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NAVY | DRB | 2001_Navy | ND01-00024
Original file (ND01-00024.rtf) Auto-classification: Denied


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

ex-ENFR, USN
Docket No. ND01-00024

Applicant’s Request
The application for discharge review, received 001003, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010313. 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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. The reasons I feel my discharge should be changed/upgraded are as follows:

1) I was a young hothead, undisciplined, and unmarried with nothing to loose, or so I thought. My discharge has haunted me ever since. The only job I can keep as a result of my discharge is either WalMart or fast food. I am currently employed at WalMart #---, Cleveland TX.

2) Since my discharge in 1993, I married and now have 3 children. I am considering re-entry in the service, but I cannot do so unless my discharge and re-entry code are changed/upgraded. I would like very much to rejoin the ranks but in the Reserves, s I can afford medical and dental not only for myself but also for my wife and 3 children. Working at WalMart, it is hard to do this. That is why I want and need back in the service. I feel I am no longer the young hothead I was from 1991-1993. I also feel that if I as allowed back into the service I would serve a minimum of 25 years and if allowed to 30 years.

 Documentation
Only the service record was reviewed, as the applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     901128 - 910908  COG

 Period of Service Under Review :
Date of Enlistment: 910909               Date of Discharge: 930930

 Length of Service (years, months, days):

         Active: 02 00 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 37

 Highest Rate: ENFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.8 (3)     Behavior: 2.73 (3)                OTA: 2.8

 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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600 [administratively corrected].

 Chronological Listing of Significant Service Events :

930819:  NJP for violation of UCMJ, Article 91 (2 specs):
Spec 1 - willfully disobey a lawful order from a Petty Officer to wit: "Get up and return to your job site and finish the job" an order which it was duty to obey on or about 93AUG12;
Spec 2 - disrespectful in language toward MM1 S_ by saying to him "bullshit, I'm not going to do it, I'm going to sit here and cool off. I'll f------g do it later", or words to that effect on or about 93AUG12; Violation of UCMJ Article 108: without proper authority willfully damage a pair of lockwire pliers by throwing them to the floor military property of the United States a value of about $12.00 on or about 93AUG12.
         Award: Restriction for 60 days, reduction to E-2. No indication of appeal in the record.
930920:  NJP for violation of UCMJ, Article 91 (2 Specs): Spec 1 - willfully disobey a lawful order issued by MSSA B_ the duty MAA for Bks 462 by not getting rid of his soda pop and getting back into the loss of privileges chair on or about 93SEP01; Spec 2 - disrespectful in language toward MSSA B_ duty MAA at Bks 462 by saying to him "I think you need to take your black ass in the office and sit down and I think you need to take your ugly ass in the office because you don't want me to go psycho on you" or words to that effect on or about 93SEP01.
         Award: Forfeiture of $250 per month for 2 months, reduction to E-1. No indication of appeal in the record.
930823:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
930823:  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. Applicant did not object to the separation.
930909:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. Commanding officer’s comments (verbatim): "ENFA (Applicant) has displayed the character of service which warrants discharge. On 19AUG93, ENFA (Applicant) was taken to CO's NJP for VUCMJ Art 91, (2 Specifications) (1) disrespect in language to a Petty Officer and (2) disobeying a lawful order of a noncommissioned officer, and Article 108, wrongfully destroying government property. He has continued to disregard authority, rules, and regulations and is an administrative burden to this command. All efforts to correct deficiencies in his performance were applied with negative results. He is not fit for further naval service. I strongly recommend separation of ENFA (Applicant) from the naval service by reason of misconduct due to commission of a serious offense and that his discharge be characterized as other than honorable."

930916:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 930930 under other than honorable conditions for misconduct due to commission of a serious offense (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 discharge was proper and equitable (C and D).

 In response to the applicant’s issue the following is provided: 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. The applicant failed to provide any documentation to support his issue. 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 5, effective
05 Mar 93 until 21 Jul 94, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

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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