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NAVY | DRB | 2004_Navy | ND04-00649
Original file (ND04-00649.rtf) Auto-classification: Denied


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

ex-HA, USN
Docket No. ND04-00649

Applicant’s Request
The application for discharge review was received on 20040309. 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20041004. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB discovered no impropriety but did discern inequity in the characterization of the Applicant’s discharge. The Board’s vote was unanimous that the character of the discharge shall change. The discharge shall change to: GENERAL (UNDER 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 believe my discharge was overly Harsh because all my evaluation were above average during my time of service. I completed boot camp without incident. I graduated Corpschool in the top 15 of my class. I served all my duty stations without incident. My final evaluation was that of an average sailor. A series of incredibly careless decisions led to missing ships movement and my subsequent discharge. Since that time, I have become licensed in the state of Florida as a security officer. I am Post Commander. It is my sincere hope that in the years following my discharge that I have learned to grow up and demonstrate better decisions than those I made at the time of my discharge.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214 (Service copy)
Letter of Recommendation from J_ C_ T_, Access Control and Safety Committee, dated June 4, 2003.
Letter of Recommendation from J_ D_ R_, Account Representative, dated September 18, 2003
Applicant’s service record (15 pages)
Background check, dated April 13, 2004
Letter of Recommendation from Deputy Sheriff, undated
Certificate of Training from Protective Research Group, Inc., dated January 23, 2002
Certificate of Class D Training from Elite Security and Investigation, dated February 20, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     910911 - 920706  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 920707               Date of Discharge: 950818

 Length of Service (years, months, days):

         Active: 03 01 12
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 68

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.9 (3)     Behavior: 3.8 (3)                 OTA: 3.8

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM W/BRONZE STAR, AFEM, SSDR

 Days of Unauthorized Absence: 6

 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 :

950614:  Applicant went on Unauthorized Absence from USS DWIGHT D EISENHOWER at 0001, 950613. Intention unknown. Member also missed sailing of this vessel on 950613.

950622:  Applicant surrendered onboard USS DWIGHT D. EISENHOWER at 1200, 950619. Absence not excused, member was charged 6 days lost time.
950628:  NJP for violation of UCMJ, Article 86: Absent from ship without authority from 950613 to 950619, violation of UCMJ, Article 87: Missing ships movement through design, violation of UCMJ, Article 107: False official statement to a PO1.
         Award: Forfeiture of $400.00 per month for 1 months, restriction and extra duty for 30 days, reduction to E-2. No indication of appeal in the record.

950628:  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 all serious offenses under the UCMJ in your current enlistment.
950628:  Applicant advised of her 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. Applicant did not object to this separation.
950707:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by all serious offenses under the UCMJ in the current enlistment.

950727:  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 19950518 under other than honorable conditions for misconduct due to the 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 but not equitable (C and D).

 Issue 1: After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB discerned there was no impropriety but did discern an inequity in the characterization of the Applicant's service. The Board found that the Applicant’s enlisted performance and conduct prior to her NJP and her submission of post service documentation, persuaded the Board that the characterization of service was inequitable. However, the Applicant’s NJP for violating UCMJ, Articles 86, 87 and 107 was a significant breach of discipline. The Board determined upon review of the Applicant’s overall record that her service is equitably characterized as general (under honorable conditions). Therefore partial relief is granted.

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 her 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 – 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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