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NAVY | DRB | 1999_Navy | ND99-00809
Original file (ND99-00809.rtf) Auto-classification: Denied


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

ex-SKSN, USN
Docket No. ND99-00809

Applicant’s Request
The application for discharge review, received 990525, 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 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. I'm trying to get on with the Federal Bureau of Prisons, and the U.S. Customs

2. I'm also in school and need my G.I. Bill for school.

3. Because the discharge that I have is not that good when I look for good Federal job. I get turn away.

This is why I'm ask the board to review my discharge

Thank you


 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: None
         Inactive: USNR            911214 - 921005  ELS
 USNR (DEP)      921029 - 930718  COG
Period of Service Under Review :
Date of Enlistment: 930719               Date of Discharge: 960510

 Length of Service (years, months, days):

         Active: 02 09 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (12 month extension)

 Education Level: 12                        AFQT: 51

 Highest Rate: SKSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (2)    Behavior: 3.87 (3)                OTA: 3.67        4.0 evals
 Performance :     1.00 (1)        Behavior : 1.00 (1)                OTA : 1.50        5.0 evals

 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

940711:  Counseling: Advised of deficiency (Financial responsibility.) , notified of corrective actions and assistance available.

950109:  Counseling: Advised of deficiency (Check return), notified of corrective actions and assistance available.

950306:  Counseling: Advised of deficiency (indebtedness), notified of corrective actions and assistance available.

950309:  NJP for violation of UCMJ, Article 92: Failure to obey order or regulation, to wit: to participate in mandatory remedial PRT program a minimum of three times a week on 25Oct94 to 20Jan95, violation of UCMJ Article 86: Failing to go or leaving place of duty, to wit: remedial PRT program on 25Oct94 to 20Jan95.
         Award: Forfeiture of $50 per month for 2 months, extra duty for 21 days. Forfeiture suspended until 1 st PRT session failure to report. No indication of appeal in the record.
950309:  Retention Warning from Fleet Surveillance Support Command: Advised of deficiency (Failure to meet and maintain your financial responsibilities. Failure to pay just and incurred debts resulting in the command's notification by your financial institutions. Performance and conduct unbecoming of individuals in the Navy.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.         

960212:  NJP for violation of UCMJ, Article 134 (2 specs): (1) Dishonorably failing to pay debt on or about 1Nov95 in the amount of $96.19, (2) Dishonorably failing to pay debt on 1Dec95 in the amount of $96.19, (3) Check, worthless, making and uttering, by dishonorably failing to maintain funds on 28 December 1995 in the amount of $283.00, (4) Check, worthless, making and uttering, by dishonorably failing to maintain funds on 28 November 1985 in the amount of $40.00.
         Award: Forfeiture of $200 per month for 2 months, extra duty for 30 days. No indication of appeal in the record.
960223:  Civil Conviction: Norfolk General District Court for violation of driving with suspended operator's license. Arrested 25 April 1995.
 Sentence: Fined $150.00 plus court cost and operator's license suspended for 30 days.
960228:  Fleet Surveillance Support Command, Chesapeake, VA notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of serious offenses and misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ in your current enlistment, and a set pattern of failure to pay just debts.
960312:  Civil Conviction: Norfolk General District Court for violation of driving with suspended operator's license, failure to appear, speeding 74 in a 55 mile zone. Arrested 16 August 1995
 Sentence: Fined $175.00 plus court cost, operator's license suspended for 30 days, jail for 30 days. Jail suspended.
960403:          Applicant advised of her 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.
960411:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of serious offenses and misconduct due to a pattern of misconduct. Commanding officer’s comments (verbatim): SKSN (applicant) has been given every opportunity to improve her financial situation. On 11 July 1994, she received counseling from my Command Financial Specialist for financial responsibility. Then, on 9 January 1995, SKSN (applicant) received a counseling chit for writing a bad check to the Navy Exchange and, again, on 6 March 1995, for having a past due account at the Navy Exchange. SKSN (applicant) was given a Page 13 Warning on 10 March 1995, noting her financial deficiencies.

 In addition to her prior offenses, convictions, and NJP's I have two pending offenses under the UCMJ in which SKSN (applicant) has not been charged: (1) 26 March 1996, a letter of indebtedness was received in the amount of $200.29. (2) 26 March 1996, another letter of indebtedness was received in the amount of $1,583.23. Both indebtedness letters were received, after she was served with her Notice of an Administrative board Proposed Action on 28 February 1996.

The Navy needs to keep our best Sailors. SKSN (applicant) is not in that category and fails to meet even minimum standards. SKSN (applicant) is an administrative burden due to her financial irresponsibility. Her NJP in February 1996, coupled with her previous financial irresponsibilities, form a pattern which demonstrates her general lack of responsibility and disregard for military rules and regulations and standards of behavior.

I recommend an Other than Honorable Discharge.
960429:  BUPERS 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 960510 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 applicant’s issues 1 and 2, the Board has no obligation to change the applicant's discharge in order to allow her to go back to school or obtain better employment.

In response to applicant’s issue 3, the Board found nothing in the records, nor did the applicant provide anything to indicate or to show that there exists an error of fact, law, procedure, or discretion associated with her discharge at the time of its issuance, and that her rights were prejudiced thereby. Furthermore, there has been no change in policy by the Navy, or higher authority, made expressly retroactive to the type of discharge received by the applicant. Relief will not be granted at this time.

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). The applicant must be aware that 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 the civilian life subsequent to leaving the service. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant is reminded that she is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective
22 Jul 94 until 02 Oct 96), 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, for dishonorably failing to pay debts, 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, D.C. 20374-5023     


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