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NAVY | DRB | 2005_Navy | ND0500862
Original file (ND0500862.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-AZ2, USNR
Docket No. ND05-00862

Applicant’s Request
The application for discharge review was received on 20050426. 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 20050819. 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 Honorable Conditions (General) 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:

“This application is being submitted Due to an General under honorable conditions discharge. At the time of discharge I was having a lot of personal problems in my life. My mother and my sister had passed away and I had been drinking a lot due to this. My squadron decided to discharge me Instead of trying to help me. At time of discharge I had never been in trouble never put on report and was a model sailor. My service record and my Evaluations show this. I am asking that my discharge be changed to honorable. Thank you for your help in this matter.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Applicant’s DD Form 215

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19890406 - 19890424               COG
         Active: USNR              19890425 - 19930422               HON
 USN                      19940423 – 19970415      HON
Period of Service Under Review :
Date of Enlistment: 19970416             Date of Discharge: 20001027

 Length of Service (years, months, days):

         Active: 03 06 12         (11 06 03 total service)
         Inactive: None

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

 Age at Entry: 28

 Years Contracted: 4

 Education Level: 11 GED                    AFQT: 54

 Highest Rate: AZ2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.3 (3)              Behavior: 2.3 (3)                 OTA: 2.90

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214) : Chief of Naval Operations Letter of Commendation, Joint Meritorious Unit Award, Navy “E” Ribbon, National Defense Service Medal, Navy Good Conduct Medal (2)


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

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

 Chronological Listing of Significant Service Events :

970416:  Reenlisted this date for a term of 4 years.
000910:  Applicant arrested by Virginia Beach Police Department, driving under the influence. [Extracted from Commanding Officer’s letter dated 001016.]

001010:  Civil Conviction: Virginia Beach District Court for violation of driving under the influence. Applicant plead guilty.
 Sentence: Fine of $250.00, jail for 30 days, probation for one year and driver’s license suspended for 1 year. Jail for 25 days suspended. [Extracted from Commanding Officer’s letter dated 001016.]
001012:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of commission of a serious offense - alcohol related as evidenced by DUI civilian conviction.
001012:  Applicant advised of rights and having consulted with counsel, elected to waive all rights except.
001016:  Commanding Officer, Fighter Squadron Composite 12, recommended discharge with a general (under honorable conditions) by reason of misconduct due to commission of a serious offense as evidenced by DUI civilian conviction. Commanding Officer’s comments: “As a result of AZ2 F_ (Applicant)’s incidents with alcohol abuse during this enlistment, he has no potential for VFC-12 or the U.S. Navy. I strongly recommend AZ2 F_ (Applicant) be separated from the Naval service by commission of a serious offense due to alcohol incident as evidence by DUI civilian conviction, and his characterization of service be GENERAL (Under Honorable Conditions).”

001023:  CNPC directed the Applicant's discharge with a general (under honorable conditions) by reason of misconduct due to commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20001027 by reason of misconduct due to commission of a serious offense (A) with a service characterization of under honorable conditions (general). 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 (B and C).

Issue: 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 honorable conditions (general) 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. Despite the servicemember’s record of service, certain serious offenses warrant separation from naval service in order to maintain proper order and discipline. The Applicant’s service was marred by a civil conviction of driving under the influence of alcohol, where he was fined $250, sentenced to 30 days in jail and one year of probation as well as a suspended drivers license for one year. Though unadjudicated under the UCMJ his civilian conviction constitutes a serious offense thus the misconduct for which he was separated. The Applicant’s conduct, which forms the primary basis for determining the character of service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls short of that required for an upgrade in the characterization of service. Relief is not warranted.

The Applicant contends that his problems in the Navy can be attributed to personal problems, specifically the deaths of his Mother and sister. While he may feel that his personal problems caused his drinking and driving incident, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

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 provided no 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), Change 30, dated 7 Nov 00, effective 30 Aug 00 until 24 Jan 01, 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 V, Para 502, Propriety .

 C. 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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