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

ex-AKAA, USN
Docket No. ND00-00158

Applicant’s Request

The application for discharge review, received 991109, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000727.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

The NDRB did note an administrative error on the original DD Form 214.  Block 18, Remarks should read:  “Continuous HONORABLE active service from 881108 through 920929”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  Please review both tours of duty:
'88Nov08 thru '92Oct30
"Honorable"

'92Oct30 thru '94Aug14
"Other than Honorable"

*Would like to continue my education by using my G.I. Bill from '88 - '92 or reclaim my $1,200.00 contribution.

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

None

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:   USN			881108 - 920929	HON
	Inactive: USNR (DEP)	881005 - 881107	COG

Period of Service Under Review:

Date of Enlistment:  920930		Date of Discharge:  940808

Length of Service (years, months, days):

	Active:    01  10  09
	Inactive:  None

Age at Entry:  22			Years Contracted:  4

Education Level:  12			AFQT:  61

Highest Rate:  AK3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.47 (3)	Behavior:  3.47 (3)		OTA:  3.62

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM 

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

940502:	NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty on 13Apr94, violation of UCMJ Article 92: Dereliction of duties on 15Apr94.
	Award: Reduction to AKAN.  No indication of appeal in the record.

940502:	Retention Warning: Advised of deficiency (Violation of the UCMJ, Article 86: Unauthorized absence for appointed place of duty on 18Apr94 and Violation of the UCMJ, Article 92: Dereliction of duties on 15Apr94.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

940606:	NJP for violation of UCMJ, Article 111: Driving a vehicle under the influence of alcohol on 21May94.
	Award:  Forfeiture of $552 per month for 2 months, restriction and extra duty for 30 days, reduction to AKAA.  No indication of appeal in the record.

940629:	Alcohol/Drug dependency screening: Medical officer found applicant not dependent on drug and alcohol.

940614:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

940614:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

940706:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. 

940726:	BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 940808 under other than honorable conditions for misconduct due to commission of a serious offense (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

In the applicant’s issue 1, the Board found that the applicant had an immediate reenlistment on 920930.   The Board requested a correction to the DD214 to state “Continuous HONORABLE active service from 881108 through 920929.” 
Although the applicant had one enlistment which he served honorably, the Board found that the applicant had 2 serious NJPs which warranted an other than honorable discharge.  No relief will be granted based on this issue. 

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.  Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article [e.g., 111, drunk driving] if adjudged at a Special or General Court-Martial.

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

E.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive.  You should read Enclosure (5) of the Directive 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 Directive 1332.28 and other Decisional Documents by going online at "afls14.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023