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NAVY | DRB | 2002_Navy | ND02-00216
Original file (ND02-00216.rtf) Auto-classification: Denied


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

ex-MMFA, USN
Docket No. ND02-00216

Applicant’s Request
The application for discharge review, received 020108, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review before a traveling panel closest to FT. Worth, Texas. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel, and that all hearings are held in the Washington, DC Area. The Naval Discharge Review Board (NDRB) also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 020731. 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 and narrative reason of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

 1. Documentation that I wish to submit, I would like to present before the board in person. Due to my request for honorable discharge; upgrade of my reentry code; obtain my rank of MM3 that I had tested and obtained and feel I deserve. As well as my separation code of HKA or substandard performance. Which could be potentially slanderous when applying for a job. In addition to the above, I would also respectfully request to enlist in the naval reserves, so that in the instance my country should need my aid I may volunteer to protect her, if things get to bad over there.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from Applicant (2 pgs)
Civilian/Military Record (3 pgs)
Copies of Medical Documents (13 pgs)
Copies of Service Related Documents (25 pgs)
Handwritten Letter from Applicant
Copy of Letter for Appreciation

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     970806 - 980222  COG

 Period of Service Under Review :
Date of Enlistment: 980223               Date of Discharge: 000505

 Length of Service (years, months, days):

         Active: 02 02 13
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (12 months extension)

 Education Level: 10                        AFQT: 66

 Highest Rate: MMFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (2)    Behavior: 2.00 (2)                OTA: 2.16

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, AFEM, CGMUCR, NAVY"E"RIBBON

 Days of Unauthorized Absence: 31

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

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

 Chronological Listing of Significant Service Events :

990201:  UA from 0700-0900, 990201 (2 hrs).

990601:  NJP for violation of UCMJ, Article 86: UA from unit at 0700, 990430 until 1400, 990528 (28 days/S), violation of UCMJ, Article 87: Missing ship's movement.
         Award: Forfeiture of $558.00 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.

990606:  Retention Warning: Advised of deficiency (Unauthorized absence and missing ship's movement), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990706:  NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty at 0600, 990703.
Award: Confinement on Bread & Water for 3 days. No indication of appeal in the record.
000208:  UA from 0700, 000208 to 0730, 990211 (3 days).

000323:  NJP for violation of UCMJ, Article 86: Unauthorized absence on diverse dates: 991214, 000121, 000219, and 000305.
         Award: Forfeiture of $567.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
000327:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
000327:          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

000426:  Commander, Cruiser-Destroyer Group ONE directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

000628:  Commanding Officer recommended 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 000505 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).

Issue 1: The Board’s charter limits its review to a determination on the propriety and equity of the discharge. The NDRB has no authority to promote or to reinstate rank, change reenlistment codes, or to recommend reenlistment. Relief is therefore denied.

Issue 2: While the applicant may feel his dissatisfaction with his contract expectations and chain of command were factors that contributed to his actions, 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. A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor. T he applicant’s service was marred by award of nonjudicial punishment (NJP) 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 repeated disregard for, and willful disobedience of the orders and directives, which regulate good order and discipline in the naval service. The applicant’s conduct falls short of that required for an honorable characterization of service. In addition, n o other narrative reason more clearly describes the circumstances surrounding the applicant’s processing for administrative separation. Relief denied.

Issue 3: 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. A review of the applicant’s service record, medical record, and additional documentation submitted indicates no such error or injustice occurred during the applicant’s enlistment. Relief denied.

Issue 4: 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. The applicant 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. 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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