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NAVY | DRB | 2000_Navy | ND00-00610
Original file (ND00-00610.rtf) Auto-classification: Denied


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

ex-SMSR, USN
Docket No. ND00-00610

Applicant’s Request
The application for discharge review, received 000412, 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 001026. 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

 1. My request for an upgrade to Honorable discharge, is for the fact that I was true to the Naval services in heart and soul. I have documents from my captain showing my hard work and dedication towards my duties. Although I could not handle my liberty (or alcohol) or restrict myself to the actions that my commander had set forth, I was still true to my country. My superiors gave good effort to straighten out my behavior, I feel I was let go to soon, not realizing what I was doing wrong. To this day I regret my ignorance and youthful ways for bringing my career to this type of discharge. If I could take back in time my wisdom now things would have turned out different. I've been sober for 30 mos 9 days (sept 29 1998) and will be receiving my driver’s license then. I have made a big improvements with my life since sobriety, and always look to the future. Final, I wish to march in the Memorial day parade with pride along side my father. P.S. I am currently working on my GED, I'm employed as a Journeyman Carpenter in the union.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Discharge Papers form Primary IOP Treatment (3pgs)
Copy of DD Form 1966/7
Letter from Applicant
Letter for Commendation
Citation

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     850930 - 851119  COG

 Period of Service Under Review :
Date of Enlistment: 851120               Date of Discharge: 870127

 Length of Service (years, months, days):

         Active: 01 02 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 46

 Highest Rate: SMSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: NOB             OTA: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: BATTLE"E"RIBBON

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 :

860731:  NJP for violation of UCMJ, Article 90: Disobeying a lawful order.
         Award: Restriction and extra duty for 7 days. No indication of appeal in the record.

861121:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 134: Disorderly conduct.
         Award: Forfeiture of $200.00 per month for 1 month, restriction and extra duty for 30 days, reduction to E-1. No indication of appeal in the record.

861205:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 92, violation of UCMJ Article 134: Disorderly conduct.
         Award: Correctional Custody for 30 days. Punishment deferred on 861208 until 861209, due to limited space at the Correctional Custody Unit. No indication of appeal in the record.

861209:  Retention Warning from [USS HORNE CG-30]: Advised of deficiency (Violation of the UCMJ, Article 86, 90, and 134), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

861219:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Confinement to brig on Bread & Water for 3 days. No indication of appeal in the record.

870109:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $150.00 per month for 1 month, restriction and extra duty for 21 days. No indication of appeal in the record.
870109:  USS HORNE (CG-30) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense.
870109:  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.
870114:  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.

870119:  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 870127 under other than honorable conditions for misconduct due to a pattern of misconduct (A). The Board presumed regularity in the conduct of governmental affairs (B). 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 (C and D).
The applicant stated in his issue that his youth and immaturity impaired his ability to serve. The Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief is not warranted.

The NDRB is authorized to consider post-service factors in the re characterization of a discharge. 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. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. 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 he 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 15560, Change 7/86, effective 15 Dec 86 until 14 Jun 87), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT A PATTERN OF MISCONDUCT.

B. 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.

C. 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.

D. 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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