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NAVY | DRB | 2002_Navy | ND02-01046
Original file (ND02-01046.rtf) Auto-classification: Denied


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

ex-FR, USNR (TAR)
Docket No. ND02-01046

Applicant’s Request
The application for discharge review, received 020718, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030424. 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 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. While doing a chivalrous deed - was detained by police in Mexico & missed ship's movement. A young lady was afraid to walk home by herself - I escorted her to her home - On walk back slipped into alley for quick whiz - caught by police officer & detained overnight - ship left at 8AM - was not released til later. I want to pursue a career as a firefighter & really need an Honorable Discharge. Any & all help would be greatly appreciated.

 Documentation
Only the service and medical records were reviewed, as the Applicant did not provide additional documentation for the Board to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 910830               Date of Discharge: 941020

 Length of Service (years, months, days):

         Active: 02 03 13 (Excludes lost time.)
         Inactive: 00 09 18

 Age at Entry: 17(Parental Consent)       Years Contracted: 8

 Education Level: 11                        AFQT: 76

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.9 (2)     Behavior: 2.9 (2)                 OTA: 3.12

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 20

 Character, Narrative Reason, and Authority of Discharge (at time of issuance per a Page 13 entry dated 20OCT94):

GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

910830   Applicant signed enlistment documents to serve in the Naval Reserve.

920518   Applicant reported to Recruit Training Command, San Diego, CA.

921119   Applicant reported for duty on board USS JOHN A. MOORE.

921204:  NJP for violation of UCMJ, Article 92: Disobeying a lawful order.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 15 days.

921204:  Retention Warning from USS JOHN A MOORE (FFG 19): Advised of deficiency (your ability to follow all orders, written and verbal), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930908:  Unauthorized absence from USS JOHN A MOORE at Rodman, PM.

930908:  Missed ships movement from Naval Station, Rodman, PM.

 930928:  Surrendered on board Naval Station, Rodman, PM at 0020. Returned to USS JOHN A MOORE AT 0310, escorted from Naval Station, Rodman, PM.

931001:  NJP for violation of UCMJ, Article 86: Absent without leave; violation of UCMJ, Article 87: Missing movement.
         Award: Restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
940719:  NJP for violation of UCMJ, Article 86: Absence without leave; violation of UCMJ, Article 87: missing movement.
Award: Restriction for 35 days and extra duty for 30 days. No indication of appeal in the record.
940802:  CO, USS JOHN A. MOORE, notified Applicant of intended recommendation for discharge by reason of misconduct due to a pattern of misconduct as evidenced by three punishments under the Uniform Code of Military Justice (UCMJ) within the current enlistment and by reason of misconduct due to commission of a serious offense as evidenced by Commanding Officer's non judicial punishment (NJP) on 4 December 1992 for violation of the UCMJ Article 92 (disobeying a lawful order), Commanding Officer's NJP on 1 October 1993 for violation of the UCMJ Article 87 (Missing Movement), and Commanding Officer's NJP on 19 July 1994 for violation of the UCMJ Article 87 (Missing Movement). Applicant was advised, if separated, the characterization of service may be under other than honorable conditions

940820:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board. Applicant did not object to this separation.
940913:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense, that the misconduct warranted separation, and recommended a General (Under Honorable Conditions) discharge.

940929   Applicant attended pre-separation presentation.

941020   Service Record entry on NAVPERS 1070/613. Applicant discharged this date with General (Under Honorable Conditions). (Enlistment in Navy USNR-TAR), Authorization: MILPERSMAN 3630600. DD 257 issued.
Note: The DD Form 257 is a General Discharge Certificate. The service record did not include a copy of either DD Form 257 or DD Form 214.
941021:  Commanding Officer, USS JOHN A MOORE advised BUPERS that Applicant was discharged, based on recommendation of the Administrative Board, on 20 October 1994 with a characterization of service as General reason of misconduct due to a pattern of misconduct. Commanding Officer’s comments (verbatim): "FR M_ (Applicant) has been an asset to the command. His hard work and dedication are greatly appreciated. However, as evidenced by his frequent disciplinary problems, FR M_ (Applicant) has proven himself to be unable to exist in a military environment. I recommend separation with a General Discharge."

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 941020 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 Board has no authority to upgrade a discharge for the sole purpose of enhancing employment opportunities as requested by the Applicant. The Applicant’s service is equitably characterized as general (under honorable conditions). A characterization of service of general (under honorable conditions) is warranted when significant negative aspects of a service member’s conduct or performance of duty outweigh the positive aspects of the service member’s military record. The Applicant’s summary of service is marred by award of non-judicial punishment (NJP) on three occasions. 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. An upgrade to fully honorable would be inappropriate. 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 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 9, effective
22 Jul 94 until 02 Oct 96), 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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