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NAVY | DRB | 2002_Navy | ND02-01219
Original file (ND02-01219.rtf) Auto-classification: Denied


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

ex-HTFR, USN
Docket No. ND02-01219

Applicant’s Request
The application for discharge review, received 020820, 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. In the acknowledgement letter, the Applicant was informed he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington D.C. area. The Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030602. After a thorough review of the records, supporting documents, facts, 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)/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 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:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     831216 - 840515  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 840516               Date of Discharge: 880415

 Length of Service (years, months, days):

         Active: 03 11 00
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 46

 Highest Rate: HTFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.35 (4)    Behavior: 3.15 (4)                OTA: 3.30

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR (2), NER

 Days of Unauthorized Absence: 8

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

850603:  NJP for violation of UCMJ, Article 86: Absent from unit 0745, 850518 to 0645, 850520 (1 day, 23 hours/surrendered).
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
860327:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 91: Disobedience of a lawful order.
         Award: Forfeiture of $372 per month for 1 month, restriction and extra duty for 20 days, page 12 warning. Forfeiture suspended for 6 months. No indication of appeal in the record.
860327:  Retention Warning from USS WICHITA (AOR-1): Advised of deficiency (Unauthorized absence, disobeying a lawful order.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860828:  NJP for violation of UCMJ, Article 86: Unauthorized absence on 850825.
         Award: Vacate previous award of forfeiture of $372.00 for 1 month awarded at CO's NJP of 860327 and correctional custody for 30 days. Correctional custody suspended for 6 months. No indication of appeal in the record.
861121:  Modification to original report of action dated 860828: Previous NAVPERS 1070/607 in error. Member awarded 30 days correctional custody (susp for 6 months), forfeiture of $372.00 for 1 month (susp for 6 months) vice forfeiture of $372.00 for 1 month.
870501:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful written order on 870419.
         Award: Oral reprimand. No indication of appeal in the record.
870723:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0630, 870710 to 1030, 870714 (4 days/surrendered), violation of UCMJ, Article 87: Missing ship's movement on 870710.
         Award: Restriction and extra duty for 45 days. No indication of appeal in the record.
871031:  Retention Warning from USS WICHITA (AOR-1): Advised of deficiency (Poor performance. HTFN (Applicant) seen by chief engineer on two separate occasions "kicking back" in valve maintenance shop during normal working hours.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

871201:  USS WICHITA (AOR-1) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by five instances of NJP during the current enlistment.
871201:  Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
871211:  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, that the misconduct warranted separation, and recommended discharge under honorable conditions (general).

880307:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

880330:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86 (2 specs):
         Specification 1: Unauthorized absence 0700-0715, 880315.
         Specification 2: Unauthorized absence from 1100, 880319 until 0700, 880323 (3 days/surrendered).
         Charge II: violation of the UCMJ, Article 87:
         Specification: Missing ship's movement on 880322.
         Finding: to Charge I and II and the specifications thereunder, guilty.
         Sentence: Forfeiture of $448.00, CHL for 15 days, reduction to HTFR.
         CA action 880407: Sentence approved and ordered executed.

880330:  Applicant to confinement.

880406:  CNMPC directed the Applicant's discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct.

880411:  Applicant released from confinement and returned to full duty.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 880415 under honorable conditions (general) 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 did not introduce any decisional issues for the Board’s consideration. A characterization of service of under honorable (general) conditions is warranted when the member’s conduct constitutes a departure from that expected of a Sailor. The Applicant’s service was marred by award of nonjudicial punishment (NJP) on five separate occasions for several offenses including unauthorized absence and missing ship's movement. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflect his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for a honorable characterization of service. An upgrade to honorable would be inappropriate. Relief denied.

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, 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 did not provide any verifiable documentation of good character and conduct to mitigate his misconduct while on active duty. Relief denied.







Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, effective 870615 - 890110), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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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