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NAVY | DRB | 2006_Navy | ND0600770
Original file (ND0600770.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-SR, USNR
Docket No. ND06-00770

Applicant’s Request
The application for discharge review was received on 20060403 . 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 20070223 . 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 ization of the discharge shall not change. The discharge shall remain General (Under Honorable Conditions) by reason of misconduct due to commission of a serious offense.

The NDR B did note administrative error s on the original DD Form 214. Block 3 , Social Security NO , should read: “ 623-16-3350 , ” Block 12c, Net Active Service This Period, should read, “01 11 26,” and Block 28, Narrative Reason for Separation, should read: “Misconduct.” Comm ander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.




PART I - ISSUES AND DOCUMENTATION


Decisional Issues :

None
Documentation
In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214 (Member 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19960227 – 19960610      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19960 611              Date of Discharge: 19980605

Length of Service (years, months, days):

          Active: 0 1 11 26
         Inactive: 00 03 16

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

Age at Entry: 18

Years Contracted: 8 (3 years active)

Education Level: 12                                 AFQT: 32

Highest Rate: SN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                  Behavior: NA*             OTA: NA*
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): None.

* Not Available


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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MILPERSMAN, Article 1910-142.
Chronological Listing of Significant Service Events :

980130:  NJP for violation of UCMJ, Article 92: Wrongful possession of alcohol onboard a U.S. Naval Vessel.
          Violation of UCMJ, Article 121 : Larceny of personal property.
         Award: Forfeiture of $ 519. 00 pay per month for 1 month, restriction and extra duty for 45 days, reduction to E- 2 . No indication of appeal in the record.
980201:  Applicant ’s appeal of Administrative discharge.
980303:  Commanding Officer endorsement recommending disapproval of the Applicant’s appeal of a dministrative separation . “ The separation is justified by reason of Misconduct-Commission of a Serious Offense for both violation of the UCMJ as they would warrant punitive discharges. The fact that the charges are serious offenses deems the punishments and administrative separation as just and appropriate. ”

980311:  NJP for violation of UCMJ, Article 117.
         Violation of UCMJ, Article 128.
         Award: Restriction to USS REUBEN JAMES for 45 days, extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
980415:  Force Judge Advocate states appeals of administrative separation actions are not normally submitted until after initiation of administrative separation by the notification procedure.

980520 :  GCMCA, Commander determined that the Applicant was appropriately processed for separation and directed the Applicant's discharge with a general (under honorable conditions) characterization by reason of misconduct due to commission of a serious offense.

Service Record contains a partial Administrative Discharge package.
 Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19980605 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of general (under 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 (C and D). The Board presumed regularity in the conduct of governmental affairs (E).
The Applicant requests upgrade of his discharge to honorable. When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A 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. The Applicant’s service was marred by two nonjudicial punishment proceedings for violations of UCMJ Articles 92 (violation of an order), 117 (provoking speech and gestures), 121 (larceny), and 128 (assault) of the UCMJ. Violations of UCMJ Articles 92, 121, and 128 are considered serious offenses for which a punitive discharge is authorized at courts martial. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

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 additional evidence related to this discharge. 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 18, effective
12 Dec 97 until 29 March 2000, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE .

B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation o f the UCMJ, Articles 92 (violation of an order), 121 (larceny), and 128 (assault) .

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 .

 E. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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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