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NAVY | DRB | 2000_Navy | ND00-00502
Original file (ND00-00502.rtf) Auto-classification: Denied


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


ex-FR, USN
Docket No. ND00-00502

Applicant’s Request
The application for discharge review, received 000314, 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 000928. After a thorough review of the records, 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 HONORABLE CONDITIONS(GENERAL)/Misconduct - Pattern of Misconduct, authority: NAVMILPERSMAN, Article 3630600.



PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues (verbatim)

1. To the review board, I appreciate your time for considering my request for a review. I have learned during my time out of the service, that even family problems cannot make excuses from previous commitments. I regret any problems my decisions and the past cause my shipmates. I'am trying to move forward with my life, and greatly need your help that a honorable discharge will allow me to pursue. Thank you very much.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        871007 - 871102  ELS
          Inactive: USNR (DEP)     870806 - 871006  COG
                   USNR (DEP)      900228 - 900409  COG

 Period of Service Under Review :
Date of Enlistment: 900410               Date of Discharge: 930517

 Length of Service (years, months, days):
         Active: 03 01 08
          Inactive: None
Age at Entry: 22                          Years Contracted: 4

 Education Level: 12                        AFQT: 29
Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.47 (3)    Behavior: 3.33 (3)                OTA: 3.47

 Military Decorations: None
Unit/Campaign/Service Awards: NUC, SSDR (2), SASM (2), AFEM, MUC

 Days of Unauthorized Absence: 3

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.
Chronological Listing of Significant Service Events :

900411:  You are being retained in the Naval service, despite your defective enlistment and induction due to fraudulent entry into naval service as evidenced by your failure to disclose your pre-service civil involvement: Charged with grand theft, 8/89. Charges dismissed. However, any further deficiencies in performance or conduct may result in processing for administrative separation.
900416:  Retention Warning from Recruit Training Command, Naval Training Center, Great Lakes, IL: Advised of deficiency (Non-swim qualified), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900523:  Retention Warning from Recruit Training Command, Naval Training Center, Great Lakes, IL: Advised of deficiency (4 th Class swimmer qualified), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920221:  NJP for violation of UCMJ, Article 92: Fail to obey a lawful written order by leaving the ship without authorization while designed a Class C liberty risk; violation of UCMJ Article 134: Drunk and disorderly conduct of a nature to bring discredit upon the armed forces.
         Award: Forfeiture of $392 per month for 2 months, restriction and extra duty for 45 days, reduction to FR. No indication of appeal in the record.
920224:  Retention Warning from USS INDEPENDENCE (CV-62): Advised of deficiency (fail to obey a lawful written order by leaving this ship without proper authorization while designated a class C liberty risk and drunk and disorderly conduct of a nature to bring discredit upon the armed forces), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920228:  Retention Warning from USS INDEPENDENCE (CV 62: Advised of deficiency (misconduct of alcohol abuse incident one), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920522:  NJP for violation of UCMJ, Article 86: Unauthorized absence from unit, 1810, 3May92 to 0500, 5May92 (1 day/surrendered).
         Award: Forfeiture of $392 per month for 2 months, restriction for 60 days. No indication of appeal in the record.
921110:  BCNR appears to have corrected applicant's rank to the rank of FA instead of FR.
921110:  NJP for violation of UCMJ, Article 91: Disobeyed a lawful order from a PO1, violation of UCMJ Article 92: Dereliction of duty by sleeping during working hours.
         Award: Restriction and extra duty for 45 days. No indication of appeal in the record.

 921110:  Retention Warning from USS INDEPENDENCE (CV 62): Advised of deficiency (Disobeying a lawful order and dereliction of duty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
930222:  Summary Court-Martial.
          Charge I: violation of the UCMJ, Article 86.
          Specification: Unauthorized absence 0730, 24Jan93 to 0030, 27Jan93 (2 days/surrendered).
         Charge II: violation of the UCMJ, Article 87:
          Specification: Missed ship's movement through neglect on 25Jan93.
         Finding: to Charge I and II and the specifications thereunder, guilty.
         Sentence: Confinement for 30 days.
         CA action 930228: Sentence approved and ordered executed.
930225:  USS INDEPENDENCE (CV 92) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ during your current enlistment and misconduct due to commission of a serious offense as evidenced by all serious violations of the UCMJ in your current enlistment.
930301:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
930303:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to a pattern of misconduct and commission of a serious offense, that the misconduct warranted separation, and recommended discharge under honorable conditions (general).
930323:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense.

930421:  BUPERS directed the applicant's discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct.
930422:  NJP for violation of UCMJ, Article 91: Willful disobedience of a lawful order from a PO1, violation of UCMJ Article 128: Assault upon a PO1 on 5Ap93.
         Award: Restriction and extra duty for 30 days, reduction to FR. No indication of appeal in the record.
PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 930517 under honorable conditions (general) 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, 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) and certification of non-involvement with civil authorities (police records check) 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 15560C, effective 15 Aug 91 until
04 Mar 93), 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 87, for missing ship’s movement through neglect, 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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