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NAVY | DRB | 2003_Navy | ND03-00825
Original file (ND03-00825.rtf) Auto-classification: Denied


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

ex-GMG3, USN
Docket No. ND03-00825

Applicant’s Request
The application for discharge review was received on 20030407. 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.
In the acknowledgment letter, the Applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington D.C. area. Applicant did not respond.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20040303. 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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“1. Upon acceptance of discharge I was told that it would be upgraded to a general under honorable conditions after 6 months if I did not have any convictions with legal authorities. I don’t know if my discharge was upgraded after 6 months. All discharge records that I had were destroyed in a fire. The 15 years limit is almost up. I have been in no trouble with the law for 15 years.”
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)     790116 - 790118  COG
         Active: USN                        790119 - 831120  HON

 Period of Service Under Review :
Date of Enlistment: 831121               Date of Discharge: 880411

 Length of Service (years, months, days):

         Active: 04 01 21
         Inactive: None

 Age at Entry: 25                          Years Contracted: 5

Education Level: 12                        AFQT: 71

 Highest Rate: GMG2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.57 (7)    Behavior: 3.31 (7)                OTA: 3.54

Military Decorations: None

 Unit/Campaign/Service Awards: NEM, SSDR

 Days of Unauthorized Absence: 90

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

831121:  Reenlisted onboard USS WAINWRIGHT (CG-28) for 5 years.
850529:  Retention Warning: Advised of deficiency (During your current enlistment, you have incurred a military infraction for which you were awarded NJP by the Commanding Officer to wit: Violation of UCMJ Article 112a, wrongful use of marijuana, a schedule I controlled substance; violation of UCMJ Article 86, unauthorized absence; violation of UCMJ Article 87, missing of ship’s movement through design.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
850529:  NJP for violation of UCMJ, Article 112a: Wrongful use of marijuana on or about 850402, violation of UCMJ Article 86: Unauthorized absence from on or about 0700, 850423 until on or about 1109, 850524 (30 days), violation of UCMJ Article 87: Missed the movement of USS LYNDE MCCORMICK (DDG-8) on or about 1530, 850507.
         Award: Forfeiture of $300.00 pay per month for 2 months, restriction to the limits of the ship for 60 days. No indication of appeal in the record.

850705:  Medical Officer drug dependency evaluation found no evidence of physiological or psychological dependence. Recommended no rehabilitation program indicated at this time.

850831:  That portion of the punishment awarded at Commanding Officer’s NJP on 850529 awarding reduction in rate to pay grade E-3 (suspended for 6 months) is hereby remitted.

880121:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 880114 having been an unauthorized absentee since 0700, 871214 from USS LYNDE MCCORMICK (DDG-8).

880216:  Report of Return of Deserter. Applicant surrendered to military authorities on 880215 (2149) at TPU NAVSTA SAN DIEGO, CA. Retained onboard pending return to parent command.

880301:  NJP for violation of UCMJ, Article 86: Unauthorized absence from on or about 0700, 871214 until on or about 2149, 880215 (60 days); violation of UCMJ Article 87: Missed movement of USS LYNDE MCCORMICK (DDG-8) on or about 880105.
         Award: Forfeiture of $509.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-4. No indication of appeal in the record.
880302:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by your punishments at NJP for violation of the UCMJ, Article 86, 87 on 850529 and for violation of the UCMJ, Article 86 and 87 on 880301; and by reason of misconduct due to drug abuse as evidenced by NJP on 850529.
880302:  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.

880303:  Substance Abuse Report: Not dependent, amenable and eligible for treatment, recommended for Level I.

880312:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to the commission of a serious offense.

880317:  CNMPC directed the Applicant's discharge under other than honorable conditions 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 19880411 under other than 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 and D).

 Issue 1: The Applicant states that he was told that after six months he could have his discharge upgraded. There is no law or regulation that authorizes a discharge to be automatically upgraded after six months. A former service member has 15 years, from the date of discharge, to petition the board for consideration of an upgrade. The Board does not automatically upgrade a discharge after six months. Relief denied.

 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 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, a drug-free lifestyle, and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted. The Applicant did not provide any documentation for the Board to consider an upgrade. Relief denied.



Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until
10 Jan 89, Article 3630600, SEPARATION OF ENLISTED MEMBERS 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.

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      


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