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NAVY | DRB | 2001_Navy | ND01-00286
Original file (ND01-00286.rtf) Auto-classification: Denied


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

ex-SHSN, USN
Docket No. ND01-00286

Applicant’s Request
The application for discharge review, received 010109, 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 010719. 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 am sending this request to upgraded my DD-214 we made some bad decision while on active duty for which we very, very sorry. We are enclosing a copy of our DD 214. Your help is greatly appreciated an we don't no if this is the right office to send this to if not could you forward this to the correct office for review.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               930716 - 950713  HON
                  USN                       891113 - 930715  HON
         Inactive: USNR (DEP)     881114 - 891112  COG

 Period of Service Under Review :
Date of Enlistment: 950714               Date of Discharge: 990803

 Length of Service (years, months, days):

         Active: 04 00 20
         Inactive: None

 Age at Entry: 26                          Years Contracted: 3 (24 months extension)

 Education Level: 12                        AFQT: 44

 Highest Rate: SH2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.50 (4)    Behavior: 3.75 (4)                OTA: 3.46

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM (2), SSDR (2), AFEM, MUC, NER, CGSOSR, NDSM, JMU

 Days of Unauthorized Absence: None

 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 :

990527:  NJP for violation of UCMJ, Article 89: Disrespect toward a superior commissioned officer.
         Award: Forfeiture of $840.15 per month for 2 months, restriction and extra duty for 45 days, reduction to SH3. Reduction suspended for 6 months. No indication of appeal in the record.
990527:  Retention Warning: Advised of deficiency (Disrespect toward a superior commissioned officer), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990609:  Vacate suspended reduction to SH3.

 990609:  NJP for violation of UCMJ, Article 89 (3 specs): Disrespect to officer, violation of UCMJ, Article 92: Failure to obey other lawful order.
         Award: Reduction to SHSN. No indication of appeal in the record.
990614:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
990614:  Applicant advised of her rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
990614:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

990629:  Commander, Carrier Group EIGHT 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 990803 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 was awarded CO’s NJP on 2 separate occasions for 4 specifications of disrespect toward a superior commissioned officer and failing to obey an order. The Board found the applicant’s service is accurately characterized as having been under other than honorable conditions. 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 (Letters of Recommendation from boss(es)), documentation of community service (letter(s) from the activity/community groups), 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 reminded that she 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 “ afls10.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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