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NAVY | DRB | 2005_Navy | ND0500397
Original file (ND0500397.rtf) Auto-classification: Denied


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

ex-ETSN, USN
Docket No. ND05-00397

Applicant’s Request
The application for discharge review was received on 20050103. The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). The Applicant requested a documentary record review. The Applicant did not list a representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050214. 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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “My discharge was inequitable because it was based on a very brief period of my term. Out of the 46 months I served, I did not have a bad review, until the end. The command I was stationed at (NAVCOMTELSTA) in Sicily, recommended a General under Honorable conditions. It wasn’t until the final paper work came back that everyone realized that my discharge was OTH. I believe they knew me and my record better than anyone else, and they recommended the General/Honorable. I appreciate your time and consideration in this matter.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     890830 - 890911  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 890912               Date of Discharge: 930329

 Length of Service (years, months, days):

         Active: 03 05 21
         Inactive: None
Age at Entry: 20                          Years Contracted: 4 (24 months extension)

 Education Level: 12 (GED)                          AFQT: 84

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.93 (3)             Behavior: 3.80 (3)                OTA: 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, OSR (2)

 Days of Unauthorized Absence: 30

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

911108:  NJP for violation of UCMJ, Article 86: Absence without leave on or about 911005, violation of UCMJ, Article 111: Drunken or reckless driving on or about 910922.
         Award: Correctional Custody Unit for 30 days, forfeiture of $463.00 pay per month for 2 months, reduction to E-3. No indication of appeal in the record.

920307:  Punishment of reduction to next inferior paygrade awarded at CO’s NJP on 911108 suspended for six months.
921021:  NJP for violation of UCMJ, Article 134: Drunkeness, incapacitation for performance of duties through over indulgence of intoxicating liquor on or about 920925.
         Award: Forfeiture of $502.00 pay per month for 1 month, reduction to E-3 (suspended for 6 months). No indication of appeal in the record.

921207:  Medical Officer evaluation found applicant alcohol dependent, recommended for Level III treatment.

930205:  Applicant notified of intended recommendation for discharge with a least favorable characterization of under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by conviction at NJP for violation of UCMJ, Article 111, and by reason of alcohol abuse rehabilitation failure as evidenced by your refusal to participate in a Level III alcohol rehabilitation program. Applicant did not object to separation.
930205:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ, Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
930216:  Commanding Officer recommended discharge under honorable conditions (general) by reason of misconduct due to the commission of a serious offense and by reason of alcohol rehabilitation failure.

930303:  BUPERS 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 19930329 under other than 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: When the service of a member of U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. An Under Other Than Honorable Conditions discharge 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 two nonjudicial punishment (NJP) proceedings for violations of Articles 86 (Unauthorized absence), Article 111 (Drunk and reckless driving), and Article 134 (Drunkenness). Article 111 is considered to be a serious offense. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for upgrade to the characterization of service. Relief denied.

 The Board, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such change is warranted. There is no evidence of impropriety or inequity in the Applicant’s discharge. The Applicant’s misconduct is clearly documented. Therefore, relief is denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the Board, within 15 years from the date of discharge. 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 5, effective
05 Mar 93 until 21 Jul 94, Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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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