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NAVY | DRB | 2001_Navy | ND01-00465
Original file (ND01-00465.rtf) Auto-classification: Denied


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

ex-ENFN, USN
Docket No. ND01-00465

Applicant’s Request
The application for discharge review, received 010302, requested that the characterization of service on the discharge be changed to Honorable. The applicant requested a personal appearance hearing discharge review before a traveling panel. The applicant did not designate a representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the naval Discharge Review Bard (NDRB) does not travel, all hearings are held in the Washington, DC area. The Naval discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010817. 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. The Report chit leading to the Administrative Board being conviened was submitted after the command had already given me a forfeiture of $947.00 per month for 2 months and this fine also being given after the command ordered me to send my ex-wife an allotment of $600.00 per month along with paying child support in the amount of $400.00 per month. The command Master Chief was known to have a vendetta against me prior to this board that was well known to the entire staff of Fleet Training Group. There was never a chance for my attorney to examine the direct testimony of the witnesses that were already off the island. The Board was compiled from 3 members of which 2 were members of Fleet Training Group and the third was a neighbor and friend of the persons requesting the board. The Administrative Board requested that the sentence be SUSPENDED and the commanding officer requested that the discharge be a GENERAL Discharge. The counsel for me was a new officer and had never done an Administrative Board in the past and was led to his decisions during the proceedings by his associate in his office who was the recorder in these proceedings. There were never any counseling sheets produced only stated of their existence. I there for request the review board to fined in my favor and change the characterization of discharge to that of HONORABLE.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's ltr to the Board detailing the circumstances leading up to and including the Administrative Board (3 pages)
Applicant's ltr describing the time after the discharge (2 pages)
Letter of Reference from Sheriff W_ R. H_, dtd Sep 10,1999
Letter of Reference from Trustee G_ H_, dtd Aug 21, 2000
136 pages of Military Service Record
Copy of DD Form 214
Certificate of Commendation (Boy Scouts of America) dtd 16 Jan 2001
Certificate of Appreciation (Boy Scouts of America) dtd 16 Jan 2001
Arrowhead Honor for Excellence of Performance (Boy Scouts) dtd 10/10/2000
Certificate of Completion (Boy Scout Leaders Basic Training) dtd Oct 29, 2000
 Indiana Sheriffs' Association Awards Certificate (Jail Suicide Prevention Workshop) dtd Jul 18, 2000
Certificate of Membership (National Major Gang Task Force) dtd 3/10/2001
Certificate of Appreciation (Boy Scouts of America) dtd 25 Jan 2000
Vigo County Sheriff Dept Certificate of Completion of Course dtd 22 Jan 2000
Certificate of Appointment to Special Deputy dtd 22 Jun 1998
Law Enforcement Training Board, Certificate of Attainment (Jail Officers Course) dtd Apr 13-17, 1998
St Mary-Of-The-Woods Safety & Fire Protection Assn, Certificate of Training dtd March 28, 1996
Univ of Illinois Motorcycle Rider Program, Certificate of Completion, dtd Feb 96
Certificate of Completion, Motorcycle Safety Foundation, dtd 5/30/95
Certificate of Certification as Instructor 2 nd Class dtd May 16, 1995
Certificate of Training (Fire/Rescue/Hazmat) dtd May 9, 1995
Certificate of Certification as 1 st Class Firefighter dtd Nov 30, 1994
Certificate of Attendance Fire/Rescue/Hazmat Training dtd Nov 3, 1994
Certificate of Completion (Coaching the Emergency Vehicle Operator - Fire) dtd Oct 20, 1994
Certificate of Accomplishment (Duct Diagnosis and Repair) dtd June 28, 29, 30, 1994
Certificate of Certification as 2 nd Class Firefighter dtd Apr 27, 1994
Certificate of Attendance Fire/Rescue/Hazmat Training dtd Apr 14 - 15, 1994
Certificate of Attendance Fire/Rescue/Hazmat Training dtd Apr 14, 1994
Certificate of Accomplishment (Basic Weatherization Skills) dtd Jan 4 - 6, 1994
Certificate of Completion (Haz - Mat 1 st Responder) dtd Mar 11, 1993

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        831027 - 891004  HON
                                             771220 - 831026  HON
                                             740221 - 771219  HON
         Inactive: USNR (DEP)     730820 - 740220  COG

 Period of Service Under Review :
Date of Enlistment: 891005               Date of Discharge: 920127

 Length of Service (years, months, days):

         Active: 02 03 23
         Inactive: None

 Age at Entry: 33                          Years Contracted: 5

Education Level: 12                        AFQT: 57

 Highest Rate: ENC

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.2 (3)              Behavior: 3.06 (3)                OTA: 3.33

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM (3), OSSR (2), NEM, HSM, NDSM (2), Enlisted SWS, SSDR (3)

 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 :

891005:  Reenlisted for term of 5 years at Fleet Training Group, GTMO Bay,
Cuba.
 900110:  OIC Navy Resale Activity, Naval Base, Norfolk, VA advised CO, Naval Station, GTMO Bay, Cuba of applicant's indebtedness still has not been resolved and may issue an Involuntary Pay Checkage.
901127:  NJP for violation of UCMJ, Article 107: False official statements, - did at or around Gtmo Bay, on or about 15 Oct 90, wrongfully make a false official statement in which he stated that payment was made to Citi Corp Diners Club, Incorporated in the amount of $450 when in fact said payment was not made. violation of UCMJ Article 121: Wrongful Appropriation - did, at or around Norfolk, VA on or about 29 Aug 90, wrongfully appropriate American currency, of a value of about $362 the property of the Citi Corp Diners Club, Incorporated.
         Award: Letter of Reprimand (suspended for 6 months). No indication of appeal in the record.

910326:  NJP for violation of UCMJ, Article 107 (3 Specs): False official statement to LCDR W_, on or about 7 Jan 91, 17 Jan 91 and 5 Feb 91, to wit: stating he made $200 payment to Diners' Club , which statement was totally false, and was then by the member to be false ; violation of UCMJ Article 92: Failure to obey order or regulation - having knowledge of a lawful order to pay restitution to Diners' Club, a government credit card, for funds owed that were personal charges and that a travel claim was filed upon, an order which it was his duty to obey, did on or about 14 Feb 91 failed to obey the same by non-payment of just debt; violation of UCMJ Article 134: Check, worthless, making and uttering by dishonorably failing to maintain funds - on or about 14 Feb 91, make and utter to Diners' Club a certain check, in owrods and figures as follows, to wit: Pay to the order of Diners' Club in the amount of $200.00, in payment of a debt, and did thereafter dishonorably fail to maintain sufficient funds in the Navy Federal Credit Union for payment of such check in full upon its presentment for payment.
         Award: Forfeiture of $947 per month for 2 months and Letter of Reprimand. No indication of appeal in the record.
910326:  Suspension of Letter of Reprimand awarded at NJP on 27 Nov 90 vacated.
910326:  Punitive Letter of Reprimand issued. Applicant did not wish to submit an appeal.

910327:  Retention Warning from Commander, Fleet Training Group, GTMO Bay: Advised of deficiency (violation of UCMJ, Article 107 (3 Specs), Article 92 and Article 134), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910916:  Recommendation for advancement to E8 withdrawn due to decline in performance.
910916:  Applicant given an adverse performance evaluation report for period
1 October 1990 to 30 September 1991 and was advised he could submit a statement.
911009:  NJP for violation of UCMJ, Article 134 (2 specs): on or about 2 Jun 91 and 15 June 1991, make and utter to P_ S_ K_ a certain check, in words and figures as follows: Pay to the order of P_ S_ K_ in the amount of $200 (on 2 Jun 91) and in the amount of $150 (on 15 Jun 91), in payment of a debt, and did thereafter dishonorably fail to maintain sufficient funds for payment of such check in full upon its presentment for payment..
Award: Letter of Reprimand. No indication of appeal in the record.
911028:  Punitive Letter of Reprimand issued. Applicant did not elect to submit an appeal.
91102x:  Applicant provided Statement regarding the adverse performance evaluation for period 90OCT01 to 91SEP17.
911105:  Commander, Fleet Training Group, GTMO Bay notified applicant of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern of misconduct and Commission of a serious offense as evidenced by all punishments under the UCMJ during your current enlistment..
911105:          Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board.
911205:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to a Pattern of misconduct and Commission of a serious offense, recommended a suspended separation, and recommended discharge under Other Than Honorable conditions.

911213:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern of misconduct and the Commission of a serious offense. Commanding officer’s comments: (verbatim): "I concur with the findings of the board but do not concur with the recommendation for suspension. I do not concur that separation be characterized as other than honorable."
         "ENC (Applicant) record clearly supports separation; however, beyond the simple counting of nonjudicial punishment cases, there is a pattern in this case. This is not simply a case of a few bad checks caused by ill luck or a question or technical competence as an engineman or instructor. Chief (Applicant) has demonstrated a pattern of dishonesty and questionable judgement which has compromised his credibility as a chief petty officer and member of the naval service.
         Initial enthusiasm by seniors, is followed by severe disillusionment in ENC (Applicant). His seniors, who have known him and worked with him longest are unanimous in their negative appraisal of his potential for continued service. Those new to him and his situation, or those who have been peripherally involved are more optimistic. His own statement to the board misrepresents his situation and the reasons he received nonjudicial punishment, and indicates that he still believes he has done nothing really wrong. There is little in this record to support a recommendation for continued service. Accordingly, I recommended ENC (Application) be separated from the Naval Service with a general discharge.

920106:  BUPERS directed the applicant's discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern of misconduct and be administratively reduced to paygrade E-3.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 920127 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 makes several complaints that he was not given proper due process, during the discharge process. The Board was unable to identify any procedural errors in the discharge process, which may have resulted in the applicant’s discharge. The discharge was proper and equitable. Relief denied.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Aug 91 until
04 Mar 93), 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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