Search Decisions

Decision Text

NAVY | DRB | 2002_Navy | ND02-00414
Original file (ND02-00414.rtf) Auto-classification: Denied


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


ex-SR, USN
Docket No. ND02-00414

Applicant’s Request
The application for discharge review, received 020221, 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 021022. 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as submitted
1. Clemency is warranted because it is an injustice for me to continue to suffer the adverse consequences of a bad discharge.

 2. I have been a good citizen since discharge.

3. My record of AWOL/UA indicates only minor or isolated offenses.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of questionnaire
 Copy of checklist of instruction for intake interview for discharge review
 Copy of Self-Help Guide to Discharge upgrading (4 pages)
Copy of DD Form 180
 Certificate of completion dated February 19, 1993
 Certificate of completion dated July 9, 1993
 Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: USNR (DEP)     910822 - 920717  ELS
                   USNR (DEP)      920724 - 921102  COG
Period of Service Under Review :
Date of Enlistment: 921103               Date of Discharge: 940730

 Length of Service (years, months, days):
         Active: 01 08 28
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 42
Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA: 3.20

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 1
Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.
Chronological Listing of Significant Service Events :

930806:  Retention Warning from USS LASALLE (AGF-3): Advised of deficiency (Failure to complete Basic Damage Control PQS in the prescribed time frame in accordance with LASALLEINST 3500.1G), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

940506:  NJP for violation of UCMJ, Article 86 (5 specs): (1) Unauthorized absence from appointed place of duty on 20 Apr 94, (2) Unauthorized absence from appointed place of duty on 21 Apr 94, (3) Unauthorized absence from appointed place of duty from 0630, 12 Apr 94 to 1930, 14 Apr 94 (2 days/surrendered), (4) Unauthorized absence from 0630 - 0700, 6 Apr 94, (5) Unauthorized absence from appointed place of duty on 20 Apr 94.
         Award: Forfeiture of $416 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
940506:  Retention Warning from USS AMERICA (CV 66): Advised of deficiency (Misconduct as evidenced by Commanding Officer's nonjudicial punishment on 6 May 1994 for VUCMJ, Article 86, UA from appointed place of duty, to wit: Deck Department Quarters on 20 Apr 94; UA from appointed place of duty, to wit: Deck Department Quarters on 21 Apr 94; UA from his unit, to wit: USS AMERICA from 0630, 12 Apr 94 until 1930, 14 Apr 94 (2 days), UA from his appointed place of duty to wit: Deck Department Quarters on 20 Apr 94), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

940518:  NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty, to wit: Restricted Men's Muster at 0530, 12 May 94.
         Award: Confinement on bread and water for 3 days. No indication of appeal in the record.
940519:  NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty, to wit: remedial PRT 3 times between 18 Apr 94 and 24 Apr 94 and 3 times between 2 May 94 and 8 May 94.
         Award: Forfeiture of $416 per month for 1 month, restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.
940603:  USS AMERICA (CV 66) 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 the nonjudicial punishments under the UCMJ in current enlistment.
940603:  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.
940610:  Commanding Officer, USS AMERICA (CV 66) recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

940614:  NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty, to wit: Restricted Men's Muster on 1830, 7 Jun 94.
         Award: Three days confinement on bread and water. No indication of appeal in the record.
940620:  BUPERS 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 940730 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).
Issues 1 and 2. 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. Relief not warranted.

Issue 3. The Board agrees that each offense that resulted in the Applicant receiving non-judicial punishment and/or a retention warning was a minor offense. However, three or more punishments under the UCMJ within the current enlistment constitute a pattern of misconduct. 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 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 the naval service. An upgrade would be inappropriate. Relief denied.

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. Representation at a personal appearance hearing is recommended but not required.



Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 5, effective 05 Mar 93 until 21 Jul 94), 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 | 2004_Navy | ND04-00462

    Original file (ND04-00462.rtf) Auto-classification: Denied

    ND04-00462 Applicant’s Request The application for discharge review was received on 20040121. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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...

  • NAVY | DRB | 2003_Navy | ND03-00582

    Original file (ND03-00582.rtf) Auto-classification: Denied

    ND03-00582 Applicant’s Request The application for discharge review was received on 20030221. The Applicant requests the reason for the discharge be changed to “general but not honorable my offenses were not honorable.” The Applicant requests a personal appearance hearing discharge review before the Board in the Washington National Capital Region. In the acknowledgement letter to the Applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review...

  • NAVY | DRB | 2005_Navy | ND0500628

    Original file (ND0500628.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant contends that his military service aboard the USS AMERICA (CV 66), during which time he received numerous awards, is deserving of an honorable discharge. 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:Secretary of the Navy Council of Review Boards

  • NAVY | DRB | 1999_Navy | ND99-00672

    Original file (ND99-00672.rtf) Auto-classification: Denied

    Appeal denied 940311.940524: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and pattern of misconduct.940603: Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board. 940623: An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous...

  • NAVY | DRB | 2005_Navy | ND0500521

    Original file (ND0500521.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-SR, USN Docket No. * I was, for the 1st 30 days on board my command. After my discharge.

  • NAVY | DRB | 2000_Navy | ND00-00392

    Original file (ND00-00392.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION 880525: Applicant to unauthorized absence 0600, 25May88.880527: CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.880621: CNMPC authorized discharge of applicant without return to military control. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 880628 under other than honorable conditions for misconduct...

  • NAVY | DRB | 2004_Navy | ND04-00154

    Original file (ND04-00154.rtf) Auto-classification: Denied

    ND04-00154 Applicant’s Request The application for discharge review was received on 20031104. I did not have duty the following day. Should your misconduct continue you will create an adverse pattern of misconduct which cannot be tolerated), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.880107: NJP for violation of UCMJ, Article 134: Drinking an alcoholic beverage while under the legal age.Award: 30...

  • NAVY | DRB | 2002_Navy | ND02-01053

    Original file (ND02-01053.rtf) Auto-classification: Denied

    ND02-01053 Applicant’s Request The application for discharge review, received 020718, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant' s DD Form 214 Fifty-one pages from Applicant's service record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of...

  • NAVY | DRB | 2002_Navy | ND02-01110

    Original file (ND02-01110.rtf) Auto-classification: Denied

    ND02-01110 Applicant’s Request The application for discharge review, received 020807, requested that the characterization of service on the discharge be changed to honorable. Chronological Listing of Significant Service Events :940414: NJP for violation of UCMJ, Article 86 Unauthorized absence from 0530, 931224 until 0600, 940104 (10 days/surrendered) Award: Forfeiture of $466 per month for 2 months, restriction and extra duty for 45 days, reduction to EMFR. No indication of appeal in the...

  • NAVY | DRB | 2001_Navy | ND01-00012

    Original file (ND01-00012.rtf) Auto-classification: Denied

    870427: Vacate suspended forfeiture and reduction awarded at CO's NJP of 4Feb87 due to continued misconduct.870427: NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 7Apr87 to 0730, 11Apr87 (4 days/surrendered). No indication of appeal in the record.870621: NJP for violation of UCMJ, Article 86 (3 specs):Specification 1: Unauthorized absence from appointed place of duty on 2100, 1Jun87. Charge I: violation of the UCMJ, Article 86 (4 specs): Specification 1:...