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NAVY | DRB | 2001_Navy | ND01-00208
Original file (ND01-00208.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND01-00208

Applicant’s Request
The application for discharge review, received 001211, 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 010615. 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. I have reviewed my military record in the presense of naval recruiters and officers. They as do I feel that my separation from the USN was not an appropriate action on the part of Commanding Officers. I agree I made some mistakes and immature decisions during my career. I have an evaluation report never brought to my attention nor was I completed yet was entered into my record. I believe that the mistakes I made were wrong, but it appears to me that my discharge was based on the personal not professional feelings of my Commanding Officer. SR B_____ was witness to such an occurance when my Company Commander made a statement in regards to his outright dislike of S.R. B____ due to his association with myself. I believe that this individual along with others such as S.R. I_____ were intent on my undoing and on more than one occasion S.R. I_____ made a comment in the nature of getting me sent to the brig, any way he could. I do believe I acted in a manor that was not of a mature nature. But I also believe that the action of separation was extreme. My desire is to upgrade my enlistment code RE-4 to an RE- Code which would allow re-enlistment into military. Thank you.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     910117 - 920630  COG

 Period of Service Under Review :
Date of Enlistment: 920701               Date of Discharge: 930426

 Length of Service (years, months, days):

         Active: 00 09 26
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 85

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: NOB             OTA: NOB

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

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 :

921010:  NJP for violation of UCMJ, Article 86: (2 Specifications), Spec 1: Failed to go to appointed place duty; instructor prep room, Spec 2: UA from 0620 921007 to 0710 921207, violation of UCMJ, Article 92: (3 Specifications), Spec 1: Willfully failed to stay awake in class, Spec 2: Willfully failed to complete homework, Spec 3: Willfully failed to obey his category "C" Liberty Card.
         Award: Forfeiture of $205.00 per month for 1 month, reduction to E-1 (suspended for 6 months). No indication of appeal in the record.
921210:  Retention Warning from [SSC, GLAKES, IL]: Advised of deficiency (Article 86: Failed to go at the time prescribed to his appointed place od duty, to wit: Instructor Prep room, Bldg 616. Article 92 x 2: Dereliction of duty - failed to stay awake while in class on 921108; Dereliction of duty - failed to complete homework on 921120. Additional: Article 86: UA - from 0620 921207 to 0710 921207. (For a period of about 50 minutes). Article 92: Fail to obey lawful order on or about 921207.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930121:  Punishment of reduction in rate to E-1 suspended at OIC's NJP of 921210 vacated due to continued misconduct.
930121:  NJP for violation of UCMJ, Article 107: With intent to deceive sign an official record to wit: being properly relieved in the FC"A" School quarterdeck log, which record was totally wrong, violation of UCMJ, Article 113: Leave his post before he was properly relieved, violation of UCMJ, Article 86 (3 Specifications), failure to go to appointed place of duty, i.e. Mandatory Self Study (3 Specifications)
Award: Forfeiture of $176.00 per month for 1 month, restriction and extra duty for 14. No indication of appeal in the record.
930204:  NJP for violation of UCMJ, Article 86 (4 Specs): Spec 1-3 failure to go to appointed place of duty: Mandatory Self Study, Spec 4 Unauthorized absence for a period of 9 hours.
         Award: Forfeiture of $176.00 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
930315:  [SSC, GLAKES] 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 your NJP's of 921210, 930121 and 930204 and misconduct due to Commission of a serious offense as evidenced by your NJP's OF 921210 and 930121.
930315:          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.
930323:  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.

930420:  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 930426 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).

Issue 1. The applicant states he feels his separation from the USN was not an appropriate action on the part of his Commanding Officer, and the separation was extreme. He wishes to have his discharge characterization upgraded to Honorable and the RE-code changed to allow him to re-enlist into the military. The applicant will have to petition the Board of Correction of Naval Records (BCNR) to have his re-enlistment (RE) code changed. The applicant was discharged with an Other Than Honorable (OTH) discharge, for Pattern of misconduct. His military record shows all stipulations were complied with, for the applicant to qualify for an OTH discharge. He was properly notified of his Commanding Officer’s intent to discharge him with an OTH, was given his rights, and he waived all rights, except to obtain copies of documents. The applicant did not provide any documentation to show he had any post-service accomplishments, during the eight years since his discharge, which could convince the Board that his conduct in the military was an anomaly and not a true demonstration of his character. The discharge was proper and equitable. Relief denied.

 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 – 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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