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NAVY | DRB | 2002_Navy | ND02-00131
Original file (ND02-00131.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND02-00131

Applicant’s Request
The application for discharge review, received 011018, 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 designate a representative on the DD Form 293. Subsequent to the application, the applicant obtained representation by the American Legion.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020701. 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, as submitted

 1. (Equity Issue) This former member requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's letter to the Board dtd 01AUG06
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     950706 - 951212  COG

 Period of Service Under Review :
Date of Enlistment: 951213               Date of Discharge: 980710

 Length of Service (years, months, days):

         Active: 02 06 28 (Doesn't exclude lost time.)
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 51

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*        Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, AFEM, MUC

 Days of Unauthorized Absence: 29

*No Marks Found in service record.

 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 :

970810:  Unauthorized absence from USS CROMMELIN.

 970811:  Missed sailing of vessel on 97AUG11 at 0630 en route II Work-ups (and return to Naval Station Pearl Harbor).
970811:  Missed sailing of vessel on 97AUG11 at 1530 en route to Lualualei Naval Magazine Depot (and return to Naval Station Pearl Harbor).
970812:  Missed sailing of vessel from Naval Station Pearl Harbor on 97AUG12 at 0800 en route to TSTA II Work-ups (and return to Aloha Tower, Honolulu).
970819:  Missed sailing of vessel from Aloha Tower, Honolulu on 97AUG19 at 0700 en route to TSTA II and return to Naval Station Pearl Harbor.
970826:  Missed sailing of vessel on 97AUG26 at 0800 from Lualualei Naval Magazine Depot en route to Naval Station Pearl Harbor.
970902:  Missed sailing of vessel on 97SEP02 at 0800 en route II Work-ups (and return to Naval Station Pearl Harbor).
970908:  Surrendered on board.

 970919:  NJP for violation of UCMJ, Article 86: absent without leave; violation of UCMJ Article 87 (6 specs): missing ship's movement.
         Award: Forfeiture of $450 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
970924:  Retention Warning: Advised of deficiency (NJP of 19 Sep 97; violation of UCMJ Article 87, missing ship's movement (six charges) and Article 86, (absence without leave), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

980112:  Missed sailing of vessel from Naval Station Pearl Harbor on 98JAN12 at 0900 en route to MEFEX Phase II Work-ups (and return to Naval Station Pearl Harbor).
980123:  NJP for violation of UCMJ, Article 87: missing ship's movement; violation of UCMJ Article 86: absence without leave.
Award: 10 days at Correctional Custody Unit. No indication of appeal in the record.
980123:  Retention Warning: Advised of deficiency (NJP of 23 Jan 98, violation of UCMJ Article 87, missing ship's movement; and Article 86, absence without leave), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

980424:  NJP for violation of UCMJ, Article 86 (2 Specs): failure to go to appointed place of duty.
         Award: Forfeiture of $463 per month for 1 month, restriction and extra duty for 30 days. No indication of appeal in the record.
980425:  Applicant notified of intended recommendation for discharge by reason of misconduct due to a pattern of misconduct.

980425:  Applicant advised of 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.

980426:  Commanding Officer recommended discharge with a General (Under Honorable Conditions) by reason of misconduct due to a pattern of misconduct. Commanding Officer’s comments: "SR (Applicant) has been given numerous chances to get on-line with the team concept. He continues to absent himself from place of duty. After numerous attempts to resolve this issue, I have determined that it is in the best convenience of the United States Navy that SR (Applicant) be separated."

980501:  Applicant reported to OIC, PSD, Naval Station Pearl Harbor, to await final authority for discharge (ship deployed to WESTPAC).

980622:  CO, NAVSTA Pearl Harbor, directed the applicant's discharge with a General (Under 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 980710 with a 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).

Issue 1. 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. Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. 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), 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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