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NAVY | DRB | 2001_Navy | ND01-00908
Original file (ND01-00908.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND01-00908

Applicant’s Request
The application for discharge review, received 010703, 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 020130. 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 (verbatim)

 1. At the time of my enlistment I was very immature and I lacked true discipline. Due to this fact, having a sense of honor and integrity didn't register.
My pattern of misconduct caused my own misfortune in which I truly regret.
Please grant me the privilege of not having to pay for my youthful indiscretions for the rest of my life. Respectfully submitted,

 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: None
         Inactive: USNR (DEP)     880219 - 880418  COG

 Period of Service Under Review :
Date of Enlistment: 880419               Date of Discharge: 891201

 Length of Service (years, months, days):

         Active: 01 07 13
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 10 GED           AFQT: 53

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 2.50 (2)                OTA: 2.60

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 5

 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 :

880422:  Retention Warning from Recruit Training Command, Naval Training, Great Lakes, IL: Advised of deficiency (Non-swim qualified.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 880502:  Retention Warning from Recruit Training Command, Naval Training, Great Lakes, IL: Advised of deficiency (4 th Class swimmer qualified.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880509:  Drug and Alcohol Report: Marijuana abuse, less than monthly, ashore off duty. Service directed urinalysis 880419. Commanding officer recommended retention and Level I treatment. Comments: SNM tested positive for THC in the accession pipeline urinalysis.

 880819:  Retention Warning from Naval Air Technical Training Center, Naval Air Station Millington, TN: Advised of deficiency (Unmilitary behavior (unauthorized absences/disobedience of orders/personal appearance.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 881208:  NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty, violation of UCMJ, Article 92 (5 specs): Failure to obey a lawful order/regulation, violation of UCMJ, Article 108: Destruction of military property of the United States, violation of UCMJ, Article 134: Disorderly conduct, drunkenness.
         Award: Forfeiture of $156 per month for 1 month, restriction and extra duty for 7 days. Forfeiture suspended for 3 months. No indication of appeal in the record.
881208:  Retention Warning from Naval Air Technical Training Center, Naval Air Station Millington, TN: Advised of deficiency (Unauthorized absence from 2130 until 2308 on 30Oct88, wearing civilian attire without a NATTC special privilege card on 30Oct88, consuming alcoholic beverages under legal drinking age on 12Nov88 and 2Dec88, consumed alcoholic beverages while in a duty status on 2Dec88, destroyed window in base housing on 12Nov88 and drunk and disorderly on 12Nov88.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 890523:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from 0700, 16Mar89 to 0830, 18Mar89 (2 days/surrendered), (2) Unauthorized absence from 24Mar89 to 27Mar89 (3 days).
         Award: Forfeiture of $150 per month for 1 month, restriction for 10 days, and extra duty for 30 days. No indication of appeal in the record.
890523:  Retention Warning from USS CORAL SEA (CV 43): Advised of deficiency (Conduct reveals that you have committed one or more minor disciplinary actions in violation of the Uniform Code of Military Justice for which you received punishment under Article 15, UCMJ; or that yo have been convicted of misdemeanor charges by civil courts on one or more occasions; or that you have committed a combination of offenses which resulted in punishment under Article 15, UCMJ, or one or more civil convictions.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
890812:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 91.
         Specification: Disobeyed a lawful order given by a PO2 on 16Jul89.
         Charge II: violation of the UCMJ, Article 92:
         Specification: Disobeyed a lawful written order from Commanding Officer on 12Jul89
         Charge III: violation of the UCMJ, Article 107:
         Specification: False official statement on 12Jul89.
         Charge IV: violation of the UCMJ, Article 134:
         Specification: Wrongful possession of two armed forces identification cards on 12Jul89.
         Finding: to Charge I, II, III and IV and the specifications there under, guilty.
         Sentence: Confinement for 30 days, forfeiture of $349.00, reduced to AR.
         CA action 890812: Sentence approved and ordered executed.

890814:  Alcohol screening: Found applicant not to be physiologically or psychologically dependent. Found applicant to be a episodic alcohol abuser.

890927:  NJP for violation of UCMJ, Article 91 (2 specs): (1) Failure to obey a direct lawful order, (2) Disrespect to a petty officer, violation of UCMJ, Article 134: Having possession of two liberty cards.
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 45 days. No indication of appeal in the record.
891102:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 134.
         Specification: Larceny of services by using false pretenses between 1Jul89 and 13Jul89.
         Finding: to Charge I and the specification thereunder, guilty.
         Sentence: Forfeiture of $446.00, confinement for 30 days.
         CA action 891102: Sentence approved and ordered executed.

890812:  USS CORAL SEA (CV 43) 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 two nonjudicial punishments and a summary court-martial.
890812:  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.
890817:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

890829:  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 891201 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 issue states: “At the time of my enlistment I was very immature and I lacked true discipline. Due to this fact, having a sense of honor and integrity didn't register.
 My pattern of misconduct caused my own misfortune in which I truly regret. Please grant me the privilege of not having to pay for my youthful indiscretions for the rest of my life. Respectfully submitted,” The Board found that the applicant’s age, education level, and test scores qualified him for enlistment. While he may feel 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 applicant’s record includes five retention warnings, three NJP’s, and two Summary Court Martial trials. 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. Relief is denied.

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 positive community service, employment history, and clean police record. 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, Change 8 effective 21 Aug 89 until 14 Aug 91), 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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