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NAVY | DRB | 2001_Navy | ND01-00660
Original file (ND01-00660.rtf) Auto-classification: Denied


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

ex-AMEAN, USN
Docket No. ND01-00660

Applicant’s Request
The application for discharge review, received 010810, 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 011214. 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 received an Honorable Discharge after four (4) years of service, and received a bonus for a 6 year re-enlistment. My discharge after ten (10) years of service was inequitable because it was based on my participation in the standard practice of call in musters during my last weeks of service. I alone was regarded as U.A., written up, fined and given an Other Than Honorable Discharge. I was not an extraordinary sailor, but (10) ten years of loyal service, my discharge should reflect the kind of sailor I was, General, Under Honorable Conditions.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        780201 - 820125  HON
         Inactive: USNR (DEP)     771216 - 780131  COG

 Period of Service Under Review :
Date of Enlistment: 820126               Date of Discharge: 880324

 Length of Service (years, months, days):

         Active: 06 01 012
         Inactive: None

 Age at Entry: 24                          Years Contracted: 6 (3 month extension)

 Education Level: 11                        AFQT: 55

 Highest Rate: AME3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.31 (9)    Behavior: 3.04 (9)                OTA: 3.28

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

 Days of Unauthorized Absence: 3

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 :

820126:  Reenlisted at AIRTEVRON FIVE China Lake, CA for 6 years.
830113:  NJP for violation of UCMJ, Article 113: Sleeping upon his post.
         Award: Forfeiture of $75.00 pay per month for 2 month (suspended for 3 months), restriction to the limits of USNAS, Agana, Guam for 20 days, extra duty for 20 days, reduction to E-3 (suspended for 3 months). No indication of appeal in the record.

830124:  Retention Warning from [Fleet Air Reconnaissance Squadron One, U.S. Naval Air Station, AGANA, GUAM]: Advised of deficiency (Captain's Mast awarded on 830113 for the following offenses: Article 113: Sleeping upon his post), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

830308:  Retention Warning from [Fleet Air Reconnaissance Squadron One, U.S. Naval Air Station, Agana, Guam]: Advised of deficiency (Dishonorable failure to pay just debts), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

830317:  Retention Warning from [Fleet Air Reconnaissance Squadron One, U.S. Naval Air Station, AGANA, GUAM]: Advised of deficiency (Drug abuse as evidenced by a positive urinalysis screening), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

830317:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful general regulation, to wit: US Uniform REGS, Art 1632.2, by being outdoors without a cover, violation of UCMJ Article 117: Wrongful use of reproachful words, violation of UCMJ, Article 134: Wrongful use of a controlled substance, to wit: Marijuana.
         Award: Forfeiture of $200.00 pay per month for 2 months, restriction to the limits of USNAS, AGANA, GUAM for 45 days, extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

850829:  NJP for violation of UCMJ, Article 86: (2 Specs), UA, violation of UCMJ Article 92: (2 Specs), Failure to obey written order and failure to obey lawful order.
         Award: Oral reprimand, Correctional Custody for 30 days. No indication of appeal in the record.

850913:  DAAR indicates applicant was determined to be not dependent, is amenable and eligible.

870922:  Retention Warning from [Training Squadron Seven, NAS, Meridian, MI]: Advised of deficiency (Indebtedness), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880218:  NJP for violation of UCMJ, Article 91: Willfully disobey a Chief Petty Officer on 880108.
Award: Reduction to E-3. No indication of appeal in the record.
880303:  [Training Squadron SEVEN] notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse as evidenced by your service record.

880310:  NJP for violation of UCMJ, Article 86: UA 880226-880229 (3days/R).
Award: Forfeiture of $200.00 pay per month for 1 month, restriction for 30 days. No indication of appeal in the record.
880315:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

880323:  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 880324, in absentia, 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 implies his discharge was based on one adverse incident. However, the record clearly indicates otherwise. Under other than honorable conditions is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he applicant’s second enlistment was marred by award of nonjudicial punishment (NJP) for offenses triable by court-martial on four occasions and adverse counseling entries on other occasions. The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in naval service, and falls short of that required for an honorable characterization of service. An upgrade would be inappropriate. Relief denied.

 The applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the applicant’s enlistment. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. The applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Legal representation at a personal appearance hearing is highly recommended but not required. Relief denied.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, effective 870615 - 890110), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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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