PART I - APPLICANT’S ISSUES AND DOCUMENTATION
PART II - SUMMARY OF SERVICE
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW
Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 14 Dec 98, Article 3640420, DISCHARGE OF ENLISTED PERSONNEL ADJUDGED BY SENTENCE OF COURTMARTIAL
B. The Manual for courts-martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court martial for violation of the UCMJ, Article 86- unauthorized absence for more than 30 days.
C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.
PART IV - INFORMATION FOR THE APPLICANT
NAVY | DRB | 2001_Navy | ND01-00283
Chronological Listing of Significant Service Events : 960417: Applicant to pre-trial confinement.960709: Special Court Martial Charge I: violation of the UCMJ, Article 112A: Specification 1: Wrongfully distribute marijuana on 16Apr96, to wit: approximately two pounds of marijuana. CA 960923: Sentence approved and ordered executed, except for bad conduct discharge.960709: Applicant to confinement. (B, Part IV) The applicant's case was considered under the pertinent standards of equity to...
NAVY | DRB | 2004_Navy | ND04-00970
PART I - APPLICANT’S ISSUES AND DOCUMENTATION PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19970930 with a bad conduct discharge which was the sentence adjudged by a properly convened special court-martial. The Manual for courts-martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court martial for violation of the UCMJ, Article 81, conspiracy; Article...
NAVY | DRB | 2003_Navy | ND03-00542
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19930225 with a bad conduct discharge which was the sentence adjudged by a properly convened special court-martial. The Manual for courts-martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court martial for violation of the UCMJ, Article 134, fraud. PART IV - INFORMATION FOR THE APPLICANT If you believe that...
NAVY | DRB | 2003_Navy | ND03-01106
ND03-01106 Applicant’s Request The application for discharge review was received on 20030612. Chronological Listing of Significant Service Events :950823: Applicant to pretrial confinement.951101: Special Court Martial Charge I: violation of the UCMJ, Article 112A (2 specs): Specification 1: Wrongfully distribute about 0.07 pounds of marijuana on 950822. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19970403 with a bad conduct...
NAVY | DRB | 2000_Navy | ND00-00172
My Bad conduct discharge was inequitable because the special court martial failed to consider psychiatric treatments and diagnoses made by VA medical center Topeka, KS prior to my discharge. 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 wrote seven non decisional issues regarding the propriety and equity of his Bad Conduct Discharge. The names,...
NAVY | DRB | 1999_Navy | ND99-00476
My cocaine usage happened because of my addiction to alcohol. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 910205 with bad conduct due to convicted by special court martial (A). 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 Board found the applicant’s issues without basis with regard to the...
NAVY | DRB | 2004_Navy | ND04-01078
PART I - APPLICANT’S ISSUES AND DOCUMENTATION The Veterans of Foreign Wars submits to the Naval Discharge Review Board (NDRB) the above issue and following statement in supplement to the Applicant’s petition.The applicant requests that his Bad Conduct Discharge be upgraded to Honorable. 971120: NMCCCA: The findings of guilty and sentence, as approved on review, are affirmed.980319: Applicant petitioned USCAAF for grant of review of the decision of NMCCA.980605: USCAAF: Petition for grant...
NAVY | DRB | 2004_Navy | ND04-00469
The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 19900321 with a bad conduct discharge which was the sentence adjudged by a properly convened special court-martial. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100,...
NAVY | DRB | 2005_Navy | ND0500539
After a thorough review of the Applicant’s record, issues, and post service accomplishments, the Board determined these factors insufficient to mitigate the seriousness of the offenses for which the discharge was awarded. The NDRB is authorized 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. The Manual...
NAVY | DRB | 2003_Navy | ND03-00727
PART I - APPLICANT’S ISSUES AND DOCUMENTATION After a review of the Former Service Members (FSM) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of evidence assembled for review, we continue to note the contention of the appellant in his request for a discharge upgrade of his current Bad Conduct Discharge to that of Other Than Honorable.The FSM served on active service from June 25, 1990 to May 12, 1995 at which time he was...