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NAVY | DRB | 2002_Navy | ND02-00739
Original file (ND02-00739.rtf) Auto-classification: Denied


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

ex-GMSA, USN
Docket No. ND02-00739

Applicant’s Request
The application for discharge review, received 020502, requested that the characterization of service on the discharge be changed to honorable, but if the discharge cannot be upgraded to honorable, request change RE-4 code. The Applicant requested a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030124. 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. I love my country dearly, my family is deceased, the Navy is all I have. Life is boring now working job's that don't have anything to offer. I swear honestly I just would like for someone to have faith in me that I've changed. The friend's and co-workers's I met in the Navy are & were my family. I don't want to be another statistic. The greatest day of my life was graduating bootcamp. That time is frozen in my heart and mind. I had finally accomplished something worth being proud of. The Navy made me stronger. All that had/had to do with the vision was positive, I miss the action, please if there's a God give me a chance. My RE-4 code stop's me from getting to my dream of being a successful, independent, outstanding man. I would like to have the opportunity to do what I swore to do in my oath. I would at least like to have the chance to join the Reserve's. The "9-1l" event was the cherry on the pie that serving my country is what I want to do please help me to achieve my dream. Please, Please - I beg you to give me a chance, no one's perfect but I've since been trying to be as close to it as I can. Do, please give me a chance I feel that my life is in your hand's. I pray that I can serve my country everyday, it's the only one thing I surely know I would love to do. God Bless You, I would like my discharge to be upgraded but if it can't happen can you at least change my RE-4 code. Thank You.

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     981223 - 990106  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 990107               Date of Discharge: 010424

 Length of Service (years, months, days):

         Active: 02 03 18
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 37

 Highest Rate: GMSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.0 (1)     Behavior: 1.0 (1)                 OTA: 2.50 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: HSM, SSDR, N&MC OSSR

 Days of Unauthorized Absence: None

 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 :

000804:  NJP for violation of UCMJ, Article 92: Failure to obey order; violation of UCMJ Article 117: Provoking speeches and gestures; violation of UCMJ Article 134: Drunkenness incapacitation for performance of duties.
         Award: Forfeiture of $200 per month for2 months, restriction and extra duty for 15 days. No indication of appeal in the record.
001027:  NJP for violation of UCMJ, Article 132: Drunk and disorderly conduct.
         Award: Forfeiture of $585.75 per month for 2 months (1 month suspended for 6 months), restriction and extra duty for 30 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.
001031:  Retention Warning: Advised of deficiency (NJP for violation of UCMJ, Article 132 - Drunk and disorderly conduct), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

001222:  NJP for violation of UCMJ, Article 92: Failure to obey lawful order or regulation.
         Award: Vacate from 00OCT27 NJP: Reduction in rate to E-2 and $585.75 pay er month for 1 months. Forfeiture of $563.70 per month for 2 months, extra duty for 60 days, reduction to E-2. No indication of appeal in the record.
010329:  NJP for violation of UCMJ, Article 95: Resisting apprehension; violation of UCMJ Article 134: Drunk and disorderly conduct.
Award: Restriction and extra duty for 30 days. No indication of appeal in the record.
010404:  Applicant notified of intended recommendation for discharge with a General (Under Honorable Conditions) by reason of misconduct due to a pattern of misconduct and alcohol rehabilitation failure.
[EXTRACTED FROM CO, USS JUNEAU MSG OF 05APR01.]
010404:  Applicant advised of rights and having elected not to consult with a lawyer, waived all rights except the right to obtain copies of the documents used to support the basis for the separation.
[EXTRACTED FROM CO, USS JUNEAU MSG OF 05APR01.]
010405:  USS JUNEAU advises CNPC that Applicant has been processed for discharge with a General Under Honorable Conditions due to pattern of misconduct and that Applicant will be transferred to TPU Bangor, WA for completion of the discharge processing. Commanding Officer's comments (verbatim): "GMSA (Applicant) is an excellent sailor when he is sober. I have given him several chances to prove himself capable of proper behavior while on liberty. However, he has been unable to control his drinking, despite the Navy's and this command's best efforts to help him. GMSA (Applicant) successfully completed Level III alcohol rehabilitation course 1 DEC 00. Each of SA (Applicant)'s offenses are relatively minor by themselves, but considered together form a pattern of misconduct stemming from an inability to control alcohol. I have exhausted all rehabilitation options and regret the necessity of this action. Because his problems are always associated with alcohol, I am recommending him for a General discharge for pattern of misconduct and alcohol rehabilitation."
010409:  CNPC 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 010424 with a discharge characterization of 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 was properly and equitably processed for separation for a pattern of misconduct. The Applicant’s service record is marred by award of non-judicial punishment (NJP) on four occasions, to include the appropriate retention and discharge warnings. The Applicant’s summary of service clearly reflects the Applicant ’ s disobedience of the orders and directives that regulate good order and discipline in the naval service, and demonstrated he was unsuitable for further service. 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.

Issue 2: 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. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter. Relief is therefore denied

The following is provided for the Applicant’s information: 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, a positive employment record, documentation of community service, certification of non-involvement with civil authorities, 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), 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 “ 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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