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NAVY | DRB | 2000_Navy | ND00-01059
Original file (ND00-01059.rtf) Auto-classification: Denied


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

ex-ICFN, USN
Docket No. ND00-01059

Applicant’s Request
The application for discharge review, received 000918, 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 010329. 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 (verbatim)

1. I approached both of my A School company commanders together in their office before any problems developed. I stated to them openly and honestly that I did not feel compatible with military life, they asked me if maybe I was just home sick and missed my family and I told them that sure I missed my family, who wouldn't, but that that was not the problem I was experiencing and that the problem was related to a lack of personal freedom and decision making ability and that I felt totally trapped by the conditions I was under. They told me, that no I was really just home sick and it would go away. Unfortunately for myself and the U.S. Navy that was not the case and the issue did not go away until 3 years later when I was finally discharged.

2. My first NJP was not do to my wanting out of the Navy but was related to doing my job to the best of my ability and then becoming angered with a certain individual who was not pulling his weight. I was in charge of the task at hand and confronted him and I lost control after unsuccessful attempts of being diplomatic with him. I in no way in my naval enlistment wanted to cheat the U.S. Navy and when I wasn't totally depressed and withdrawn I always did my best to be a model sailor.

3. The rest of my NJP's we're related to my trying to come with military life except my last two. They were due to a recommendation from my CO. He told me all I had to do was come before him again in Captains Mast and he would see that I was discharged. I came before him once again and did not receive a discharge so I came before him again and was given a discharge.

4. I realize the burden I was on the U.S. Navy and I did not want it to turn out that way. I regret the way I went about things but at the time was not only young and immature but was facing problems that not only could I get help with but the condition was further aggravated by being treated as an outcast by most, though not all, of my superiors.

5. I'm currently 28 years old and am the father of two beautiful girls and going to school studying information and network technologies. I've lived with my discharge on my back for 7 years now and feel we all deserve a second chance and should have our past mistakes and inability's forgiven as long as we attempt to better ourselves in the future. I've grown a lot since then and would love to have an honorable discharge to allow better opportunities for myself and my children in the future.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Thirty-one pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: None

 Period of Service Under Review :
Date of Enlistment: 900720               Date of Discharge: 930330

 Length of Service (years, months, days):

         Active: 02 08 11
         Inactive: None

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 48

 Highest Rate: ICFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (2)    Behavior: 4.00 (1)                OTA: 3.80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 176

 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 :

900720:  Applicant enlisted under the TAR Enlistment Program and agreed to serve at least 48 months on active duty.
900724:  Applicant briefed on Navy policy on drug and alcohol abuse.

 910205:  Retention Warning from Service School Command, San Diego, CA: Advised of deficiency (Alcohol incident.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910206:  NJP for violation of UCMJ, Article 86: Absent from appointed place of duty on 0630-1500, 28Jan9, violation of UCMJ, Article 134: Drunk and disorderly on 26Jan91.
         Award: Forfeiture of $176 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
910206:  Applicant evaluated as an alcohol abuser.

910206:  Applicant counseled regarding referral into the Level II Counseling and Assistance Center Program for education/treatment. Applicant refused Level II treatment.

 910206:  Retention Warning from Service School Command, San Diego, CA: Advised of deficiency (Absent from place of duty and drunk and disorderly.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910418:  NJP for violation of UCMJ, Article 108: Destroy property of the U.S. Government on 10Apr91, violation of UCMJ, Article 117: Wrongfully used provoking words on 10Apr91, violation of UCMJ, Article 128: Assaulted another service member on 10Apr91.
         Award: Forfeiture of $377 per month for 1 month, restriction and extra duty for 15 days. No indication of appeal in the record.
910418:  Retention Warning from Service School Command, Naval Training Center, San Diego, CA: Advised of deficiency (Destruction of government property, provoking words, and assault.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920530:  NJP for violation of UCMJ, Article 86: Absence without leave 0730, 22May92 to 1920, 25May92 (3 days/surrendered).
         Award: Restriction and extra duty for 30 days, reduction to ICFA. Reduction suspended for 6 months. No indication of appeal in the record.
920530:  Retention Warning from USS CLIFTON SPRAGUE (FFG-16): Advised of deficiency (Absence without leave.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920605:  Vacate suspended reduction to ICFA awarded at CO's NJP of 30May92 due to continued misconduct.

 920606:  NJP for violation of UCMJ, Article 86: Absence without leave from restricted men's muster, violation of UCMJ, Article 92: Failure to obey a order or regulation, to wit: failure to perform extra duties.
         Award: Forfeiture of $392 per month for 2 months, reduction to ICFR. No indication of appeal in the record.
920606:  Retention Warning from USS CLIFTON SPRAGUE (FFG-16): Advised of deficiency (Failure to obey a order or regulation, and absent without leave.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920825:  Applicant to unauthorized absence 0715, 25Aug92.

920925:  Applicant declared a deserter.

930214:  Applicant from unauthorized absence 1920, 14Feb93 (173 days/surrendered).

 930219:  NJP for violation of UCMJ, Article 85: Desertion.
         Award: Forfeiture of $407.40 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
930223:  USS CLIFTON SPRAGUE notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of serious offense and misconduct due to a pattern of misconduct. [Extracted from CO's message dated 17Mar93.]
930223:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights. [Extracted from CO's message dated 17Mar93.]
930317:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of serious offense and misconduct due to a pattern of misconduct.

930323:  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 930330 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 states in issues 1 through 4 that he felt he was incompatible with military life and that he did not want to “cheat the U.S. Navy” by not finishing his enlistment. The Board recognizes that serving in the Navy is very challenging to both the Sailor and his family members. Our country is fortunate to have men and women willing to endure the hardships and make the sacrifices required to serve their country. It must be noted that most Sailors serve honorably and well, and therefore, earn their honorable discharges. The applicant’s service is accurately characterized as having been performed under other than honorable conditions. The Board found that the applicant received 5 retention warnings and was brought to CO’s NJP on 5 separate occasions. His various violations of the UCMJ consisted of unauthorized absences, desertion, drunk and disorderly conduct, destroying government property, assault, wrongful use of provoking words and failing to obey orders. The applicant could have been court martialed for several of these offenses. Additionally, the applicant was identified as an alcohol abuser, but refused treatment. No relief will be granted based on these issues.

In response to issue 5, 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 (D). 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(s) of Recommendation from boss(es)), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) 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 86, for unauthorized absence for a period in excess of 30 days 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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