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NAVY | DRB | 2000_Navy | ND00-00496
Original file (ND00-00496.rtf) Auto-classification: Denied


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

ex-MMFN, USN
Docket No. ND00-00496

Applicant’s Request
The application for discharge review, received 000307, requested that the characterization of service on the discharge be changed to General/under Honorable conditions. The applicant requested a personal appearance hearing discharge review. The applicant listed AMERICAN LEGION as his representative on the DD Form 293.

Decision
A personal appearance hearing discharge review was conducted in Washington, D.C. on 000816. 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.





SPN CODE HKA

THIS IS THE CORRECT SHELL FOR Misconduct - Pattern of misconduct. 870615 - 890110 ONLY.

THE FINDING FOR MISCONDUCT, (3630600) EFFECTIVE FOR 870615 - 890110 ONLY. THE SPN CODE IS EFFECTIVE 860911 - 930627.
 A general discharge is written UNDER HONORABLE CONDITIONS (GENERAL).



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issue (verbatim)

 1. Perhaps the punishment was to extreme because the XO said he wanted to make an example of me.

2. The issue of good conduct since I was discharged.

3. The time since discharge.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant
Copy of Name Change Order from Norfolk Virginia Circuit Court
Copy of DD Form 214
Copy of DD Form 215
Copy of American Legion Cover Letter
Letter from applicant (4pgs)
Copy of Letter from Navy Finance Center
Copy of Billing Statement from Navy Finance Center
Copy of Transcript from Old Dominion University
Copy of Son's Birth Certificate
Copy of Wife's Ten Years of Government Service Recognition Certificate
Copies of Daughters Birth Certificate (2)
Copy of Deed of Trust (3pgs)
Copy of Application for City License
Copy of Mobile Maintenance Work Sheet
Copy of Son's Medical Documentation (28pgs)
Copies of Letter from Norfolk Public Schools
Copy of Boys Scout Certificates (8)
Copy of Cub Scout Ribbons (3)
Copies of Certificates of Participation in Piano Recital (2)
Copy of T-Ball Roster
Copy of Ice Skating Skill Test (2)
Copies of Neuropsychological Evaluation (17pgs)
Copy of Special Education Program Application (2pgs)
Information from City of Norfolk Department of City Planning and Codes Administration (7pgs)
Copy of Carpentry Certificate from New Horizon Technical School
Copy of Adult Educational Report from New Horizon Technical School
Copy of Reference Letter from Pastor of First Chinese Baptist Church
Copy of Transcript from Tidewater Community College
Copy of Son's Progress Report

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     840710 - 841028  COG

 Period of Service Under Review :
Date of Enlistment: 841029               Date of Discharge: 880404

 Length of Service (years, months, days):

         Active: 03 05 06
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 78

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.86 (3)    Behavior: 2.73 (3)                OTA: 3.13

 Military Decorations: None

 Unit/Campaign/Service Awards: None

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 :

860610:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful general regulation (OPNAVISNT 5100.12C).
         Award: Oral Admonition, forfeiture of $370.00 per month for 1 month, reduction to E-3 (suspended for 6 months). No indication of appeal in the record.
870816:  NJP for violation of UCMJ, Article 91: Insubordinate conduct toward a noncommissioned petty officer.
         Award: Forfeiture of $100.00 per month for 2 month. No indication of appeal in the record.
870827:  Retention Warning from [USS DANIEL BOONE (SSBN-629) (BLUE)]: Advised of deficiency (Violation of UCMJ Article 89 (Disrespect toward a superior commissioned officer and violation of UCMJ Article91 (Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880204:  NJP for violation of UCMJ, Article 86: Absent without leave; violation of UCMJ Article 87: Missing movement.
         Award: Forfeiture of $300.00 per month for 2 months, restriction for 60 days, reduction to E-3. No indication of appeal in the record.
880216:  [USS DANIEL BOONE (SSBN-629) (BLUE)] notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a commission of a serious offense and misconduct due to a pattern of misconduct.
880216:          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.
880304:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a commission of a serious offense and misconduct due to a pattern of misconduct

880320:  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 880404 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 the applicant’s issue 1, the Board determined this issue is without merit. The applicant claims that perhaps the punishment was too extreme because the XO said he wanted to make an example of him. The Board reviewed all records and documents submitted in this case and determined the applicant’s misconduct was of such severity to warrant an Other Than Honorable discharge, due to a pattern of misconduct. The applicant was found guilty at NJP for failure to obey a lawful order, insubordinate conduct, unauthorized absence and missing ship’s movement. Three of his offenses were punishable by court martial. He provided several additional documents, most of which were service related or pertained to his family. The applicant failed to provide documentation that would establish his reputation as a creditable member of society. The Board determined that applicant’s discharge was not too harsh but proper and equitable. Relief denied.

In the applicant’s issue 2, the Board determined this issue is without merit. The applicant claims good conduct since his discharge. The applicant failed to provide any documentation to support his claim of good conduct since his discharge. Relief denied.

In the applicant’s third issue, the Board determined this issue is without merit. The applicant claims time since discharge. 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, subsequent to leaving military service. The NDRB reviews the propriety (did the Navy follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with Navy guidance or was the characterization typical of other service members being separated for the same reason) of each applicant’s discharge to determine if proper procedures were followed. This applicant’s discharge was proper and equitable. Relief denied.
Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, effective 870615 - 890110), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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 91, for insubordinate conduct toward a noncommissioned petty officer, 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      


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