Search Decisions

Decision Text

NAVY | DRB | 2003_Navy | ND03-00080
Original file (ND03-00080.rtf) Auto-classification: Denied


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

ex- MMFN, USN
Docket No. ND03-00080

Applicant’s Request
The application for discharge review, received 20021016, 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 20030912. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. 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 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. The incident that lead to my OTH Discharge was one incident in my 7 years of service. It was isolated and I had no other adverse action.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Reference Letter dated August 1, 2002
Letter of Commendation Citation
Letter of Commendation dated March 30, 1995
Letter of Appreciation dated June 30, 1995

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19900822 - 19910721      COG
         Active: USN                        19910722 - 19970418      HON

 Period of Service Under Review :
Date of Enlistment: 19970419             Date of Discharge: 19980424

 Length of Service (years, months, days):

         Active: 01 00 05
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

Education Level: 12                        AFQT: 34

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

Military Decorations: None

 Unit/Campaign/Service Awards: SSDR (3), SASM, NDSM, AFEM (2), GCA

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

970419:  Reenlisted for 4 years.

 980313:  NJP for violation of UCMJ, Article 111: Operate a vehicle while drunk.
         Award: Forfeiture of $615.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
980403:  Applicant notified of intended recommendation for discharge general under honorable conditions by reason of alcohol abuse rehabilitation failure due to commission of a serious offense as evidenced my military apprehension on Naval Submarine Base, New London, Groton, CT., 980222 for driving under the influence of alcohol.
980403:  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.
980511:  Commanding Officer recommended discharge general under honorable conditions by reason of alcohol abuse rehabilitation failure and due to commission of a serious offense as evidenced by Commanding Officer’s Non-Judicial punishment of 980313 for driving under the influence of alcohol. Commanding Officer’s comments: [(verbatim)]: MMFR C_ displays the type of character that warranted discharge. He had two DUI’s within the last two years. He completed Level III treatment, but subsequently had another alcohol related incident. He had no potential for further Naval service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 19980424 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, D, and E).

Issue 1. The Applicant states his OTH discharge was based on one incident in 7 years of service.

The records show that the Applicant had a DUI on 19980222 after having been a patient at an alcohol rehabilitation treatment center. The Applicant did not provide any documentation to show that he has not had any further alcohol related incidents, has not had problems with law enforcement, or that he is living a life style that warrants reconsideration of his discharge characterization. Therefore relief is denied.

 The following is provided for the edification of the Applicant. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No errors or inequities were discovered in the discharge of this Applicant. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. 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 can be considered. Examples of documentation to forward to the Board include proof of educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of a substance free lifestyle (if appropriate). At this time, the applicant has not provided any documentation for the Board to consider. Therefore, no relief will be granted.
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. 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 18, effective
12 Dec 97 until 29 March 2000, Article 1910-142 [formerly 3630605]. SEPARATION 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.
E. In Appendix 12 of the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 111 (drunken driving), if adjudged at a Special or General Court Martial

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 | 2000_Navy | ND00-00275

    Original file (ND00-00275.rtf) Auto-classification: Denied

    The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).The NDRB did note an administrative error on the original DD Form 214. No further information found in service record PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 980313 general (under honorable conditions) for misconduct due to commission of a serious offense (A). After a thorough review of...

  • NAVY | DRB | 2004_Navy | ND04-00253

    Original file (ND04-00253.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. _______________________________________________________________________ In accordance with 32 C.F.R., section 724.166, and SECNAVINST 5420.174C, enclosure (1), paragraph 1.16, The American Legion submits to the Naval Discharge Review Board (NDRB or Board) the above issue and following statement in supplement to this Applicant’s petition.The service record is incomplete. No...

  • NAVY | DRB | 2002_Navy | ND02-00294

    Original file (ND02-00294.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214. 000821: Commanding Officer recommended discharge general under honorable conditions by reason of misconduct due to the commission of a serious offense. 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:...

  • NAVY | DRB | 2003_Navy | ND03-01098

    Original file (ND03-01098.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19990517 under other than honorable conditions for misconduct due to commission of a serious offense (A). 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...

  • NAVY | DRB | 2004_Navy | ND04-00880

    Original file (ND04-00880.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Mom stated she worries about his drinking: DX: Alcohol dependence. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time.

  • NAVY | DRB | 2001_Navy | ND01-00802

    Original file (ND01-00802.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :980402: Civil Conviction: General District Court, Traffic Division, Virginia Beach, VA for violation of driving under the influence (3 rd offense) and refusal to permit a sample of blood or breath to be taken to determine drug/alcohol content on 17Aug97.Sentence: Not listed. Therefore, I concur with the Administrative Board's recommendation that BM2 (applicant) be separated in absentia from the Navy with an Other Than Honorable...

  • NAVY | DRB | 2000_Navy | ND00-00243

    Original file (ND00-00243.rtf) Auto-classification: Denied

    ND00-00243 Applicant’s Request The application for discharge review, received 991209, requested that the characterization of service on the discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION The applicant’s statement that he had 5 years and 2 months of honorable service and 2 tours in the Gulf are without merit.

  • NAVY | DRB | 2000_Navy | ND00-00647

    Original file (ND00-00647.rtf) Auto-classification: Denied

    ND00-00647 Applicant’s Request The application for discharge review, received 000425, requested that the characterization of service on the discharge be changed to entry level separation or uncharacterized. In response to the applicant’s issue 2, the Board At this time, the applicant has not provided any documentation of good character and conduct.

  • NAVY | DRB | 2000_Navy | ND00-00167

    Original file (ND00-00167.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 981031 under other than honorable conditions for misconduct due to commission of a serious offense (A). 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).The applicant introduced no decisional issues for consideration by the Board. PART IV - INFORMATION FOR...

  • NAVY | DRB | 2001_Navy | ND01-00079

    Original file (ND01-00079.rtf) Auto-classification: Denied

    ND01-00079 Applicant’s Request The application for discharge review, received 001020, requested that the characterization of service on the 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:Copy of Drug/Alcohol Abuse Rehabilitation Program Acceptance Letter Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates...