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NAVY | DRB | 2001_Navy | ND01-00417
Original file (ND01-00417.rtf) Auto-classification: Denied


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

ex-PCSA, USN
Docket No. ND01-00417

Applicant’s Request
The application for discharge review, received 010213, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 010710. 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 3630600.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. My average conduct and efficiency ratings/behavior and proficiency marks were good [or pretty good].

2. I received Awards and Decorations.

3. My record of promotions showed I was generally a good service member.

4. I have been a good citizen since discharge.

5. My record of AWOL/UA indicates only minor or isolated offenses.

6. My ability to serve was impaired by my youth and immaturity.

7. My use of alcohol impaired my ability to serve.

8. My discharge was based on many offenses, but they were mostly only minor offenses.

9. When I got back from overseas, I just couldn't adjust to stateside duty. Sincerely,

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant dated August 30, 2000 (Attachment A)
Letter from applicant dated August 30, 2000 (Attachment B)
Character reference
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     930728 - 931205  COG

 Period of Service Under Review :
Date of Enlistment: 931206               Date of Discharge: 960627

 Length of Service (years, months, days):

         Active: 02 06 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 74

 Highest Rate: PCSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (1)    Behavior: 3.60 (1)                OTA: 3.60        4.0 evals
 Performance: 2.00 (1)    Behavior: 1.00 (1)                OTA: 2.00        5.0 evals

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM with Bronze Star, SSDR with Bronze Star

 Days of Unauthorized Absence: 8

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

950322:  NJP for violation of UCMJ, Article 91 (2 specs): (1) Dereliction of duty on 5Feb95, (2) Dereliction of duty on 15Mar95.
         Award: Forfeiture of $495 per month for 2 months, restriction and extra duty for 30 days, reduction to AA. Reduction suspended for 6 months. No indication of appeal in the record.
950322:  Retention Warning: Advised of deficiency (Unknown.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. No further information in service record. [Extracted from CO's message dated 28May96.]

960119:  NJP for violation of UCMJ, Article 134: Drinking underage. No further information in service record. [Extracted from CO's message dated 28May96.]
960328:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 1Mar96 to 0700, 4Mar96 (3 days/surrendered). No further information in service record. [Extracted from CO's message dated 28May96.]

960422:  USS ABRAHAM LINCOLN (CVN-72) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and due to a pattern of misconduct as evidenced by all punishments under the UCMJ during your current enlistment.
960422:  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.
960523:  Applicant to unauthorized absence 0530, 23May96.

 960528:  Applicant from unauthorized absence 1000, 28May96 (5 days/surrendered).
960528:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and due to a pattern of misconduct.

960613:  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 960627 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 response to the applicant’s issues 1, 2 and 3, the Board found that the applicant’s overall evaluation averages were 3.6 (on a 4.0 scale) and 2.0 (on a 5.0 scale). The Board considers these grades average/below average. The applicant also states that he “received awards and decorations” consisting of a NDSM, SASM and a SSDR and that his record of promotions showed that he was a good service member. Unfortunately, these aspects do not outweigh the fact that the applicant was awarded CO’s NJP on 3 separate occasions and given a retention warning after the first NJP advising him that further misconduct could result in an administrative separation. No relief will be granted based on these issues.

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. In the applicant’s issue 4, the applicant has not provided ample documentation of good character and conduct. Therefore no relief will be granted. 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.

 The applicant states in issues 5 and 8 that his “discharge was based on many offenses, but they were mostly only minor offenses.” Although the applicant may consider his offenses only minor in nature, the applicant’s command considered them quite serious in nature, specifically his established pattern of repeated misconduct. They therefore elected to administratively separate him for these offenses. The Board found that the applicant was separated properly and equitably based on his misconduct due to pattern of misconduct. No relief will be granted based on this issue.
In the applicant’s issue 6, 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 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.

In the applicant’s issue 7, the Board does not accept alcohol abuse as a factor sufficient to exculpate the applicant from the consequences of his misconduct. While the Board recognizes that alcoholism and alcohol abuse are not, in themselves, offenses which constitute grounds for punishment, it reminds applicants who commit offenses while drinking that they are still responsible for their actions. They must accept the consequences of their misconduct or misbehavior, whether committed before or after they received rehabilitation treatment.

The applicant’s issue 9 is a non-decisional issue for the Board.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective
22 Jul 94 until 02 Oct 96), 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 “ 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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