Search Decisions

Decision Text

NAVY | DRB | 2003_Navy | ND03-00768
Original file (ND03-00768.rtf) Auto-classification: Denied


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

ex-SA, USNR
Docket No. ND03-00768

Applicant’s Request
The application for discharge review was received on 20030326. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040224. 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)/FULFILLMENT OF SERVICE OBLLIGATION, authority: NAVMILPERSMAN, Article 3620150.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 The Applicant submitted no issues.

Documentation
Applicant’s military medical record could not be obtained; however, in addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

Copy of DD Form 214
Character Reference ltr from L_ Y_ dtd Apr 24, 2003
Character Reference/Apprenticeship Training ltr from F_ M_, Coordinator dtd
Apr 21, 2003

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: 910627               Date of Discharge: 930810

 Length of Service (years, months, days):

         Active: 02 00 25 (Doesn’t exclude lost time.)
         Inactive: 00 00 19

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 45

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.1 (2)     Behavior: 3.0 (2)                 OTA: 2.98

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, NAVY “E” RIBBON, SSDR, SWASM

 Days of Unauthorized Absence: 8 (Cannot verify by service record.)

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

GENERAL (UNDER HONORABLE CONDITIONS)/FULFILLMENT OF SERVICE OBLIGATION, authority: NAVMILPERSMAN, Article 3620150.

 Chronological Listing of Significant Service Events :

921218:  NJP for violation of UCMJ, Article 91: Insubordinate conduct toward warrant officer.
         Award: Restriction and extra duty for 5 days. No indication of appeal in the record.
Undated:         Retention Warning: Advised of deficiency (violation UCMJ, Article 91, insubordinate conduct toward Warrant Officer.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. [Not signed by the Applicant.]

930317:  Transferred to Naval Hospital, Philadelphia as patient for treatment.

930707:  NJP for violation of UCMJ, Article 86 (2 Specs): total of 8 days absence; violation of UCMJ Article 91: insubordinate conduct toward a petty officer; violation of UCMJ Article 108: military property of the United States – sale, loss, damage, destruction, or wrongful disposition; violation of UCMJ Article 128: assault; violation of UCMJ Article 134: disorderly conduct, drunkenness.
         Award: Forfeiture of $200 pay per month for 1 month, restriction and extra duty for 30 days or until out of the Navy whichever is less, reduction to E-2, Admin separation process (RE-4). No indication of appeal in the record.

930810:  Applicant discharged, instead of released from active duty, with a General (Under Honorable Conditions) by reason of fulfillment of service obligation.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930810 with a General (Under Honorable Conditions) due to fulfillment of service obligation (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).

The Applicant introduced no decisional issues for consideration by the Board.

 When the service of a member of U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A General (Under Honorable Conditions) discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he Applicant’s service was marred by five violations of the UCMJ during his enlistment. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief denied.

The following is provided for the edification of the applicant. 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 civilian life subsequent to leaving naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.

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 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 5, effective 05 Mar 93 until 21 Jul 94, Article 3620150, SEPARATION OF ENLISTED PERSONNEL BY REASON OF EXPIRATION OF ENLISTMENT, FULFILLMENT OF SERVICE OBLIGATION, OR EXPIRATION OF TOUR OF ACTIVE SERVICE.

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 | ND04-00416

    Original file (ND04-00416.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. “I feel that I completed my service fulfilled my four year commitment, and believe that I am entitled to all of my benefits.” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:DD Form 214 (3 copies) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of...

  • NAVY | DRB | 2003_Navy | ND03-00470

    Original file (ND03-00470.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 900207 - 900402 COG Active: None Period of Service Under Review :Date of Enlistment: 900403 Date of Discharge: 940409 Length of Service (years, months, days):Active: 04 00 07 (Doesn’t exclude lost time.) Verifiable proof of any post-service accomplishments must be...

  • NAVY | DRB | 1999_Navy | ND99-00182

    Original file (ND99-00182.rtf) Auto-classification: Denied

    ND99-00182 Applicant’s Request The application for discharge review, received 981118, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Applicant's Certificate of Appointment to SK3 dated 16 Jan 1990 Applicant's Certificate of Letter of Commendation from USS GUADALCANAL Applicant's letter of Appointment to custodian of the...

  • NAVY | DRB | 2001_Navy | ND01-00478

    Original file (ND01-00478.rtf) Auto-classification: Denied

    I did four years honorable and only had four months left in the service when I was discharged. 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’s first issue states: “My evals throughout my four year shows that I was a good sailor, and deserve a honorable discharge.” The Board reviewed the applicant’s entire service record and found a well documented...

  • NAVY | DRB | 2002_Navy | ND02-01154

    Original file (ND02-01154.rtf) Auto-classification: Denied

    Age at Entry: 23 Years Contracted: 4 Education Level: 12 AFQT: 49 Highest Rate: BM2 Final Enlisted Performance Evaluation Averages (number of marks): Performance: 3.16 (6) Behavior: 2.83 (6) OTA: 2.93 Military Decorations: None Unit/Campaign/Service Awards: GCM, NEM, SSDR, Days of Unauthorized Absence: None Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER HONORABLE CONDITIONS (GENERAL)/EXPIRATION OF TERM OF ENLISTMENT, authority: NAVMILPERSMAN, Article...

  • NAVY | DRB | 2003_Navy | ND03-00171

    Original file (ND03-00171.rtf) Auto-classification: Denied

    However, I can state that I was immature and had certain problems. 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) 19901222 - 19910624 COG Active: None Period of Service Under Review :Date of Enlistment: 19910625 Date of Discharge: 19930817 Length of Service (years, months, days):Active: 02...

  • NAVY | DRB | 2001_Navy | ND01-00164

    Original file (ND01-00164.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION 961119: NJP for violation of UCMJ, Article 112: Was on or about 961117, onboard USS CARL VINSON (CVN-70), found drunk while on duty as a restricted man. There was nothing in the records, nor did the applicant provide any documentation, to indicate there existed an error of fact, law, procedure, or discretion at the time of discharge.

  • NAVY | DRB | 2002_Navy | ND02-01281

    Original file (ND02-01281.rtf) Auto-classification: Denied

    ND02-01281 Applicant’s Request The application for discharge review, received 20020910, requested that the characterization of service on the discharge be changed to honorable. No indication of appeal in the record.871204: Vacate suspended restriction for 20 days, reduction to BMSN awarded at CO's NJP dated 871029 due to continued misconduct.871204: NJP for violation of UCMJ, Article 91: Insubordinate conduct toward officer, noncommissioned officer, or petty officer. PART III – RATIONALE...

  • NAVY | DRB | 2004_Navy | ND04-01022

    Original file (ND04-01022.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Therefore, it is my strongest recommendation that MSSN V_ (Applicant) be separated from the United States Navy with an Other Than Honorable Discharge.011025: DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to a pattern of misconduct, authority: NAVMILPERSMAN, Article 1910-140. At this time, the Applicant has not provided...

  • USMC | DRB | 2000_Marine | MD00-00736

    Original file (MD00-00736.rtf) Auto-classification: Denied

    Charge III: violation of the UCMJ, Article 134, Specification: Disorderly on 960628 at Bldg. 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 applicant’s issue 1, the NDRB recognizes that serving in the Marine Corps is very challenging. The Board could not exculpate the applicant from his misconduct of record based on the documents submitted.