Search Decisions

Decision Text

NAVY | DRB | 2001_Navy | ND01-01170
Original file (ND01-01170.rtf) Auto-classification: Denied


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


ex-ISSN, USN
Docket No. ND01-01170

Applicant’s Request
The application for discharge review, received 010911, 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 020419. 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 HONORABLE CONDITIONS GENERAL/Misconduct - Pattern of Misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues

 1. My discharge was inequitable because it was based on one isolated incident in 42 months of service with no other adverse action.
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                        None
          Inactive: USNR (DEP)     880126 - 880327  COG

 Period of Service Under Review :
Date of Enlistment: 880328               Date of Discharge: 911016

 Length of Service (years, months, days):
         Active: 03 06 19
          Inactive: None
Age at Entry: 20                          Years Contracted: 4 (3 months extension)

 Education Level: 13                        AFQT: 94
Highest Rate: IS3

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.53 (6)    Behavior: 3.60 (6)                OTA: 3.46

 Military Decorations: None
Unit/Campaign/Service Awards: NUC, SSDR (2), NDSM, SASMw2*
Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS GENERAL/Misconduct – Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

910331:  NJP for violation of UCMJ, Article 86: Unauthorized absence
         Award: Reduction in rate to E-3 (suspended for 6 months); Extra duties for 24 hours in port. No indication of appeal in the record.

 910517:  Retention Warning from [Attack Squadron One One Five]: Advised of deficiency (Disciplinary Infractions and Pattern of Misconduct: Unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910517:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Vacated previous suspended reduction in rate. No indication of appeal in the record.

 910723:  Attack Squadron One One Five notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by three or more punishments under the UCMJ within your current enlistment (NJP's on 910328, 910517, and 910719).
910723:          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.
910724:  NJP for violation of UCMJ, Article 86: (4 Specs) Unauthorized absence
         Award: Reprimand in writing; process for Admin separation. No indication of appeal in the record.
910925:  Commanding officer recommended discharge honorable by reason of misconduct due to a pattern of misconduct.

910926:  BUPERS directed the applicant's discharge under honorable conditions general 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 911016 under honorable conditions general 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 states his discharge was based on one isolated incident in 42 months of service with no other infractions. 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 three occasions and an adverse counseling entry on another occasion. 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 to honorable would be inappropriate.
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. 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 sufficient 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, 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      

Similar Decisions

  • NAVY | DRB | 2002_Navy | ND02-01123

    Original file (ND02-01123.rtf) Auto-classification: Denied

    ND02-01123 Applicant’s Request The application for discharge review, received 020805, requested that the characterization of service on the discharge be changed to general/under honorable conditions. No indication of appeal in the record.910523: NJP for violation of UCMJ, Article 86: Unauthorized absence from 1800 restricted men's muster and extra duty on 910517. At this time, the Applicant has not provided such documentation for the Board to consider.

  • NAVY | DRB | 2000_Navy | ND00-00238

    Original file (ND00-00238.rtf) Auto-classification: Denied

    (EQUITY ISSUE) His violation of the UCMJ notwithstanding, this former member opines that his otherwise creditable service record is sufficient to warrant a fully honorable discharge.2. (EQUITY ISSUE) This former member further requests that the Board include provision of SECNAVINST 5420.174C.,enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application. After a thorough review of the records, supporting documents, facts, and circumstances...

  • NAVY | DRB | 2003_Navy | ND03-01005

    Original file (ND03-01005.rtf) Auto-classification: Denied

    ND03-01005 Applicant’s Request The application for discharge review was received on 20030516. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 910723: NJP for violation of UCMJ, Article 86: Unauthorized absence 0500, 910613 to 0730, 910628 (15 days/surrendered).

  • NAVY | DRB | 1999_Navy | ND99-00509

    Original file (ND99-00509.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600. After completing 90 days was offered to complete a program and return to active duty. 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.

  • NAVY | DRB | 2003_Navy | ND03-01323

    Original file (ND03-01323.rtf) Auto-classification: Denied

    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 did not introduce any decisional issues for the Board’s consideration. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflect his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls...

  • NAVY | DRB | 2001_Navy | ND01-00105

    Original file (ND01-00105.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Letter from Applicant (3pgs) Response Letter from Applicant (2pgs) Copy of DD Form 214 Congressional correspondence, dated 22 March 2001 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: NONE Inactive: NONE Period of Service Under Review :Date of Enlistment: 890412 Date of Discharge: 920427 Length of Service...

  • NAVY | DRB | 2003_Navy | ND03-00038

    Original file (ND03-00038.rtf) Auto-classification: Denied

    The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. No indication of appeal in the record.Retention Warning from [USS SAMUEL GOMPERS (AD-37)]: Advised of deficiency (Violation UCMJ Article 86 (2 Specs) unauthorized absence, Article 134 Disorderly conduct, Awarded: Forfeiture $50 x 1. The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB,...

  • NAVY | DRB | 2001_Navy | ND01-00383

    Original file (ND01-00383.rtf) Auto-classification: Denied

    Documentation Only the applicant's service and medical records were reviewed, as the applicant did not provide additional documentation for the Board to consider. After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).In response to the applicant’s issue, the Board recognizes that serving in the Navy is very challenging to both the Sailor and his family members. At this time, the applicant...

  • NAVY | DRB | 1999_Navy | ND99-00617

    Original file (ND99-00617.rtf) Auto-classification: Denied

    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 Pertinent Regulation/Law (at time of discharge)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.

  • NAVY | DRB | 2002_Navy | ND02-00480

    Original file (ND02-00480.rtf) Auto-classification: Denied

    In the acknowledgement letter to the applicant, the applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of applicant's DD Form 214 Letter from National Personnel Records Center dated December 24, 2001 Statement from applicant dated October 21, 2001 Character...