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NAVY | DRB | 2005_Navy | ND0500970
Original file (ND0500970.rtf) Auto-classification: Denied


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

ex-ETSN, USN
Docket No. ND05-00970

Applicant’s Request
The application for discharge review was received on 20050517. The Applicant requests his 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 a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20050915. After a thorough review of all available 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 characterization 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. “I respectfully request change of characterization to reflect the true nature of my service. My discharge took place over (1) one alcohol related incident due to grieving over my father’s passing. Thank you for taking the time necessary to review this application.”

 Documentation

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     890623 - 890807  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 890808               Date of Discharge: 921005

 Length of Service (years, months, days):

         Active: 03 01 28
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 68

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (2)             Behavior: 3.60 (2)                OTA : 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: Sea Service Deployment Ribbon, National Defense Service Medal, Southwest Asia Service Medal with 1 Star

 Days of Unauthorized Absence: None

 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 :

901019:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 134:
         Specification: Consuming alcohol under 21 years of age.
          Finding: to Charge I, guilty
          Sentence: Forfeiture of $405.00, restriction for 15 days, hard labor without confinement for 15 days.
         CA action 901029: Sentence approved and ordered executed.

920813:  NJP for violation of UCMJ, Article 108: Willfully damaging government property, violation of UCMJ Article 128: Assault.
         Award: Forfeiture of $501 per month for 1 month, restriction and extra duty for 30 days, reduction to E-3. No indication of appeal in the record.
920813:  Applicant notified of intended recommendation for discharge by reason of misconduct due to the commission of a serious offense as evidenced by all nonjudicial punishments and summary court-martial of 29 October 1990 documented in your service record. The characterization of your service may be under other than honorable conditions.
920814:  Applicant advised of rights and having elected not to consult with counsel, waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
920901:  Substance Abuse Report/Drug Evaluation: Applicant is not dependent on alcohol.
920903:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

920922:  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 19921005 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of under other than honorable conditions. After a thorough review of all available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

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. 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. Certain serious offenses warrant separation from the naval service in order to maintain proper order and discipline. A Summary Court Martial for violation of UCMJ Article 134 (consuming alcohol under 21 years of age) and a nonjudicial punishment (NJP) for violations of UCMJ Article 108 (willfully damaging government property) and Article 128 (assault) marred the Applicant’s service record. Each violation of Article 108 and 128 is defined as the commission of a serious offense, hence the misconduct by commission of a serious offense for which he was separated. Separation under these conditions generally results in a characterization of service of under other than honorable conditions. Relief is not warranted.

The Applicant contends his disciplinary problems were the result of stress caused by inability to deal with his father’s death. 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. 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 did not submit documentation for the board to consider. Based on a lack of sufficient post service factors, 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. 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), effective 15 Aug 91 until
04 Mar 93, 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 violations of the Uniform Code of Military Justice, Article 108 (willfully damaging government property) and Article 128 (assault), 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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