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NAVY | DRB | 2002_Navy | ND02-00713
Original file (ND02-00713.rtf) Auto-classification: Denied


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

GMGSN, USN
Docket No. ND02-00713

Applicant’s Request
The application for discharge review, received 020426, 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 030206. 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, as submitted

1. My discharge was inequitable because it was based on one isolated incident in 75 months of service with no other adverse action

Also my first 4 years went without a hitch. I reenlisted

I received a commendation for fighting a fire on my minesweeper in the Persian Gulf during operation Desert Shield

I received a letter of commendation for serving on a minesweeper in a live minefield for 6 months during Operation - Desert Shield

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     851025 - 851106  COG
         Active: USN                        851107 - 900226  HON

 Period of Service Under Review :
Date of Enlistment: 900227               Date of Discharge: 920206

 Length of Service (years, months, days):

         Active: 01 11 10
         Inactive: None

 Age at Entry: 24                          Years Contracted: 4

 Education Level: 9 GED            AFQT: 65

 Highest Rate: GMG3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (5)    Behavior: 3.16 (5)                OTA: 3.28

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM (2), SSDR (2),BER (1), MUC, NDSM, Letter of Commendation (2)

 Days of Unauthorized Absence: None

 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 :

900227:  Applicant reenlisted at Naval Station, Long Beach, CA for 4 years.

 910311   Retention Warning from USS SENTRY (MCM-3): Advised of deficiency (Continued indebtedness), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 910509:  NJP for violation of UCMJ, Article 91: Derelict in the performance of duties in that he willfully failed to perform proper PMS on assigned tasks on 910424.
         Award: Oral reprimand. No indication of appeal in the record.
910510:  Retention Warning from USS SENTRY (MCM-3): Advised of deficiency (Gun-decking PMS records.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910610:  Retention Warning from USS SENTRY (MCM-3): Advised of deficiency (Uttering bad checks/letters of indebtedness.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

911122:  NJP for violation of UCMJ, Article 86: Absent from appointed place of duty on 1615, 911119.
         Award: Extra duty for 45 days, reduction to GMGSN. Reduction suspended for 6 months. No indication of appeal in the record.
911212:  USS SENTRY (MCM-3) 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 all punishments under the UCMJ in your current enlistment and misconduct as evidenced by an established pattern of failure to pay just debts.
911223:  Applicant advised of rights and having consulted 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.
911231:  Commanding Officer recommended discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct and an established pattern of failure to pay just debts.

920110:  NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty, violation of UCMJ, Article 92: Failure to obey lawful order from CO to perform extra duties.
         Award: Vacated previous suspension, reduction to GMGSN. No indication of appeal in the record.
920127:  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 920206 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: The Board’s charter limits its review to a determination on the propriety and equity of the discharge. In the Applicant’s case the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. The Applicant will note that the NDRB recommended that a corrected Form DD-214 be issued to reflect his continuous honorable active service from 851107 until 900226.

The Applicant believes his discharge was inequitable because it was based on one isolated incident. The Applicant ’ s conduct which forms the primary basis for determining the character of service, reflects his repeated disobedience of the orders and directives that regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. The receipt of letter ’ s of commendation and favorable performance evaluations during an Applicant’s enlistment, do not guarantee an honorable discharge. A characterization of service of under other than honorable conditions is warranted when the service member’s conduct constitutes a significant departure of that expected of a sailor. The Applicant ’ s service is equitably characterized as being performed under other than honorable conditions due to his own misconduct, which resulted in award of non-judicial punishment on three occasions for violations of the UCMJ. 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 denied.

 The following is provided for the Applicant’s information: T here 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, a positive employment record, documentation of community service, and certification of non-involvement with civil, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. 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, 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 “ afls14.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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