Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600940
Original file (ND0600940.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. ND06-00940

Applicant ’s Request
The application for discharge review was received on 20060703 . 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 20070419 . 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 General (Under Honorable Conditions) by reason of misconduct due to commission of a serious offense.

PART I - ISSUES AND DOCUMENTATION


Decisional Issues
Equity: Isolated Incident
 Equity: Post-service

Documentation
In addition to the service record, 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: None
         Active: None
Period of Service Under Review :
Date of Enlistment: 19940823              Date of Discharge: 19961129

Length of Service (years, months, days):

          Active: 02 00 26
         Inactive: 00 02 13

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: 61

Highest Rate: SA

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3 . 5 ( 2 )                        Behavior: 3 .0 ( 2 )                  OTA: 3 . 8 0
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Southwest Asia Service Medal W/1 Bronze Star, Navy “E” Ribbon .


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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: MILPERSMAN, Article 3630605.
Chronological Listing of Significant Service Events :

941104 :  Commenced active duty for a period of 3 years .
960923 :  NJP for violation of UCMJ, Article 92 : On or about 1500, 960920, failed to obey lawful order.
Violation of UCMJ, Article 112a : On or about 1830, 960920, wrongfully use marijuana.
Violation of UCMJ, Article 134 : On or about 2330, 960920, wrongfully and unlawfully make under oath a false statement.
Additional Charge:
Violation of UCMJ, Article 92: On or about 1830, 960920, wrongfully leaving his buddy.
         Award: Forfeiture of $ 437.00 per month for 2 month s , restriction and extra duty for 45 days, reduction to E- 1 . No indication of appeal in the record.
961019:  Applicant waived right to an administrative board conditioned upon being separated from naval service with an Honorable or General characterization.
961019 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of commission of a serious offense and misconduct due to drug abuse.

961019 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

961020 :  Commanding Officer recommended discharge with type warranted by service record by reason of misconduct due to commission of serious offense and misconduct due to drug abuse.

961122:  BUPERS informed USS MOBILE BAY that conditional waivers are not authorized when processing for misconduct due to drug abuse. If SNM still attached to MOBILE BAY he must reexecute SOA and if he elects, an admin board must be convened.

961129:  Applicant discharged.

961203:  Message from COMCARGRU5 informing Bureau of Naval Personnel that the final discharge was general.
Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19961129 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 states his discharge was based on “one isolated incident in 24 months of service with no other adverse action.” Despite a servicemember’s record of service, certain serious offenses (even though isolated) warrant separation from the Naval service in order to maintain proper order and discipline. Mandatory processing for separation is required for Sailors who abuse illegal drugs. Separation under these conditions generally results in characterization of service under other than honorable conditions. There is credible evidence in the record that the Applicant used illegal drugs. In addition the Applicant’s service was marred by violations of UCMJ Articles 92 (failure to obey an order) and 134 (false swearing). Violations of Articles 92, 112, and 134 are considered serious offenses for which a punitive discharge is warranted 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. 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 mentions post service conduct in support of his request for upgrade of the characterization of his discharge. The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any post-service documentation to consider mitigating the misconduct that resulted in the characterization of discharge. 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), Change 14, effective
03 Oct 96 until 971212, Article 3630605, 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, Artic les 92 (disobey a lawful order), 112a (use of a controlled substance) , and 134 (false swearing) .
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

Similar Decisions

  • NAVY | DRB | 2006_Navy | ND0600161

    Original file (ND0600161.rtf) Auto-classification: Denied

    I further recommend that his characterization of service be Other than Honorable.”030626: DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct.Service Record contains a partial Administrative Discharge package. As of this time, the Applicant has not provided any post-service documentation for the Board to consider. 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...

  • NAVY | DRB | 1999_Navy | ND99-00739

    Original file (ND99-00739.rtf) Auto-classification: Denied

    No indication of appeal in the record.Retention Warning from USS PREBLE (DDG 46): Advised of deficiency (Your conviction of UCMJ, Article 107: False official statement, Article 123: Forgery, and Article 134: False official pass offenses), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board...

  • NAVY | DRB | 2005_Navy | ND0500989

    Original file (ND0500989.rtf) Auto-classification: Denied

    The Applicant requests that his characterization of service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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

  • NAVY | DRB | 2002_Navy | ND02-00458

    Original file (ND02-00458.rtf) Auto-classification: Denied

    ND02-00458 Applicant’s Request The application for discharge review, received 020304, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive:...

  • NAVY | DRB | 2009_Navy | ND0900697

    Original file (ND0900697.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Record Entries, and Discharge Process, the Board found ADDENDUM: Information for the Applicant Complaint Procedures : 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...

  • NAVY | DRB | 2004_Navy | ND04-00373

    Original file (ND04-00373.rtf) Auto-classification: Denied

    ND04-00373 Applicant’s Request The application for discharge review was received on 20031229. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. No indication of appeal in the record.890406: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse as evidenced by your CO’s NJP of 890330 for...

  • NAVY | DRB | 2006_Navy | ND0600601

    Original file (ND0600601.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events : 900401: Applicant to unauthorized absence at 0715.900404: Applicant from unauthorized absence at 1830 (3 days/surrendered).900413: NJP for violation of UCMJ, Article 86: Unauthorized absence on or about 0715, 900401 to 1830, 900404.Violation of UCMJ, Article 90: Failure to obey a lawful command from a superior commissioned officer on or about 900331. Therefore, the NDRB determined that the reason for the Applicant’s discharge shall not...

  • NAVY | DRB | 2003_Navy | ND03-00546

    Original file (ND03-00546.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events : 930520: Reenlisted for 5 years on-board USS VINCENNES (CG 49).931208: Executive Officer, Naval Amphibious Base, Coronado, advised Applicant that he was not in compliance with Navy Physical Fitness Standards due to being 29% body fat and ordered to report to the Command Physical Fitness Coordinator for enrollment in the Command Physical Conditioning Program.941114: Counseling: Advised of deficiency (failing the PRT/bodyfat cycle for the...

  • NAVY | DRB | 2005_Navy | ND0500559

    Original file (ND0500559.rtf) Auto-classification: Denied

    Documentation 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): Inactive: USNR (DEP) 970218 - 971026 COG Active: None Period of Service Under Review :Date of Enlistment: 971027 Date of Discharge: 990129 Length of Service (years, months, days):Active: 01 03 03 (Not to include lost time) Inactive: None The...

  • NAVY | DRB | 2005_Navy | ND0501402

    Original file (ND0501402.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). The Applicant provided two letters of recommendation from his college professors as documentation of post-service accomplishments. 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