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NAVY | DRB | 2006_Navy | ND0600469
Original file (ND0600469.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-SN, USN
Docket No. ND06-00469

Applicant’s Request
The application for discharge review was received on 20060210 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions) . 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 20061206 . 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 by reason of misconduct due to commission of a serious offense .



PART I - ISSUES AND DOCUMENTATION



Decisional Issues :

Equity: Isolated incident.
Documents submitted by Applicant:
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
                  ANG      Unknown – 19900514       HON
         Inactive: USNR (DEP)     19900515 – 19900917       COG
Period of Service Under Review :
Date of Enlistment: 19900918              Date of Discharge: 19931015

Length of Service (years, months, days):

          Active: 0 3 00 27 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):

         Unauthorized absence: 120 days (IHCA)
         Confinement:              None.

Age at Entry: 20

Years Contracted: 4

Education Level: 12                                 AFQT: 58

Highest Rate: SN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3 . 4 ( 1 )               Behavior: 3.4 ( 1 )                  OTA: 3 . 60

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Meritorious Unit Commendation, National Defense Service Medal.


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

UNDER O THER THAN HONORABLE CONDITIONS/ MISCONDUCT, authority: MILPERSMAN, Article 3630600.
Chronological Listing of Significant Service Events :

920710:  Town of Groton Police Department: Applicant arrested for family violence – charged with assault 3rd degree and risk to injury to a minor .
930719:  Basilica & Stewart, Counselors at Law, New London, CT: This office represented the Applicant on his criminal charge before the State of Connecticut Courts. The Applicant pled guilty under the Alford Doctrine to the charge which we represented him on.
930729 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to civilian conviction as evidenced by your civilian conviction on 930315.

930729 :  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.
930804 :  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to commission of a serious offense and by majority vote, found that the Applicant had committed misconduct due to civilian conviction , that such misconduct warranted separation, a nd unanimously recommended discharge under other than honorable conditions.
931001 :  Commanding Officer r ecommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to civilian conviction. Co mmanding Officer’s comments: “ I concur with the findings of the Administrative Board and recommend that SN S_ (Applicant) be immediately separated from the Naval service. ”
931007 :  BUPERS directed the Applicant's discharge under other than 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 19931015 b y reason of misconduct due to commission of a serious offense (A) with a service characterization of under other than honorable conditions. 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 ).

Equity – Isolated incident: The Applicant contends that his discharge is inequitable because “it was based on one isolated incident in 36 months of service with no other adverse action.”

Applicable regulations require that a member’s characterization of service be based upon the member’s total performance of duty and conduct during the current enlistment. However, there are circumstances where conduct or performance of duty reflected by a single adverse incident may form the basis of characterization for a Sailor’s overall service. The incident need not result in formal punishment to be properly used to characterize a Sailor’s service. The Applicant’s record is marred by a civilian arrest for third degree assault and risk to injury to a minor. The Applica nt subsequently entered a guilty plea to his criminal charge before the State of Connecticut Courts. An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to commission of a serious offense and by majority vote, found that the Applicant had committed misconduct due to civilian conviction. Whenever a Sailor is involved in misconduct due to commission of a serious offense, commanders shall process the Sailor for separation, and normally, the characterization of service shall be under other than honorable conditions. The Applicant was properly notified, processed and discharged under other than honorable conditions by reason of misconduct due to commission of a serious offense . Based upon available records, nothing indicates that the Applicant’s discharge was in any way inconsistent with the standards of discipline in the U.S. Navy . Therefore, the Board concluded that the Applicant’s discharge was proper and equitable as issued. 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 post-service accomplishments or any other evidence related to the 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 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 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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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