Search Decisions

Decision Text

NAVY | DRB | 2003_Navy | ND03-00160
Original file (ND03-00160.rtf) Auto-classification: Denied

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

ex-MS3, USN
Docket No. ND03-00160

Applicant’s Request
The application for discharge review, received 20021106, 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 20031003. 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: UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

1. “My discharge is inequitable because it was based on misconduct in the commission of a serious offense. My offense did not cause any bodily injury. My job detail working with knives, this is the only reason I had a knife in my possession when the argument started with my fellow shipmate. A search of my military records will show that I’m not a violate person. Any mishaps was issues such as failure to follow, in which being young in the military, I had some growing to do. I respectfully request this board to consider upgrading my discharge to Honorable from General under Honorable conditions. I further respectfully request that my reentry code of R-4 be upgraded in case I’m needed to help defend my country in the time of war. I will thank this board in advance for your time. Cordially,”

 Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19880623 - 19890612      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19890613             Date of Discharge: 19920731

 Length of Service (years, months, days):

         Active: 03 01 19
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 35

 Highest Rate: MS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (3)    Behavior: 3.53 (3)                OTA : 3.73

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, Letter of Commendation

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

900611:  NJP for violation of UCMJ, Article 92: Disobeying order of senior petty officer, violation of UCMJ Article 128 (2 specs): Assault.
         Award: Forfeiture of $200 per month for 1 month, correctional custody for 30 days. No indication of appeal in the record.
901220:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 92: Failure to obey an order.
         Award: Forfeiture of $100 per month for 2 months, correctional custody for 30 days, reduction to MSSA. Reduction suspended for 6 months. No indication of appeal in the record.
920312:  NJP for violation of UCMJ, Article 117: Wrongfully use provoking gestures, to wit: picking up a knife in the Galley and moving into the passageway towards ET2 on 920215.
         Award: Restriction for 45 days, reduction to MSSN. No indication of appeal in the record. Appealed 920311. Appeal denied 920324.
920321:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
920325:  Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
920429:  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 under honorable conditions (general).

920605:  Commanding Officer recommended discharge under honorable conditions (general) by reason of misconduct due to the commission of a serious offense.

920707:  BUPERS directed the Applicant's discharge under honorable conditions (general) 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 19920731 under honorable conditions (general) 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. The Applicant states that he did not cause bodily injury to anyone and the only reason he had a knife in his hand when the argument started was because his job detail required him to work with knives.

The Board looks at the propriety and equity of an Applicant’s discharge and does not relitigate the circumstances surrounding a discharge. The Applicant was discharged for committing a serious offense, disobeying a lawful order (violation of UCMJ Article 92) and not for assault or provoking gestures. Therefore the discharge process was proper and equitable. Relief denied.

 The following is provided for the edification of the Applicant. Normally, to permit relief, an error or inequity must have occurred during the execution of the discharge for the period of enlistment in question. No errors or inequities were discovered during the execution of this discharge. 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.
The applicant is reminded that he is 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 personal appearance hearing is 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.
E. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 92 (disobeying a lawful order), 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 | 2002_Navy | ND02-00332

    Original file (ND02-00332.rtf) Auto-classification: Denied

    Please change my discharge reason to show "End of Required Active Duty" and My Reenlistment Code to an RE-1. Chronological Listing of Significant Service Events : 900414: Civil Conviction for violation of VC 23152 (A) Driving Under the Influence.Sentence: Found guilty of driving under the influence. Issue 2: The Applicant requested that the basis for his discharge be changed to "End of Required Active Duty."

  • NAVY | DRB | 2002_Navy | ND02-00334

    Original file (ND02-00334.rtf) Auto-classification: Denied

    ND02-00334 Applicant’s Request The application for discharge review, received 020128, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a documentary record discharge review. When I approach the base and told the watch duty Officer whom I was, immediately I was detained and waiting for someone to come a verify my status and take me to the barracks.

  • NAVY | DRB | 2006_Navy | ND0600332

    Original file (ND0600332.rtf) Auto-classification: Denied

    Issues, as stated Applicant’s issues, as stated on the application:“-I would like for my RE-4 code and/or my narrative reason to be upgraded for eligibility to return to a branch of service.” Appeal denied 031105.031008: Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of misconduct - pattern of misconduct and misconduct - commission of serious offense. The names, and votes of...

  • NAVY | DRB | 2002_Navy | ND02-01071

    Original file (ND02-01071.rtf) Auto-classification: Denied

    Please review about my service record when I'm still active in the service. No indication of appeal in the record.960415: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by punishment under the UCMJ, in your current enlistment and by reason of misconduct due to the commission of a serious offense as evidenced by punishment under the UCMJ in your current enlistment.960415: Applicant...

  • NAVY | DRB | 2001_Navy | ND01-00363

    Original file (ND01-00363.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:None PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN 900912 - 940825 HON Inactive: USNR (DEP) 900326 - 900911 COG Period of Service Under Review :Date of Enlistment: 940826 Date of Discharge: 960508 Length of Service (years, months, days):Active: 01 04 13 Inactive: None After a thorough review of the...

  • NAVY | DRB | 2000_Navy | ND00-00863

    Original file (ND00-00863.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-MSSN, USN Docket No. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 (2 copies) USS HARLAN COUNTY's discharge recommendation dtd 8 Jul 92 Certificate of Completion of the Petty Officer Indoctrination Course dtd 30 Jun 91 Applicant's Enlisted Performance Record (NAVPERS 1070/609) Applicant's...

  • NAVY | DRB | 2002_Navy | ND02-00615

    Original file (ND02-00615.rtf) Auto-classification: Denied

    Documentation In addition to the service record, no discharge package available, 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): Inactive: USNR (DEP) 880519 - 880621 COG Active: USN None Period of Service Under Review :Date of Enlistment: 880622 Date of Discharge: 920809 Length of Service (years, months, days):Active: 04 01 18 Inactive: None ...

  • NAVY | DRB | 2000_Navy | ND00-00723

    Original file (ND00-00723.rtf) Auto-classification: Denied

    Pt states he was diagnosed as an alcoholic but not documentation in health record. Pt was told to come find me at any time if situation became too stressful. 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, a member does not have to be “charged with a crime” or have a court martial or NJP to be administratively separated...

  • NAVY | DRB | 1999_Navy | ND99-00012

    Original file (ND99-00012.rtf) Auto-classification: Denied

    No indication of appeal in the record.911216: NJP for violation of UCMJ, Article 121: Larceny or wrongful appropriation.Award: Oral reprimand, forfeiture of $200 per month for 1 month, restriction and extra duty for 45 days, reduction to MS3. By a vote of 2 to 1, the board recommended discharge under other than honorable conditions. Regardless of his past service, the serious nature of the UCMJ violations that MS3 (applicant's) has committed certainly merits characterization of his...

  • NAVY | DRB | 2000_Navy | ND00-00097

    Original file (ND00-00097.rtf) Auto-classification: Denied

    Information given to the discharge review board was wrong. As indicated by the enclosed "Record of unauthorized absence" I received two 2-year sentences. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 870625 under Other Than Honorable conditions for misconduct due to Commission of a Serious Offense (A).