION IN THE INDIVIDUAL READY RESERVE (IRR) (MPM 3630800). (1) HOMOSEXUAL CONDUCT - (MPM 3630400), (2) MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE OR A...