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NAVY | DRB | 2002_Navy | ND02-01154
Original file (ND02-01154.rtf) Auto-classification: Denied


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

ex-BMSA, USN
Docket No. ND02-01154

Applicant’s Request
The application for discharge review, received 020815, requested that the characterization of service on the discharge be changed to honorable. The Applicant requested a personal appearance hearing discharge review before the Board in the Washington National Capital Region. The Applicant did not list any representative on the DD Form 293. Subsequent to the application, the applicant obtained representation by the Veterans of Foreign Wars.

Decision

A personal appearance discharge review hearing was conducted in Washington, D.C. on 030324. 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 HONORABLE CONDITIONS (GENERAL)/EXPIRATION OF TERM OF ENLISTMENT, authority: NAVMILPERSMAN, Article 3620150.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. Post service conduct.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Certificate of Church Membership, dated October 18, 2001
Employment verification, dated March 22, 2003
Transcript for 1991-1992 Conservation/Heavy Equipment
Resumé (2 pages)
Character reference, dated March 5, 2003
Dog Control Officer business card

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     None
         Active: USN                        790910 - 830905  HON

 Period of Service Under Review :
Date of Enlistment: 830906               Date of Discharge: 870906

 Length of Service (years, months, days):

         Active: 04 00 01
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

Education Level: 12                        AFQT: 49

 Highest Rate: BM2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.16 (6)    Behavior: 2.83 (6)                OTA: 2.93

 Military Decorations: None

 Unit/Campaign/Service Awards: GCM, NEM, SSDR,

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/EXPIRATION OF TERM OF ENLISTMENT, authority: NAVMILPERSMAN, Article 3620150.

 Chronological Listing of Significant Service Events :

830906:  Reenlisted for 4 years on board SIMA, San Diego, CA.

870502:  Unauthorized absence from 0725 to 1318, 870502.

 870522:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0725 to 1318, 870502.
         Award: Forfeiture of $400.00 pay per month for 1 month (suspended for 4 months), reduction to E-4 (suspended for 4 months). No indication of appeal in the record.

870618:  Commanding Officer advised Applicant failed to complete Family Advocate Program.

870708:  Applicant advised of being placed on report for 2 counts of Art 86 and 1 count each of Art 92 and 90.

870710:  NJP for violation of UCMJ, Article 86: (2 Specifications); Unauthorized absence 30 minutes on 870606 and 1 hour 30 minutes on 870608.
         Award: Forfeiture of $150.00 pay per month for 2 months. No indication of appeal in the record.

870710:  Suspended reduction to BM3 awarded 870522 vacated.

870714:  Retention Warning: Advised of deficiency (Disobeying orders from superior commissioned officer, violation of a lawful written order), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.   

870731:  NJP for violation of UCMJ, Article 112a: Wrongful use of a controlled substance.
         Award: Forfeiture of $250.00 pay per month for 1 month, reduction to E-3. No indication of appeal in the record.

870731:  EPER Trait Marks for period 870401 thru 870731:
         Rating Knowledge - 2.8; Reliability - 1.0; Military Bearing - 2.6; Personal Behavior - 1.0; Directing - NOB; Overall evaluation - 2.0.

870731:  Counseled due to refusal to sign Enlisted Performance Evaluation Report for period 870401 to 870731.

870904:  NJP for violation of UCMJ, Article 86: Unauthorized absence 0655, 870819 to 0655, 870820, (1day/S).
         Award: Reduction to E-2. No indication of appeal in the record.

870906:  EPER Trait Marks for period 870801 thru 870906:
         Rating Knowledge - 1.0; Reliability - 1.0; Military Bearing - 1.0; Personal Behavior - 1.0; Directing - NOB; Overall evaluation - 1.0.

870906:  Counseled due to refusal to sign Enlisted Performance Evaluation Report for period 870801 to 870906.

870906:  General Discharge/Expiration of Term of Enlistment, auth: Naval Military Personnel Manual, Article 3620150.

 880617:  NDRB documentary record review Docket Number ND88-00659 conducted. Determination: discharge proper and equitable; relief not warranted.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 870906 under honorable conditions (general) for expiration of term of enlistment (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: There is no law, or regulation, which provides that a less than honorable discharge may be upgraded based solely on the passage of time, or good conduct in civilian life, subsequent to leaving the service. 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. While 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, regulations do not clearly define this authority, and in fairness to those who have served honorably, the Board is very judicious in its application of this authority.

A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a service member’s conduct or performance of duty outweigh the positive aspects of the member’s military record. After a complete review of the record, including the evidence submitted by the Applicant, the Board determined that the Applicant’s evidence of post service accomplishments do not mitigate the non-judicial punishments and adverse performance evaluations that contributed to the Applicant’s discharge characterization. An upgrade to fully honorable service would be inappropriate.

The Applicant is reminded that he served honorably in the United States Navy and that his characterization of service, under honorable conditions (general) reflects that honorable service. The Applicant should be justifiably proud of the eight years of military service he gave to his country. The Board concluded that the Applicant has proven he is a solid citizen. The Board encourages the Applicant to continue to make positive contributions to his family, his community, and his country, through his church, employment and volunteer activities. Relief not warranted.







Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560), Change 07/84, effective
02 Aug 84 until 13 Jun 90, Article 3620150, SEPARATION OF ENLISTED PERSONNEL BY REASON OF EXPIRATION OF ENLISTMENT, FULFILLMENT OF SERVICE OBLIGATION, OR EXPIRATION OF TOUR OF ACTIVE DUTY

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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