Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600980
Original file (ND0600980.rtf) Auto-classification: Denied

, ex-FC3, USN
ND06-00980

 Current Discharge and Applicant’s Request :

Application Received:                               20 060719
Narrative Reason for Separation:                          
Character of Service:                               
Discharge Authority :                                MILPERSMAN 3630605
Last Duty Assignment/ Command at Discharge:       USS STUMP (DD 978)

Applicant’s Request:
          Narrative Reason change to:               REQUESTED CHANGE BUT DID NOT SPECIF Y
         Characterization chang e to:               
         Review Requested :                          
Representation:                                             


Decision:

Date of Decision:                                             20 070523
The Discharge shall change to:                    
                                                      sECRETARIAL AUTHORITY
Regarding p ropriety , the Board found the discharge :      
Regarding e quity , the Board found the discharge :         
( or BCD only) The Board found that clemency was:       
Vot e (characterization/reason)                      /
Location of Board:                                  Washington D.C.
Complete Service Record:                                    YES
Complete Medical Record:                           yes
Discharge Package Complete:                        yes


Summary of Service :

Prior Service:
 Inactive: USNR (DEP)                                19931007-19940906      
Active:                                          NONE      
Period of Service Under Review :
Date of Enlistment:                                 19940907      
Years Contracted :                                   ;      
Date of Discharge:                                  20000203
Length of Service:                                  05 Yrs 04 Mos 28 Days Does not exclude lost time, if any.
Time Lost During This Period:                      NONE     
                                                     
                          
Education Level:                                   
Age at this Enlistment:                                    
AFQT:                                                 69      
Highest Rate/Rank:                                   FC2

Performance Evaluation Averages (number of marks):
 Performance /Behavior/OTA :                          4.3 3 (6) 3. 17 (6) 3. 70
         Extracted from: Supporting Documents Other:      

Awards and Decorations (as listed on the DD Form 214): SEA SERVICE DEPLOYMENT RIBBON (2); MERITORIOUS UNIT COMMENDATION; GOOD CONDUCT MEDAL; NATIONAL DEFENSE SERVICE MEDAL; ARMED FORCES EXPEDITIONARY MEDAL      




Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

20000203 :        NJP for violation(s) of UCMJ:
         Article 86 : On or about 2000, 000125, without authority, go from appointed place of duty, and did remain so absent until 0630, 000126. .
         Award: R estriction and extra duty for 30 days , reduction in rate to next inferior pay grade .
        No indication of appeal in the record.


Elements of Discharge: [ IN VOLUNTARY]

Discharge Process :                                 
Date Notified :                                        20000203
Narrative Reason(s):                               
Least Favorable Characterization:                         
Record Supports Narrative Reason :                          no
Date Applicant R esponded to N otification:                 20000203
Rights E lected at N otification :
Consult with Counsel                      
Administrative Board                      
Obtain Copies                             
Submit Statement(s)                       
GCMCA Review                               
Board Date :                                          NOT APPL ICA BLE
Finding of Administrative Board:                           NOT APPLICABLE
Recommendation of Commanding Officer (date):     20000203
Discharge directed by (date):                       COMMANDING OFFICER 20000203      
Narrative reason directed :                                  
Characterization of directed:                     
Date Applicant Discharged:                         20000203



Additional Information Considered by Board

 Type of d ocumentation submitted by t he Applicant and considered by the Board
        Document Type                                        #Pages
 Related to Period of Service:
          Service/Medical Record :                              2
         Other Period of Service:                                         
Related to Post-Service Period:
          Community Service :                                        
         Education :                                                
         Employment :                                               
         Health /Medical :                                            
         Character Statements:                                    
         Criminal Records Checks:                                         
         Additional Statements from Applicant:             4
Other Documentation      (Describe Below)                      

Total Number of Pages:                              6

D escription of Other Documentation:
     

For Personal Appearance Hearings only:
 Applicant Testified:
Applicant Available for Questions:
Witnesses:      
Observers:      


Discussion of Discharge Review

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless ther e is substantial credible evidence to rebut the presumption , to include evidence submitted by the Applicant . A fter a thorough review of the available evidence , to include the Applicant’s Summary of Service, Service Record Entries , Med ical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge im proper and in equitable.

The Applicant requested a change in his narrative reason for discharge. The Board granted this request for relief. The Applicant was discharged for Misconduct due to Commission of a Serious Offense. Members may be separated based on c ommission of a s erious military or civilian offense when the specific circumstances of the offense warrant separation and the offense would warrant a punitive discharge per MCM, Appendix 12 for the same or closely related offense. In the instant case, the only misconduct in the Applicants record was a short term unauthorized absence (a violation of UCMJ Article 86). A short term unauthorized is not considered a serious offense because a punitive discharge is not warranted in Appendix 12 of the MCM. The Applicant was improperly discharged for commission of a serious offense. In cases where no other reason for separation set forth in the Naval Military Personnel Manual is appropriate, but where separation of a member is considered to be in the best interest of the service, the Secretary of the Navy has the authority to direct the separation of any member prior to the expiration of their term of service. The Applicant’s Commanding Officer determined the Applicant had no potential for further Naval service. The basis for his determination is clearly documented in the service record. There is no other narrative reason for separation which accurately describes the reason the Applicant was separated. Therefore, the NDRB determined that the reason for the Applicant’s discharge shall change to Secretarial Authority. Relief granted.

Since the Applicant’s separation by reason of Misconduct due to commission of a serious offense was determined “improper”, the characterization of service should be “type warranted by the service record.” 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. T he Applicant’s service was marred by a no njudicial punishment proceeding for violating UCMJ Article 86 (unauthorized absence). 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 to Honorable . Relief is not warranted.

Applicant’s Issues:
1. Equity – Discharge inequitable because based on one isolated incident
2. Propriety – Discharged without separation physical
Acceptance of Applicant’s Issues:
 The Board accepted Issue(s) 1 for consideration.

Issue 1 Equity:

 The Applicant states that his dis charge was inequitable because it was based on one isolated incident. The Board agrees with the Applicant in this case because his misconduct was not sufficiently serious standing alone to serve as a basis for separation. The Board has already granted relief in Paragraph 2 for this inequity .

Regarding the Applicant’s Issue 2 , t he Board determined that which can form the basis of relief for the Applicant and that the Board did not have the authority to grant the relief for which the Applicant petitioned.



Pertinent Regulation/Law

 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 . 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 V, Para 502, Propriety and Para 503, Equity.
C. 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 86 (unauthorized absence) .

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 . 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 ” .

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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. If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits: The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment / Educational Opportunities : The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge.

Reenlistment/ RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.
Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - 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 may 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.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed.

Board Membership: 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 | ND0601037

    Original file (ND0601037.rtf) Auto-classification: Denied

    There is credible evidence in the record that the Applicant committed Robbery and used a firearm during the robbery in question. The NDRB found that the Applicant's service was equitably characterized. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

  • NAVY | DRB | 2010_Navy | ND1002055

    Original file (ND1002055.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVYNAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEW DECISIONAL DOCUMENTApplicant’s Issues 1. ” Additional Reviews : After a document review has been conducted, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years of the Applicant’s date of discharge. Additionally, the NDRB has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.

  • NAVY | DRB | 2006_Navy | ND0600990

    Original file (ND0600990.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable. 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, Articles86, Absence without...

  • NAVY | DRB | 2006_Navy | ND0601196

    Original file (ND0601196.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20020222Reason for Discharge due to: due to: Least Favorable Characterization Authorized: Date Applicant Responded to Notification: 20020222Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date)GCMCA Review Commanding Officer Recommendation (date): (20020214)Separation Authority (date):COMMANDING OFFICER, USS SPRUANCE (DD 963) (20020214)Narrative reason...

  • NAVY | DRB | 2006_Navy | ND0600810

    Original file (ND0600810.rtf) Auto-classification: Denied

    By a vote of the Narrative Reason shall .Summary of Service:Prior Service: Inactive: USNR (DEP) 19980330-19980825Active: NONE Period of Service Under Review: Date of Enlistment: 19980826Years Contracted:; Date of Discharge: 19990331Length of Service: 00Yrs 07 Mos 04 DaysTime Lost During This Period: 1Days Unauthorized Absence: 1Days Confinement: NONEEducation Level: Age at this Enlistment: AFQT: 96Highest Rate/Rank:FNPerformance Evaluation Averages (number of marks):Performance: NOT FOUND IN...

  • NAVY | DRB | 2006_Navy | ND0601082

    Original file (ND0601082.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20020311Reason for Discharge Least Favorable Characterization: Date Applicant Responded to Notification: 20020311Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date)GCMCA Review Recommendation of Commanding Officer (date): 20020313 Discharge directed by (date):COMCRUDESGRU 20020315Narrative reason directed:Characterization directed: Date Applicant...

  • NAVY | DRB | 2006_Navy | ND0601094

    Original file (ND0601094.rtf) Auto-classification: Denied

    Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation None. Elements of Discharge: [INVOLUNTARY] Discharge Process: ADMINISTRATIVE BOARD PROCEDUREDate Notified:20040804Reason for Discharge:MISCONDUCT - Least Favorable Characterization: Date Applicant Responded to Notification: 20040804Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date)Administrative Discharge Board date: NOT...

  • NAVY | DRB | 2006_Navy | ND0601066

    Original file (ND0601066.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20030527Reason for Discharge MISCONDUCT - Least Favorable Characterization: Date Applicant Responded to Notification: 20030527Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date)GCMCA Review Administrative Board Date: NOT APPLICABLERecommendation of Commanding Officer (date): (20030603)Separation Authority (date):COMMANDER, NAVY REGION SOUTHWEST (20030605) Reason...

  • NAVY | DRB | 2006_Navy | ND0601120

    Original file (ND0601120.rtf) Auto-classification: Denied

    Time Lost During This Period: 73Days Unauthorized Absence: 76Education Level: Age at this Enlistment: AFQT: 49Highest Rate/Rank:SAPerformance Evaluation Averages (number of marks):Performance: 1.0 (1)Behavior: 1.0 (1)OTA:1.00Awards and Decorations (as listed on the DD Form 214):NATIONAL DEFENSE SERVICE MEDAL Service Record Entries Related to Characterization of Service or Narrative Reason for Separation 20040311: Applicant to unauthorized absence. Elements of Discharge: [INVOLUNTARY] Date...

  • USMC | DRB | 2006_Marine | MD0601047

    Original file (MD0601047.rtf) Auto-classification: Denied

    Elements of Discharge: [INVOLUNTARY] Discharge Process: Date Notified:20020410Basis for Discharge: MISCONDUCT, COMMISSION OF A SERIOUS OFFENSELeast Favorable Characterization: UNDER OTHER THAN HONORABLE CONDITIONS Commanding Officer’s Intended Recommendation: Record Supports Narrative Reason: YESDate Applicant Responded to Notification: 20020411Rights Elected at Notification:Consult with Counsel Administrative Board Obtain Copies Submit Statement(s) (date)Recommendation of Commanding Officer...