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NAVY | DRB | 2002_Navy | ND02-01125
Original file (ND02-01125.rtf) Auto-classification: Denied


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

ex-ITSR, USN
Docket No. ND02-01125

Applicant’s Request
The application for discharge review, received 020729, 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 030501. 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 1910-140 (formerly 3630600).

 .


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

Prior to the documentary discharge review, the Applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant's DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     990424 - 990527  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 990528               Date of Discharge: 011105

 Length of Service (years, months, days):

         Active: 02 05 08
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 52

 Highest Rate: ITSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA: 3.00

 Military Decorations: None

 Unit/Campaign/Service Awards: CGUCR, AFEM

 Days of Unauthorized Absence: 7

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

 Chronological Listing of Significant Service Events :

000905:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 000815 to 0700, 000819 (4 days/surrendered), violation of UCMJ, Article 87: Miss ship's movement on 000817, violation of UCMJ, Article 134 (7 specs): Uttering worthless checks. [Partial extracted from Commanding Officer's message dated 011105.]
         Award: Forfeiture of $563 per month for 2 months, restriction and extra duty for 45 days, reduction to ITSR. No indication of appeal in the record.
000905:  Retention Warning: Advised of deficiency (You were found guilty of failing to have sufficient funds, unauthorized absence, and missing ship's movement.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

001011:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Fail to go at time prescribed to appointed place of duty on 1800, 000907, to wit: restricted men's muster, (2) Fail to go at time prescribed to appointed place of duty on 0630, 000915, to wit: restricted men's muster.
         Award: Bread and water for 3 days. No indication of appeal in the record.
010203:  NJP for violation of UCMJ, Article 121 (2 specs): (1) Steal one CD case between September 2000 and 22 December 2000, the property of Information Systems Technician Seaman, a value of $15.00, (2) Steal a variety of CD's, between September 2000 and 22 December 2000, the property of various personnel stationed on board USS ABRAHAM LINCOLN, a value of $575.00.
         Award: Forfeiture of $521 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
010406:  NJP for violation of UCMJ, Article 86 (3 specs): (1) Fail to go at time prescribed to appointed place of duty on 1100, 020304, to wit: restricted personnel muster, (2) Fail to go at time prescribed to appointed place of duty on 0630, 010310, (3) Absent from unit on 0715-1500, 010325.
         Award: Confinement on bread and water for 3 days. No indication of appeal in the record.
010830:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86 (9 specs).
         Specification 1-7: Failure to go to appointed place of duty, to wit: restricted personnel muster.
         Specification 8: Going from appointed place of duty on 010615.
         Specification 9: Unauthorized absence from 010716 to 010719 (3 days).
         Charge II: violation of the UCMJ, Article 92 (5 specs):
         Specification 1-5: Dereliction of duty.
         Charge III: violation of the UCMJ, Article 121.
         Specification: Larceny of non-military property valued at $100.00 on 010618.
         Finding: to Charge I, II, and III and the specifications thereunder, guilty.
         Sentence: Forfeiture of $694.00, confinement for 30 days. [Extracted from Commanding Officer's message dated 011105.]
         CA action: Not found in service record.

011028:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by your punishment at CO, NJP on 5 Sep 00, 11 Oct 00, 3 Feb 01, 6 Apr 01, and your conviction by Summary Court-Martial on 30 Aug 01 and by reason of misconduct due to the commission of serious offenses as evidenced by your violation of UCMJ Articles 87 (missing ship's movement) and 121 (larceny).
011028:  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 obtain copies of the documents used to support the basis for the separation.
011105:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense. [Date extracted from COMGRUDESGRU THREE message dated 011107.]

011107:  COMGRUDESGRU THREE 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 011105 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).
The Applicant introduced no decisional issues for consideration by the NDRB. The Applicant's other than honorable discharge was proper and equitable. The NDRB, under its responsibility to examine the propriety and equity of an Applicant's discharge, will change the reason for discharge if such a change is warranted. There is no evidence of impropriety, inequity or procedural irregularities in the Applicant's discharge. The Applicant's pattern of misconduct is clearly documented in his service record that included four NJPs and one summary court-martial. He acknowledged and waived his rights to administrative review. He was notified that by waiving his rights and accepting an other than honorable discharge, he could possibly encounter significant difficulties in obtaining employment and other benefits. The Applicant was afforded the appropriate due process at every opportunity. The NDRB found the Applicant's service record devoid of any mitigating or extenuating factors that would warrant an upgrade of the Applicant's discharge to an honorable characterization. Relief denied.

The following is provided for the edification of the Applicant. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. However, 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 the civilian life subsequent to leaving the service. Outstanding post-service conduct, 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 may be considered. Examples include documentation such as educational pursuits, verifiable employment record(s), documentation of community service, and certification of non-involvement with civil authorities. At this time, the applicant has not provided such documentation for the Board to consider.

 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 18, effective
12 Dec 1997 until 21 Aug 2002, 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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