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NAVY | DRB | 1999_Navy | ND99-00802
Original file (ND99-00802.rtf) Auto-classification: Denied


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

ex-HR, USN
Docket No. ND99-00802

Applicant’s Request
The application for discharge review, received 990524, requested that the characterization of service on the discharge be changed to honorable. 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 000214. 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 - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)
1. Sir, the discharge I received was based on unbecoming behavior as an enlisted serviceman. I was young and very immature not understanding what was expected of me. I have been discharged for approx. 9 years. In that time I have matured a tremendous amount and now fully understand what was expected during my enlistment. I have been a productive citizen, completed education for and now practice as a nationally registered paramedic for city of Prichard, AL Fire Dept. I’m a husband and father of two children. I am attempting to remove marks from the past. Therefore, I D------ C-------, respectfully request my discharge to be upgraded to Honorable status. The Boards consideration is greatfully appreciated.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Enlisted Performance Evaluation Report
Character reference

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        000000 - 000000  HON
         Inactive: USNR (DEP)     861116 - 870625  COG

 Period of Service Under Review :
Date of Enlistment: 870625               Date of Discharge: 900131

 Length of Service (years, months, days):

         Active: 02 07 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 35

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.73 (3)    Behavior: 2.60 (3)                OTA: 3.33

 Military Decorations: None

 Unit/Campaign/Service Awards: MUC

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

890119:  NJP for violation of UCMJ, Article 92: Dereliction of duty.
         Award: Forfeiture of $407 per month for 1 month, restriction and extra duty for 30 days, reduction in rate (suspended for 6 months). No indication of appeal in the record.

890207:  Retention Warning from Naval Hospital, Beaufort, SC: Advised of deficiency (dereliction of duty), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.       

890307:  Retention Warning from Naval Hospital, Beaufort, SC: Advised of deficiency (unauthorized use of government telephones to make personal long distance calls), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
890509:  NJP for violation of UCMJ, Article 86: Unauthorized absence (2 specs).
         Award: Forfeiture of $100 per month for 2 months, extra duty for 30 days, reduction in rate. No indication of appeal in the record.
890518:  Retention Warning from Naval Hospital, Beaufort, SC: Advised of deficiency (unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
890906:  NJP for violation of UCMJ, Article 86: Unauthorized absence; violation of UCMJ Article 91: Insubordinate conduct towards a Warrant officer, Non-Commissioned Officer, or Petty Officer.
         Award: Restriction for 15 days and extra duty for 30 days. No indication of appeal in the record.
891213:  NJP for violation of UCMJ, Article 134: False or unauthorized pass, violation of UCMJ Article 86: Unauthorized absence (2specs)
Award: Forfeiture of $349.50 per month for 1 months, restriction and extra duty for 30 days. No indication of appeal in the record.
891218:  Naval Hospital, Beaufort, SC, notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by violation of UCMJ Article 91, Insubordinate conduct toward a warrant officer, non-commissioned officer, or petty officer and by violation of UCMJ Article 134, False/Unauthorized Pass and by reason by reason of misconduct due to a pattern of misconduct as evidenced by all other punishments of the UCMJ In current enlistment.
891218:          Applicant advised of his rights and having consulted 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.
891229:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and pattern of misconduct.

900130:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 900131 under other than honorable conditions for misconduct due to a pattern of misconduct (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 response to the applicant’s issue, there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (E). Those factors include, but are not limited to, the following: evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct. At this time, the applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted. The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, Change 8 effective 21 Aug 89 until 14 Aug 91), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT A PATTERN OF MISCONDUCT.

B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 134, False/Unauthorized Pass 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon St SE Rm 309
                  Washington, DC 20374-5023       


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