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NAVY | DRB | 2002_Navy | ND02-00899
Original file (ND02-00899.rtf) Auto-classification: Denied


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

ex-MMFA, USN
Docket No. ND02-00899

Applicant’s Request
The application for discharge review, received 020612, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030311. 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. I am requesting the upgrade in my discharge so that I can get my re-enlistment code upgraded, so that I may have to opportunity to re-enlist. I can offer no excuse for my actions of the past, I can only offer regret. I hope that the board will grant me this upgrade.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     900214 - 900319  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 900320               Date of Discharge: 931110

 Length of Service (years, months, days):

         Active: 03 07 21
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 85

 Highest Rate: MM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.06 (3)    Behavior: 3.00 (3)                OTA: 3.26

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 49

 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 :

920108:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
Award: Reduction to E-3. No indication of appeal in the record.
921014:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86: (4 Specifications);
         Specification 1: Unauthorized absence from 920427 until 920506 (8 days/S); Specification 2: Unauthorized absence from 920510 until 920515 (5 days); Specification 3: Unauthorized absence from 920518 until 920610 (23 days/S); Specification 4: Unauthorized absence from 920821 until 920831 (10 days/S). Charge II: violation of the UCMJ, Article 87: Miss ship's movement through neglect on 920511.
         Finding: to Charge I and specifications 1 through 4 thereunder, guilty. To Charge II and specification thereunder, guilty.
         Sentence: Confinement for 18 days, forfeiture of $325.00 pay per month for 1 month, reduced to E-2.
         CA action 921027: Sentence approved and ordered executed.
921119:  Retention Warning from [USS JOHN F KENNEDY (CV-67)]: Advised of deficiency (Misconduct as evidenced by a Summary Court-Martial on 921014, for violation of the UCMJ, Article 86 (4 Specifications): Specification 1: Unauthorized absence from 920427 until 920506; Specification 2: Unauthorized absence from 920510 until 920515; Specification 3: Unauthorized absence from 920518 until 920610; Specification 4: Unauthorized absence from 920821 until 920831; violation of the UCMJ, Article 87, miss ship's movement through neglect on 920511. Sentence adjudged: Confinement for 18 days, reduction to E-2, and forfeiture $325.00 pay per month for 1 month ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930901:  NJP for violation of UCMJ, Article 86: Unauthorized absence from unit, 930712 until 930715 (3 days).
         Award: Forfeiture of $407.00 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
         
930908:  USS JOHN F. KENNEDY (CV67) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of serious offense and pattern of misconduct as evidenced by all punishments received under the UCMJ during current enlistment.
930908:  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 submit statements on own behalf either verbally or in writing and to obtain copies of the documents used to support the basis for the separation.

930909:  Medical Officer's drug and/or alcohol abuse evaluation found the Applicant to be not psychologically of physically drug or alcohol dependent.

930928:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of serious offense and pattern of misconduct.

931027:  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 in absentia on 931110 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 Applicant’s discharge characterization accurately reflects his service to his country. 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. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident 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.

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 “ 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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