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NAVY | DRB | 2004_Navy | ND04-00811
Original file (ND04-00811.rtf) Auto-classification: Denied


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

ex-RP3, USN
Docket No. ND04-00811

Applicant’s Request
The application for discharge review was received on 20040422. 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 20041029. 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)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “I received a General (Under Honorable Conditions) discharge and feel that I did not commit the alleged offense, aswauth. I did not want to press charges against my accuser who inappropriately approached me. I notified my command of her advances but did not want to press any charges against her. I was remanded to Alcohol Rehabilitation Program. I did not have an alcohol problem and was released. I had a sterling military career for five years, aswauth.

I received performance reports that always either were above standards or greatly exceeded standards.

I received the Navy Achievement Medal and Sailor of the Quarter for outstanding performance.

During my career not only was I an outstanding military professional but I also brought a great credit to myself and the Navy within the local community, aswauth. Please see attached Letters of Appreciation and Commendation.

I strongly feel that my performance and dedication to the Navy and my country warrants an Honorable discharge. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of Navy and Marine Corps Achievement Medal Certificate, dated May 18, 2000
Copy of Letter of Commendation, non dated
Copy of Senior Sailor of the Quarter Nomination Letter, dated January 10, 2001 (2 pages)
Copy of Letter of Congratulations for NETC Newport’s Sailor of the Quarter, dated February 9, 2001
Copy of Letter of Congratulations for Bachelor Housing Room of the Month, dated October 1, 2001
Copy of Letter of Congratulations for Command’s 1996 Homeport City Stars Nominee, dated December 24, 1996
Letter of Commendation, non dated
Copy of Letter of Congratulation for selection of Promotion, dated December 9, 1997
Copy of Letter of Commendation, dated February 8, 2000
Copy of NAVPERS 1070/604 (Awards Listing)
Copy of Girl Scouts Green Angel Award
Copy of Thank You Letter from N_ H_, Executive Director, Girl Scouts, dated March 16, 2000
Copies of Evaluation Report & Counseling Record (8 pages)
Copy of DD Form 214
Copy of Report of Medical History
Copy of Personal Credit Report (4 pages)
Copy of Certificate of Appreciation, dated December 2002
Copy of Award Recommendation/Authorization
Employment Reference Letter, dated March 25, 2003
Copy of Letter of Support dated, April 13, 2004
Copies of DD Form 214 (2)
Letter from Applicant, dated May 10, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     950720 - 960609  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 960610               Date of Discharge: 011005

 Length of Service (years, months, days):

         Active: 05 03 26
         Inactive: None

 Age at Entry: 31                          Years Contracted: 4 (24 months extension)

 Education Level: 14                        AFQT: 39

 Highest Rate: RP2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.36 (11)   Behavior: 3.36 (11)               OTA: 3 .43

 Military Decorations: None

 Unit/Campaign/Service Awards: BATTLE “E”, 9MM (PS), AFSM, AFEM(2), SSDR(2), GCM, NM, NUC, NAM

 Days of Unauthorized Absence: None

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

GENERAL(UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

010828:  CAAC screened and assessed Applicant and found that she meets the diagnostic criteria for alcohol abuse, recommend for outpatient treatment.

010906:  NJP for violation of UCMJ, Article 92: (6 specifications), Failure to obey a lawful order.
         Award: Forfeiture of $788.00 per month for 2 months (all but $250.00 per month suspended for 2 months), reduction to E-4 (suspended for 6 months). No indication of appeal in the record.

010917:  Applicant commenced Outpatient Treatment program at the Naval Ambulatory Care Center.
010925:  Applicant involuntary disenrolled from the Naval Ambulatory Care Center Outpatient Treatment program.

010925:  Commanding Officer vacated all portions of the suspended sentence from her NJP of 010906.

010927:  Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to the commission of a serious offense and alcohol rehabilitation failure.
010927:          Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
011003:  Commanding Officer directed discharge general (under 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 20011005 with a general (under 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: A characterization of service of under honorable conditions (general) 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 award of nonjudicial punishment (NJP) for violation of Article 92 of the UCMJ. Additionally, the Applicant was disenrolled from the Naval Ambulatory Care Center Outpatient Treatment Program for misconduct. The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable is inappropriate. 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’s evidence of post-service conduct was found not to mitigate her misconduct sufficient to warrant an upgrade to her discharge. Therefore, no relief will be 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 additional documentation to support any claims of post-service accomplishments or any other evidence relating to his discharge at that time.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 31, dated 20 Feb 01, effective 25 Jan 01 until 21 Aug 02, Article 1910-142 [formerly 3630605]. SEPARATION 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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