Search Decisions

Decision Text

NAVY | DRB | 2003_Navy | ND03-01455
Original file (ND03-01455.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND03-01455

Applicant’s Request
The application for discharge review was received on 20030909. 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 20040628. 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, authority: NAVMILPERSMAN, Article 3630600.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “I had a job on the outside and due to my immaturity I allowed myself to believe I should have finished the task of my employer and I thought I could make it back to the ship but when I got there it was gone.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214 (Member 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     940610 - 940615  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 940616               Date of Discharge: 951206

 Length of Service (years, months, days):

         Active: 01 03 00
         Inactive: 00 00 00

 Age at Entry: 19                 Years Contracted: 4

Education Level: 12                        AFQT: 45

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.60 (1)    Behavior: 2.60 (1)                OTA: 2.60

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 55 days

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

941209:  NJP for violation of UCMJ, Article 112a: Intoxicated while on a duty status.
         Award: Restriction and extra duty for 07 days, (suspended for 3 months).
941209:  Retention Warning: Advised of deficiency (found guilty of wrongful use of marijuana), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

950707:  Applicant went on unauthorized absence at 0800 on 950707.

950807:  Applicant surrendered to military authority at 0730 on 950807.

950808:  Applicant went on unauthorized absence at 0730 on 950808.

950902:  Applicant surrendered to military authority at 1610 on 950802.

 950929:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86: Unauthorized absence from 950707 to 950807, and from 950808 to 950902
Charge II violation of the UCMJ, Article 87: Missing ship’s movement on 950707 an 950828.
Charge III violation of the UCMJ, Article 112a: Wrongfully use of marijuana.
          Findings: to Charge I, II and III, guilty.
         Sentence: Forfeiture of $568.00 per month for 1 month and 30 days confinement.
                  CA action 951006: Sentence approved and ordered executed as adjudged.

951007:  Medical evaluation found the Applicant not to be drug dependant.

 951008:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse.
951009:  Applicant advised of 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

951019:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and misconduct due to commission of a serious offense. Commanding Officer’s comments: RMSR V_ (Applicant) misconduct warrants separation. His presence is detrimental to moral and good order and discipline on board AMERICA. He has no potential for further military service. I strongly recommend that RMSR V_ (Applicant) be separated immediately from the naval service under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse. Recommend discharge authorization soonest.

951031:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19951206 under other than honorable conditions for misconduct due to absent without leave (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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).

Issue 1. When the service of a member of U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. An Under Other Than 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. The Applicant’s service was marred by two long-term unauthorized absences totaling 55 days and two nonjudicial convictions for violations of Article 112a of the UCMJ. 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 is not warranted.

The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such change is warranted. There is no evidence of impropriety or inequity in the Applicant’s discharge. The Applicant’s misconduct is clearly documented. Therefore, relief is denied.

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 9, effective
22 Jul 94 until 02 Oct 96, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT.

B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 86, for unauthorized absence for a period in excess of 30 days if adjudged at a Special or General Court-Martial.
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 | 2001_Navy | ND01-00012

    Original file (ND01-00012.rtf) Auto-classification: Denied

    870427: Vacate suspended forfeiture and reduction awarded at CO's NJP of 4Feb87 due to continued misconduct.870427: NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 7Apr87 to 0730, 11Apr87 (4 days/surrendered). No indication of appeal in the record.870621: NJP for violation of UCMJ, Article 86 (3 specs):Specification 1: Unauthorized absence from appointed place of duty on 2100, 1Jun87. Charge I: violation of the UCMJ, Article 86 (4 specs): Specification 1:...

  • NAVY | DRB | 2003_Navy | ND03-00086

    Original file (ND03-00086.rtf) Auto-classification: Denied

    ND03-00086 Applicant’s Request The application for discharge review, received 021017, requested that the characterization of service on the discharge be changed to honorable. My deep sense of responsibilities to my Grandmother and my brother remained with me and I felt torn between my duty to my family and my duty to the Navy and achieving my personal ambitions. "890607: CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern...

  • NAVY | DRB | 2005_Navy | ND0500835

    Original file (ND0500835.rtf) Auto-classification: Denied

    Commanding Officer’s action was to process Applicant for separation from the military. Therefore, I recommend that he be separated from the naval service with an Other Than Honorable Discharge.”951011: BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. As of this time, the Applicant has not provided any post-service documentation for the Board to consider.

  • NAVY | DRB | 1999_Navy | ND99-00020

    Original file (ND99-00020.rtf) Auto-classification: Denied

    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 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,...

  • NAVY | DRB | 2001_Navy | ND01-00399

    Original file (ND01-00399.rtf) Auto-classification: Denied

    No indication of appeal in the record.901231: Retention Warning from Naval Special Warfare Group ONE: Advised of deficiency (Habitual tardiness, unauthorized absences, disobedience of lawful orders. 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. The names, and votes of the members of the Board are recorded on the original of this document and...

  • NAVY | DRB | 2001_Navy | ND01-00284

    Original file (ND01-00284.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :930616: Counseling: Advised of deficiency (personal behavior), notified of corrective actions and assistance available.930618: NJP for violation of UCMJ, Article 86: Unauthorized absence from 2130, 8Jun93 to 2330, 14Jun93 (6 days/surrendered), violation of UCMJ, Article 87: Missing ship's movement on 9Jun93. No indication of appeal in the record.950808: Applicant notified of intended recommendation for discharge under other than honorable...

  • NAVY | DRB | 2003_Navy | ND03-00262

    Original file (ND03-00262.rtf) Auto-classification: Denied

    Also my division officer recommended retention instead of separation.”Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION." 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.

  • NAVY | DRB | 2001_Navy | ND01-01082

    Original file (ND01-01082.rtf) Auto-classification: Denied

    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 requested a change in discharge due to his post service conduct. The applicant is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. PART IV - INFORMATION FOR THE APPLICANT If you believe that the decision in your case is...

  • NAVY | DRB | 2000_Navy | ND00-00355

    Original file (ND00-00355.rtf) Auto-classification: Denied

    If I had property that was stolen and knew the items were stolen, I could not justly be held guilty of the other charges. 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) 910326 - 910521 COG Period of Service Under Review :Date of Enlistment: 910522 Date of...

  • NAVY | DRB | 2002_Navy | ND02-00510

    Original file (ND02-00510.rtf) Auto-classification: Denied

    Sincerely, Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copies of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USMC 920616 - 970615 HON Inactive: USNR (DEP) None COG Period of Service Under Review :Date of Enlistment: 980128 Date of Discharge: 991008 Length of Service (years, months, days): Active: 01 08 11 Inactive: None Age at Entry: 23...