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NAVY | DRB | 2006_Navy | ND0600910
Original file (ND0600910.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-ET2, USN
Docket No. ND06-00910

Applicant’s Request
The application for discharge review was received on 20060627 . The Applicant requests th e Narrative Reason for Separation be changed to “ Early Release .” 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 20070426 . 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 and reason for discharge shall not change. The discharge shall remain Honorable by reason of misconduct due to commission of a serious offense.


PART I - ISSUES AND DOCUMENTATION

Decisional Issues
Propriety: Applicant claims he was wrongly charged with a commission of serious offense.
Equity: Quality of Service.


 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Statement in Support of Claim from Department of Veterans Affairs
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19750324 - 19759608       COG
         Active: USN      19750609 - 19790607       HON
          Active: USN      19790608 - 19840909      HON
         Active: USN      19840910 – 19890408      HON
Period of Service Under Review :
Date of Enlistment: 19890409              Date of Discharge: 19920727

Length of Service (years, months, days):

          Active: 0 3 0 3 19
         Inactive: None

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

Age at Entry: 33

Years Contracted: 4

Education Level: 12                                 AFQT: 6 0
Highest Rate: ET1

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3 . 6 ( 5 )              Behavior: 3 . 4 ( 5 )                           OTA: 3 . 72

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Sea Service Deployment Ribbon (4), Good Conduct Award (2), Navy “E” Award (3), Armed Forces Expeditionary Medal (2), Humanitarian Service Medal, National Defense Service Medal (2)


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

H ONORABLE/ Misconduct - commission of a serious offense , authority: MILPERSMAN, Article 3630600.
Chronological Listing of Significant Service Events :

890409 :  Reenlisted this date for a term of 4 years.
910402 :  NJP for violation of UCMJ, Article 134 : Disorderly conduct, drunkenness .
         Violation of UCMJ, Article 92 : Failure to obey order or regulation .
 Violation of UCMJ, Article 111 : Drunken driving .
         Award: Forfeiture of $ 720. 00 pay per month for 2 month s , restriction and extra duty for 45 days, reduction to E- 5 . No indication of appeal in the record.
920727 :  DD Form 214: Applicant discharged with a n H onorable discharge by reason of misconduct due to commission of a serious offense , authority MILPERSMAN 3630600/NSB PH LTR 16JUL92. .


Service Record Book did not contain the Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19920727 by reason of misconduct due to commission of a serious offense (A and B) with a service characterization of honorable. 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 is claiming his narrative reason was improper due to the fact that his commission of a serious offense (COSO) DUI was later reduced by a civilian court to reckless driving. A Commission of a serious offense does not require adjudication by nonjudicial, judicial proceedings or civilian conviction; however, the Applicant’s DUI was adjudicated at a nonjudicial punishment (NJP) proceeding. For the edification of the Applicant a reduction of a charge by a civilian authority has no bearing on the charges that were adjudicated at NJP. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his action. Relief denied.

The Applicant claims his narrative reason for discharge was inequitable based on his 17 years of honorable service. For the edification of the Applicant the discharge characterization of service and the narrative reason are voted separately. The record shows the Applicant’s discharge characterization as honorable. The Applicant’s service record is marred by award of nonjudicial punishment (NJP) for violations of UCMJ Articles 92 (Failure to obey order or regulation), 111 (Drunken driving), and 134 (Disorderly conduct, drunkenness). All three violations are considered serious offenses thus substantiating the misconduct for which he was separated. The summary of service clearly documents that misconduct due to commission of a serious offense was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considers his discharge proper and equitable. 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 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), effective 15 Aug 91 until
04 Mar 93, Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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 of the UCMJ, Article 92 (Failure to obey order or regulation), 111 (Drunken driving) and 134 (Disorderly conduct, drunkeness).

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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