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NAVY | DRB | 2004_Navy | ND04-01159
Original file (ND04-01159.rtf) Auto-classification: Denied


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

ex-ABFAA, USN
Docket No. ND04-01159

Applicant’s Request
The application for discharge review was received on 20040715. 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 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 20041122. 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 1910 - 142 (formerly 3630605).



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 No issues were submitted by the Applicant.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD form 214
 Applicant indicated additional letter from Congressmen C_ P_. None was found.


PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     970211 - 970910  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 970911               Date of Discharge: 030328

 Length of Service (years, months, days):

         Active: 05 06 18
         Inactive: None

 Age at Entry: 18                          Years Contracted: 6

 Education Level: 12                        AFQT: Unknown

 Highest Rate: ABF3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (5)    Behavior: 3.00 (4)                OTA: 3.13

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC, AFEM, KCM, NM, GCM, NDSM, Battle “E” Ribbon, SSDR (2), AFSM

 Days of Unauthorized Absence: 50

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

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

 Chronological Listing of Significant Service Events :

990331:  NJP for violation of UCMJ, Article 86 (2 specs): Absent from unit.
         Award: Forfeiture of $400 per month for 1 month, restriction and extra duty for 45 days. No indication of appeal in the record.
020406:  Commanding Officer requested waiver for Applicant’s alcohol rehabilitation failure.

020502:  COMNAVPERSCOM approved alcohol rehabilitation failure waiver request.

030118:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 030118 having been an unauthorized absentee since (0700) 021218 from SUP PRGMGR SF OC.

030125:  Report of Return of Deserter. Applicant surrendered (1300) 030125 at SUP PRGMGR SF OC.

030211:  Applicant to UA.

030215:  Applicant surrendered at the NRMC, Portsmouth, VA and admitted for treatment after an apparent attempt at suicide.

030227:  Summary Court Martial
         Charge I: Violation of the UCMJ, Article 86, (2) Specifications.
         Specification 1: Unauthorized absence 001218 – 030125.
         Specification 2: Unauthorized absence 030211 – 030215.
         Findings: To Charge I and specifications 1 and 2 thereunder, guilty.
         Sentence: CHL for 30 days, forfeiture of 2/3 pay for 1 month, reduction to E-2.
        
030227:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
030227:          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.
030306:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

030307:  CNRMA 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 20030328 under other than honorable conditions for misconduct due to a 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).

The Applicant did not introduce any decisional issues for the Board’s consideration. A service characterization of under other than honorable conditions is warranted when the member’s conduct constitutes a significant departure from that expected of a Sailor. The Applicant’s service was marred by award of nonjudicial punishment (NJP) for violating the UCMJ, Article 86 (2 specifications), summary court-martial conviction for violating the UCMJ, Article 86 (2 specifications) and alcohol rehabilitation failure thus substantiating the misconduct. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflect his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for a general (under honorable conditions) characterization of service. Relief 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), re-issued October 2002, effective 22 Aug 02 until Present, 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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