Search Decisions

Decision Text

NAVY | DRB | 2003_Navy | ND03-00719
Original file (ND03-00719.rtf) Auto-classification: Denied


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

ex-FN, USNR
Docket No. ND03-00719

Applicant’s Request
The application for discharge review was received on 20030314. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests 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 20040401. 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 OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
No issues were submitted by the Applicant.

 Submitted by Applicant subsequent to submission of application:

1. “I’m returning a copy of my DD214, that I received upon discharge from the U.S.S. Estocin FFG-15. It does not show that I received the battle E ribbons blue & red. I hope you’ll take that into consideration when you make your final decision.

I would also like to point out that I am a single parent, and that I’m trying better our way of life.
Respectfully, (signed by the Applicant)”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant, dated March 2, 2004
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 9000327     Date of Discharge: 930524

 Length of Service (years, months, days):

         Active: 02 08 19
         Inactive: None

 Age at Entry: 23                          Years Contracted: 8

 Education Level: 12                        AFQT: 61

 Highest Rate: DC3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: *NMF                          Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: Unknown

* NO MARKS FOUND

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

900906:  Applicant to active duty.

920517:  Applicant found unfit for duty. [Extracted medical record page dated 920707.]

920707:  Applicant screened at CAAC. Applicant found to be an ETOH abuser. Level II.

930524:  DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to a pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

[ADMINISTRATIVE DISCHARGE PACKAGE NOT IN THE SERVICE RECORD.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930524 under other than honorable conditions for misconduct due to a pattern of misconduct (A). In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (B) and, after a thorough review of the records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (C and D).

Issue 1: The Applicant did not introduce any decisional issues for the Board’s consideration. 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. The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment 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 and therefore considered the Applicant’s discharge proper and equitable. Relief denied.

Additionally, the Board does not make eligibility determinations for decorations or medals. The Applicant may contact the National Personnel Records Center, 9700 Page Avenue, St. Louis, MO 63132-5100.

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 documentation to support any claims of post-service accomplishments or any other evidence related to his discharge 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 5, effective 05 Mar 93 until 21 Jul 94), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A PATTERN 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 | 2004_Navy | ND04-00176

    Original file (ND04-00176.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600. Charge II: violation of the UCMJ, Article 92: Specification: Fail to obey a lawful order, to wit: wrongfully riding in a motor vehicle while in a restricted status without proper authorization.

  • NAVY | DRB | 2004_Navy | ND04-00902

    Original file (ND04-00902.rtf) Auto-classification: Denied

    ND04-00902 Applicant’s Request The application for discharge review was received on 20040512. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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 | DRB | 2003_Navy | ND03-00663

    Original file (ND03-00663.rtf) Auto-classification: Denied

    (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 the application.” 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: None Active:...

  • NAVY | DRB | 2003_Navy | ND03-00160

    Original file (ND03-00160.rtf) Auto-classification: Denied

    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. At this time, the applicant has not provided any documentation for the Board to consider. Therefore, no relief will be granted.The...

  • NAVY | DRB | 2004_Navy | ND04-00876

    Original file (ND04-00876.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. I would like for my military records be reviewed to the times and reasons why I was given this discharge.” 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...

  • NAVY | DRB | 2000_Navy | ND00-00281

    Original file (ND00-00281.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Chronological Listing of Significant Service Events :980910: NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 27Aug98 to 1230, 5Sep98 (9 days). 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

  • NAVY | DRB | 2001_Navy | ND01-00832

    Original file (ND01-00832.rtf) Auto-classification: Denied

    The applicant requested a documentary record discharge review. 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) 970324 - 970819 COG Period of Service Under Review :Date of Enlistment: 970820 Date of Discharge: 000929 Length of Service (years, months, days):Active:...

  • NAVY | DRB | 1999_Navy | ND99-00135

    Original file (ND99-00135.rtf) Auto-classification: Denied

    ND99-00135 Applicant’s Request The application for discharge review, received 981102, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a documentary record discharge review. Chronological Listing of Significant Service Events :950802: NJP for violation of UCMJ, Article 107: False official statement.

  • NAVY | DRB | 2003_Navy | ND03-00971

    Original file (ND03-00971.rtf) Auto-classification: Denied

    ND03-00971 Applicant’s Request The application for discharge review was received on 20030513. The Applicant requests the characterization of service received at the time of discharge be changed to entry level separation or uncharacterized. “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.”

  • NAVY | DRB | 1999_Navy | ND99-00495

    Original file (ND99-00495.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).The NDRB did note an administrative error on the original DD Form 214. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Copy of charge sheet dated 4 March 1998 Statement from applicant Letter from Department of Treasury to the applicant...