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NAVY | DRB | 2001_Navy | ND01-00063
Original file (ND01-00063.rtf) Auto-classification: Denied


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

ex-SHSA, USN
Docket No. ND01-00063

Applicant’s Request
The application for discharge review, received 001018, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010406. 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 1910-140 (formerly 3630600).


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. I have grown in maturity and knowledge of ones self. I believe that my best purpose in life will be serving my country to the best of my abilities.

 Documentation
Only the service and medical records were 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)     961122 - 961124  COG

 Period of Service Under Review :
Date of Enlistment: 961125               Date of Discharge: 990525

 Length of Service (years, months, days):

         Active: 02 06 01 (Doesn't exclude lost time)
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 9                         AFQT: 67

 Highest Rate: SHSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, Marksman M-16A1(C) Ribbon

 Days of Unauthorized Absence: 2

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

 Chronological Listing of Significant Service Events :

970625:  NJP for violation of UCMJ, Article 134: False Swearing.
         Award: Forfeiture of $250 per month for 2 months (suspended for 6 mos), restriction for 60 days. No indication of appeal in the record.
970625:  Retention Warning: Advised of deficiency (violation UCMJ, Art. 134 - false searing), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990304:  Civilian Conviction, district Court of the First Circuit State of Hawaii, Criminal Court Honolulu Division, Violation - HRS 708-0833-87 (larceny). Pled: Guilty. Judgment: Deferred Acceptance of Guilty Plea for 6 months.

990314:  Retention Warning: Advised of deficiency (civilian conviction), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990426:  NJP for violation of UCMJ, Article 86: absence from appointed place of duty - Spec: on or about 0700, 2 Apr 99, without authority, absent himself from his unit until 0600, 5 Apr 99 (2 days/23 hours); violation of UCMJ Article 134: disorderly conduct - Spec: on or about 20 Mar 99, urinated on the deck, which conduct was of a nature to bring discredit upon the armed forces.
         Award: Forfeiture of $538.00 per month for 2 months (1 month suspended for 6 months), restriction and extra duty for 30 days, reduction to E-2. No indication of appeal in the record.
990426:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense and misconduct due to civilian conviction.
990427:  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

990429:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense and misconduct due to civilian conviction. Commanding officer’s comments (verbatim): "After careful review, it is clear that SHSA (Applicant) is unsuitable for further military service due to his pattern of misconduct, misconduct - commission of a serious offense, and misconduct - civilian conviction. Additionally, due to the offenses committed, he can no longer be placed in a position of trust and accountability of ship's services. As his behavior is a hindrance to good order and discipline, it is recommended that SHSA (Applicant) be separated from the Naval Service with an Other Than Honorable discharge."

990506:  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 990525 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).

 In the applicant’s issue 1, the Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel that 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 applicant went to CO’s NJP on 2 occasions and had a civil conviction for larceny. The CO dual processed him for administrative separation for misconduct due to pattern of misconduct, commission of a serious offense and civil conviction. 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. No relief will be granted based on this 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 (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 of Recommendation from boss), 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), Change 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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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