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NAVY | DRB | 2000_Navy | ND00-00948
Original file (ND00-00948.rtf) Auto-classification: Denied


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

ex-MSSN, USN
Docket No. ND00-00948

Applicant’s Request
The application for discharge review, received 000728, 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 before a traveling panel closest to Philadelphia, PA. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010201. 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

1. First, I would like to say Good morning or Good Afternoon. My name is (applicant). I was in the U.S. Navy (active duty) from Nov 91 - Sept 05, 95. When I reported to the Navy I was a country boy from Mobile, AL. I was young and not in touch with myself. Peer pressure from shipmates to long stressful days aboard the USS Iwo Jima (med. Cruise) to the U.S.S. John F. Kennedy. Going out to sea for mths & mths. Yearning for happiness among a ship of strangers & homosexuals.Life was so overbearing at theis time confusing mostly from a family of alcoholics to being raised under the welfare system.
Not being taught the true over standing of life impaired me sending me out into the world blind without a clue of how to survive mentally. Being introduced to the military environment of having money, alcohol, and strictness my failure to adapt was my down fall. That was my environment and I wanted to be more in life so I joined the U.S. Navy graduated at the top of my class in San Diego (M.S. school). To long days of alcohol and depression. Falling into a trap of ignorance of a young mind to doing what 90% of sailors do have fun. Now at 28 yrs working two jobs to feed my three children and trying to still get my life together. This O.T.H. discharge impaired my life to go on as a man and a U.S. citizen. Doors being slammed in face for jobs to being looked at a an outcast. I served my country and served proudly. With all respect I ask of you to upgrade my Discharge to General (under honorable conditions) so I can move on in life and achieve goals of higher proportions. Thank you for your time and consideration. Sincerely,

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character/job reference dated August 9, 2000
Copy of criminal record check dated August 23, 2000

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     911118 - 911117  COG

 Period of Service Under Review :
Date of Enlistment: 911118               Date of Discharge: 951008

 Length of Service (years, months, days):

         Active: 03 10 21
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 35

 Highest Rate: MS3

 Final Enlisted Performance Evaluation Averages (number of marks):

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

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, SASM

 Days of Unauthorized Absence: 5

 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 :

920417:  NJP for violation of UCMJ, Article 92: Failed to obey a lawful order by consuming alcohol on a week day on 8Apr92.
         Award: Forfeiture of $112 per month for 1 month, restriction and extra duty for 7 days. No indication of appeal in the record.
920417:  Retention Warning from Service School Command: Advised of deficiency (You must not commit these offenses again. Additionally, your absolute performance of duty during the remainder of your current enlistment.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

950801:  NJP for violation of UCMJ, Article 86 (8 specifications):
 Specification 1: Unauthorized absence 4Mar95 to 6Mar95 (1 day).
Specification 2: Unauthorized absence 23Mar95 to 27Mar95 (4 days).
Specification 3: Unauthorized absence 31Mar95 to 3Apr95 (3 days).
Specification 4: Unauthorized absence 5Apr95 to 10Apr95 (5 days).
Specification 5: Unauthorized absence 14Apr95 to 17Apr95 (3 days).
Specification 6: Unauthorized absence 0700, 26Apr95 to 0700, 1May95 (5 days).
Specification 7: Unauthorized absence 1Jun95 to 3Jun95 (2 days).
Specification 8: Unauthorized absence 0700, 5Jul95 to 0700, 24Jul95 (19 days).
Violation of UCMJ Article 134:
Specification 1: Disorderly, which conduct was of a nature to bring discredit upon the Armed Forces on 5Jun95.
         Award: Forfeiture of $545 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
950815:  USS JOHN F. KENNEDY (CV 57) 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 the punishment received under the UCMJ during current enlistment.
950815:  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.
950822:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

950921:  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 951008 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’s issue discussed his immaturity while on active duty leading to his discharge and his post service contributions since discharge.

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. 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. Relief is not warranted.

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 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. 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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