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NAVY | DRB | 2005_Navy | ND0500771
Original file (ND0500771.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND05-00771

Applicant’s Request
The application for discharge review was received on 20050404. The Applicant requests her characterization of service received at the time of discharge changed to honorable. The Applicant requests a documentary record discharge review. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that she was approaching the 15-year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington D.C. area. The Applicant advised the Board that she was unable to travel to Washington DC for a personal appearance.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050811. 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:

“ With regard to leaving my post (unauthorized absence) and related activities recognized as insubordination, I have since proven and maintained an impeccable and commendable lifestyle.

My irresponsible actions were a one-time occurrence and a regrettable mistake.

I believe that I have proven myself to be a responsible, reliable, and dependable person. I have achieved many of my goals because of my continued perseverance & confidence.

Enclosed are documents demonstrating my life following my discharge, and I ask that my discharge be upgraded to “Honorable”.

Thank you,
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
President’s Honor List from St. Petersburg College dated May 26, 2004
Honors College at St. Petersburg College dated May 24, 2004
Associate in Arts Degree (Engineering Electronics) dated August 1998
Associate in Arts Degree (Computer Electronics) dated August 1998
Certificate of Achievement (Engineering Electronics) dated August 1998
Certificate of Completion (Quality Auditing) dated June 03, 2000
Certificate of Completion (Internal Quality Systems Auditor Course) dated December 11, 2002
Certificate of Completion (Acceptability of Electronic Assemblies) dated February 11, 2003
Certificate of Completion (Acceptability of Electronic Assemblies) dated March 9, 2001
Certificate of Completion (Requirements for Soldered Electrical and Electronic Assemblies) dated June 15, 2001
Employment Reference Letter from M___ T. H___, V.P. Manufacturing, Faulhaber Group dated October 29, 2003
Employment Reference Letter dated November 7, 2003
Employment Reference Letter dated November 12, 2003
Employment Reference Letter dated October 20, 2000
Employment Reference Letter dated October 20, 2000
Employment Reference Letter dated October 19, 2000
Employment Reference Letter dated October 29, 1996
Letter of Eligibility for Palomar College Honor Societies dated August 12, 1996
Certificate of Completion (Photoshop 6.0 Level I) dated November 12, 2001
Certificate of Completion (Photoshop 6.0 Level 2) dated November 26, 2001
Certificate of Completion (Photoshop 6.0 Level 3) dated December 14, 2001
Certificate of Completion (Illustrator 9 Level 1) dated February 11, 2002
Certificate of Completion (Illustrator 9 Level 2) dated April 24, 2002
Certificate of Completion (Illustrator 9 Level 3) dated April 29, 2002
Certificate of Completion (Photoshop 6.0 Color Correction & Printing) dated March 8, 2002
Certificate of Completion (Windows 2000) dated March 27, 2002
Certificate of Completion (InDesign 2.0 Level 1) dated July 15, 2002
Certificate of Completion (PowerPoint 2000 Level 1) dated September 6, 2002
Certificate of Completion (Acrobat 5.0 Level 1) dated September 10, 2002
Certificate of Completion (Visio Professional 2000) dated September 20, 2002
Certificate of Completion (Access 2000 Level 1) dated July 17, 2003
Certificate of Completion (Access 2000 Level 2) dated August 6, 2003
Certificate of Completion (Access 2000 Level 3) dated August 18, 2003
Certificate of Completion (Refresher Course for ASQ Certified Quality Auditor Exam) Surface Mount Technology Association Certificate
St. Petersburg College Official Transcript, Bachelor of Applied Science in Technology Management (3 pages)
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     890131 - 890409 
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 890410               Date of Discharge: 900523

 Length of Service (years, months, days):

         Active: 01 01 07
         Inactive: None

 Age at Entry: 26                          Years Contracted: 4 (24 months extension)

 Education Level: 12 1/2                    AFQT: 82

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: NOB             OTA : NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 1

 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 :

890131:  Applicant signed drug and alcohol abuse statement of understanding.

890309:  Waiver for Pre-Service DUI.

890412:  Applicant briefed on Navy policy of drug and alcohol abuse as set forth in the OPNAVINST 5350.

890803:  NJP for violation of UCMJ, Article 112: Drunk on duty.
         Award: Restriction to NTS ORL FL for 30 days, forfeiture of $350.00 per month for 2 months, extra duty for 15 days. No indication of appeal in the record.

890828:  Applicant entered Level III intensive inpatient treatment for alcohol dependence.
891006:  Applicant completed six weeks inpatient treatment for alcohol dependence.

900219:  Applicant to unauthorized absence, 0730 this date.

900220:  Applicant returned from unauthorized absence, 1500 this date.

900223:  Retention Warning: Advised of deficiency (Command Referral), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900306:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 107: (2 Specifications), false official statement to a CPO.
         Award: Restriction and extra duty for 12 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.

900321:  Aftercare Program Manager’s Letter; applicant is considered an Aftercare Program Failure due to refusal to abstain from drinking during her one year aftercare period and incurring another alcohol incident.

900326:  Applicant notified of intended recommendation for discharge. If the separation is approved by Commander, Naval Military Personnel Command, it will result in discharge and your characterization of service may be under other than honorable conditions by reason of alcohol abuse rehabilitation failure and by reason of misconduct due to the commission of a serious offense.

900326:  Applicant advised of rights and having elected to consult with counsel, elected the right to obtain copies of the documents used to support the basis for the separation, the right to appear before an Administrative Discharge Board, the right to submit statements on her own behalf either, verbally of in writing and the right to representation at the Administrative Board by qualified counsel.

900405:  Reduction in rate to SA suspended at NJP of 900306 vacated due to continued misconduct.

900410:  Applicant to unauthorized absence, 0600 this date.
900416:  Applicant returned from unauthorized absence, 2113 (surrendered) this date.
900420:  Applicant waived previously elected Administrative Discharge Board.
900503:  Applicant to unauthorized absence, 0520 this date.

900504:  Applicant returned from unauthorized absence, 0520 (surrendered) this date.

900507:  NJP for violation of UCMJ, Article 86: Unauthorized absence; violation of UCMJ Article 92: Failed to obey lawful order by wrongfully jumping out of a window to go UA.
         Award: Forfeiture of $362.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
900507:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and alcohol abuse rehabilitation failure.

900518:  CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

900523:  Applicant discharged.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19900523 under other than honorable conditions for misconduct due to commission of a serious offense (A and 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).

 Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. After a thorough review of Applicant’s case the Board discovered no impropriety or inequity. When the service of a member of the U.S. Navy has met the standard of acceptable conduct and performance, it is appropriate to characterize that service as honorable. A 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. Certain serious offenses warrant separation from the naval service in order to maintain proper order and discipline. The Applicant’s service was marred by three nonjudicial punishment (NJP) proceedings. Her first NJP resulted from a violation of UCMJ Article 112 (drunk on duty), the second followed violations of UCMJ Article 86 (unauthorized absence) and Article 107 (false official statements), the final NJP again followed a violation of Article 86 (unauthorized absence) coupled with a violation of Article 92 (failure to obey orders). There is credible evidence in the record that the Applicant violated Articles 92, 107 and 112 thus substantiating the misconduct by commission of a serious offense for which she was separated. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy and falls short of that required for an upgrade of her characterization of service. Relief is not warranted.

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. 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 proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. The Applicant submitted the following documentation; seven employment references, 20 certificates of completion, President’s Honor list, two Associates in Arts degrees and Bachelors of Applied Science degree from St. Petersburg College. After careful consideration, the Board concluded the Applicant’s post-service achievements have been insufficient to mitigate her misconduct while in the Naval service. Relief denied.

The NDRB has no authority to provide an additional review of this case since Applicant’s discharge occurred more than 15 years ago. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if she desires further review of her case.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 8, effective
21 Aug 89 until 14 Aug 91, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Articles 92 (failure to obey order), 107 (false official statement) and 112 (drunk on duty) if adjudged at a Special or General Court-Martial.
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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