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NAVY | DRB | 2001_Navy | ND01-00771
Original file (ND01-00771.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND01-00771

Applicant’s Request
The application for discharge review, received 010515, 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 listed Disabled American Veterans as his 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. Although my discharge was warranted I believe it should be upgraded to General Discharge due to my current medical condition. I did not receive any treatment during my enlistment period and I feel that if I would have, I would still be an active duty member of the Armed Forces Today. Please see attached Form 'C' for further explanation

2. (DAV's Issue) After a review of the Former Service Member (FMS) DD Form 293 Application for the Review of Discharge or Dismissal from the Armed Forces of the United States and all of the evidence assembled for review, we continue to not the contentions as set forth on the application by the appeallant of an upgrade of his current Under Other Than Honorable Conditions discharge to that of General Under Honorable Conditions. The record reflects the FSM served in the United States Navy from August 17, 1987 to August 11, 1988, at which time he received the discharge as noted above.
The FSM requests equitable relief in the manner as noted above, as he recognizes his inservice problem and has taken steps in his post service to become a productive member of society, and a valued member of his church. He also has taken efforts to better educate himself, while continuing to recover from his alcoholism. As the representative this service requests consideration be given to equitable relief in the form of an Honorable discharge for this FSM, with consideration to his post-service activities, as applicable via SECNAVINST 5420.174C 9.3. We ask the Board's careful and sympathetic consideration of all the evidence of record used in rendering a fair and impartial decision. These issues do not supersede any issues previously submitted by the applicant.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letters from Applicant (2)
Copy of Chemical Dependency Assessment and Evaluation Report (2pgs)
Copy of Driving Record
Copy of Employment Reference Letter
Character Reference Letter (2pgs)
Copy of Certificate of Completion (Class 101 Becoming a Devoted Christian)
Copy of Certificate of Completion (AutoCAD III)
Copy of Employment Recommendation Letter
Copy of Tax Registration License
Copy of Associate in Applied Science Degree

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     870325 - 870816  COG

 Period of Service Under Review :
Date of Enlistment: 870817               Date of Discharge: 880811

 Length of Service (years, months, days):

         Active: 00 10 10
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 55

 Highest Rate: FR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.00 (1)    Behavior: 1.00 (1)                OTA: 1.00

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 44

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 :

880203:  Applicant declared a deserter on 880201 having been an unauthorized absentee since 0700,880103 from USS JUNEAU (LPD-10).


880314:  NJP for violation of UCMJ, Article 86: UA from unit 880103 to 880216 {44days/S}, violation of UCMJ Article 87: Missing ship's movement.
         Award: Forfeiture of $335.00 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.

880316:  Applicant surrendered to military authorities at 1130, 880216, at NAVSNSZQUGET SOUND WA. Returned to military control at 1130, 880216 at, NAVSTA Puget Sound, WA. Retained onboard pending return to parent command. USS JUNEAU {LPD-10}.

880329:  NJP for violation of UCMJ, Article 86: UA from appointed place of duty, 880324, 880325, 880326.
         Award: Forfeiture of $150.00 per month for 1 month, restriction and extra duty for 5 days. No indication of appeal in the record.

880421:  NJP for violation of UCMJ, Article 86: UA from appointed place of duty, 880327, 880403, 880405, 880406, 880414.
         Award: Forfeiture of $300.00 per month for 1 month, restriction and extra duty for 10 days. No indication of appeal in the record.

880421:  Retention Warning from USS JUNEAU {LPD-10}: Advised of deficiency (You have failed to adhere to the rules of the Uniform Code of Military Justice pertaining to your misconduct due to Violation UCMJ, Article 86; UA from appointed place of duty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880517:  NJP for violation of UCMJ, Article 86: UA from appointed place of duty, 880508, 880509; violation of UCMJ, Article 92: Failure to obey lawful order.
         Award: Forfeiture of $300.00 per month for 1 month, restriction and extra duty for 10 days. No indication of appeal in the record.
880518:  USS JUNEAU {LPD-10} notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct [Extracted from CO's message].
880518:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights [Extracted from CO's message].
880520:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due commission of a serious offense and misconduct due to a pattern of misconduct.

880803:  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 880811 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).

 The applicant’s first issue states: “Although my discharge was warranted I believe it should be upgraded to General Discharge due to my current medical condition. I did not receive any treatment during my enlistment period and I feel that if I would have, I would still be an active duty member of the Armed Forces Today. Please see attached Form 'C' for further explanation.” The NDRB did not find the applicant’s current medical condition directly related to his discharge in 1988. There is nothing in the applicant’s medical record demonstrating alcoholism was an underling factor in the discharge. The applicant was discharged for demonstrating a pattern of misconduct, to include missing ship’s movement, 44 days of unauthorized absence and for being absent from his appointed place of duty on numerous occasions. Alcohol may have been involved during the occurrence of the misconduct but does not mitigate the applicant from the responsibility of his actions. Relief is not warranted.

 The applicant’s second issue (DAV) requests relief based on the applicant’s post service conduct. The NDRB is authorized to consider post-service factors in the re characterization of a discharge. There is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant failed to provide documentary evidence to demonstrate his sobriety, positive community service, employment history, and a clean police record. The documentary evidence the applicant provided does not indicate the applicant has become a model citizen since discharge in 1988. Relief is not warranted.

The applicant remains eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is recommended .



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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