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NAVY | DRB | 2005_Navy | ND0500529
Original file (ND0500529.rtf) Auto-classification: Denied


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

ex-RM2, USN
Docket No. ND05-00529

Applicant’s Request
The application for discharge review was received on 20050207. 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 20050519. 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 - Convicted by a civil court for offense(s) occurring during current term of military service, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.” I’m requesting an upgrade because I am a mature veteran now and served my country faithfully and hope to be upgraded to become a proud veteran. At the time of military service, I realize I made a big mistake by not adhering to military rules and regulations. After discharge from the military, I grew up to be a proud veteran who I love serving my country. I am requesting an upgrade and praying that the board correct my discharge to “honorable”. I can proudly become the great veteran in my heart with good character to proudly become employed with great self esteem and I will remember all the good training I achieved during my military stay to become a great man I am today.”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Police Report dated January 19, 2005

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     811016 - 811227  COG
         Active: USN                        811228 - 841220  HON
         Active:  USN                       841221 – 901030  HON

 Period of Service Under Review :
Date of Enlistment: 901031               Date of Discharge: 910912

 Length of Service (years, months, days):

         Active: 00 10 12
         Inactive: None

 Age at Entry: 30                          Years Contracted: 6

 Education Level: 11      (GED)             AFQT: 48

 Highest Rate: RM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.70 (2)             Behavior: 3.60 (2)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SACM, SSDR(3), OSR(3), SECNAV Letter of Commendation, NEM, GCA

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct-Convicted by a civil court for offense(s) occurring during term of military service, authority: MILPERSMAN, Article 3630600.




Chronological Listing of Significant Service Events :

901031:  Reenlisted on board USS IWO JIMA (LPH2) for 6 years.

 910729:  Medical Officer’s evaluation determined that applicant is alcohol dependent and that he does not feel he has potential for further naval service.

910730:  Civil Conviction: Driving under the influence.
 Sentence: $250.00 fine and cost, 60 days in jail, driving privileges suspended for 6 months.

910823:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to civil conviction [Extracted from CO’s message].
910823:  Applicant advised of 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 [Extracted from CO’s message].

910903:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to civil conviction.

910911:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to civil conviction.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19910912 under other than honorable conditions for misconduct due to civil conviction (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: The Applicants record documents his disciplinary infractions stemming from his abuse of alcohol and the U.S. Navy’s efforts to provide assistance. The NDRB recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted that most members of the Navy serve honorably and therefore earn their honorable discharges. In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. The NDRB found that the Applicant's service was equitably characterized.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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. However, 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. Examples of documentation that should be provided to the Board include credible evidence of a substance free lifestyle, certification of non-involvement with civil authorities, proof of educational pursuits, verifiable employment records, and documentation of community service. As of this time, the Applicant has not provided sufficient documentation for the Board to consider. 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, (September 12, 2006). The Applicant is encouraged to personally present the facts of his discharge as well as 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. Many veteran’s organizations i.e. American Legion, Veterans of Foreign Wars, and Disabled American Veterans provide representation free of charge.





 Pertinent Regulation/Law (at time of discharge)

 A. The Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Aug 91 until 04 Mar 93), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT.

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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