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NAVY | DRB | 2005_Navy | ND0500340
Original file (ND0500340.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-ABH3(SW, AW), USN
Docket No. ND05-00340

Applicant’s Request
The application for discharge review was received on 20041215. The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20050908. 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 and reason for discharge shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of misconduct due to commission of a serious offense .

 PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“After two separate tours overseas, Enduring & Iraqi Freedom, I feel my discharge was inequitable for the following reasons: I feel item #28 on my DD-214 was severe for an ARD (alcohol) failure.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20000208 - 20000216      COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 20002017             Date of Discharge: 20031015

 Length of Service (years, months, days):

         Active: 03 07 29 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 13 days
         Confinement:              None

 Age at Entry: 30

 Years Contracted: 4 (12 month extension)

 Education Level: 16                                 AFQT: 79

 Highest Rate: ABH3 (SW, AW)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                           Behavior: NA*    OTA: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Battle “E” Award, Navy Achievement Medal, Sea Service Deployment Ribbon (2), National Defense Service Medal, Navy Unit Commendation
* Not Available


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

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

 Chronological Listing of Significant Service Events :

000202:  Pre-service waiver for elevated blood pressure (physical standards) granted.

000208:  Pre-service waiver for wrongful appropriation of a motor vehicle (non-minor misdemeanor) granted

 020513:  Applicant to unauthorized absence at 0600 on 020513.

 020526:  Applicant from unauthorized absence at 0900 on 020526 (13 days/surrendered).
020605:  NJP for violation of UCMJ, Article 86: Unauthorized absence for 13 days.
         Award: Restriction and extra duty for 30 days, reduction to E-3. All punishment suspended for 6 months. No indication of appeal in the record.

031015:  DD Form 214: Applicant discharged with a general (under honorable conditions) by reason of commission of a serious offense, authority: MILPERSMAN 1910-142.


*Service Record did not contain the Administrative Discharge package
*Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20031015 by reason of misconduct due to commission of a serious offense (A) with a service characterization of general (under honorable conditions). 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 contends that his discharge was inequitable because the narrative reason (misconduct) was severe for an alcohol rehabilitation failure. The Applicant was discharged on 20031015 with a general (under honorable conditions) characterization by reason of misconduct-commission of a serious offense. The Applicant’s service was marred by one nonjudicial punishment proceeding for violation of Article 86; unauthorized absence for 13 days. The Board applied the presumption of regularity of governmental affairs in this case in the absence of a complete summary of service and discharge package. The NDRB presumes that the Applicant committed a serious offense and that the discharge was proper and equitable. The Applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support his issue. The Applicant’s statements alone do not overcome the government’s presumption of regularity in this case. Relief denied.

For the edification of the Applicant, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. 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 discharge. Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that should be provided to receive consideration for relief, based on post-service conduct. As of this time, the Applicant has not provided any post-service documentation for the Board to consider.

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 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .


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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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