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NAVY | DRB | 2001_Navy | ND01-00906
Original file (ND01-00906.rtf) Auto-classification: Denied


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

ex-FA, USNR
Docket No. ND01-00906

Applicant’s Request
The application for discharge review, received 010703, 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 020307. 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: GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION." None were found.


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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     970919 - 971112  COG

 Period of Service Under Review :
Date of Enlistment: 971122               Date of Discharge: 000920

 Length of Service (years, months, days):

         Active: 02 08 15
         Inactive: 00 01 23

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 48

 Highest Rate: ENFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.50 (2)    Behavior: 1.50 (2)                OTA: 2.00

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, BER

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

 Chronological Listing of Significant Service Events :

980617:  NJP for violation of UCMJ, Article 91 (2 specs): Disobeying a sentry.
         Award: Restriction and extra duty for 7 days. No indication of appeal in the record.
980617:  Retention Warning: Advised of deficiency (Poor military performance, to wit: disobeying a sentry.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

980924:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 30 days, reduction to next inferior pay grade. No indication of appeal in the record.

990206:  Counseling: Advised of deficiency (discipline), notified of corrective actions and assistance available.

990220:  Counseling: Advised of deficiency (discipline), notified of corrective actions and assistance available.

990318:  Counseling: Advised of deficiency (failed to show for quarters on 17Mar99 due to dental appointment at 0700, which was not reported to WCS, later on that day FR came back to the ship at approximately 1515 but never reported to WCS either. So, from the time of his dental appointment got done until 1515 WCS did not know where he was at (although he claims he dropped by PSD and today he was late again (15 minutes)), notified of corrective actions and assistance available.

990330:  Counseling: Advised of deficiency (other), notified of corrective actions and assistance available.

990402:  Counseling: Advised of deficiency (performance), notified of corrective actions and assistance available.

990504:  Counseling: Advised of deficiency (performance and responsibilities), notified of corrective actions and assistance available.

000127:  Counseling: Advised of deficiency (responsibilities), notified of corrective actions and assistance available.

000403:  NJP for violation of UCMJ, Article 86: Absence from place of duty on 0715-0730, 17Mar00, to wit: Divisional Muster violation of UCMJ, Article 92: Dereliction of duty on 0715, 27Mar00, to wit: willfully fell asleep on watch during Sea and Anchor Detail.
         Award: Restriction and extra duty for 30 days, reduction to ENFR. Reduction suspended for 6 months. No indication of appeal in the record.


 000828:  Vacate reduction to ENFA.

 000828:  NJP for violation of UCMJ, Article 92 (2 specs): (1) Dereliction in the performance of duty on 22Aug00, (2) Failure to obey lawful order on 22Aug00, violation of UCMJ, Article 107: False official statement on 22Aug00.
         Award: Restriction for 45 days. No indication of appeal in the record.

[ADMIN DISCHARGE PACKAGE NOT CONTAINED IN SERVICE RECORD.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 000920 general (under 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 introduced no decisional issues for consideration by the Board.

The applicant’s discharge characterization accurately reflects his service to his country. A characterization of service of under honorable conditions (general) 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 service 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. The discharge was proper and equitable. Relief denied.

 Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice is evident during the applicant’s enlistment. Additionally, 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 civilian life, subsequent to leaving the service. However, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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. Verifiable proof of any post-service accomplishments must be provided in order for the applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge. Evidence of continuing educational pursuits, an employment record, documentation of community service, certification of non-involvement with civil authorities and proof of his not using drugs, are examples of verifiable documents that should have been provided to receive consideration for relief, based on post-service conduct. The applicant did not provide any documentation to warrant an upgrade to his discharge. 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 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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