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NAVY | DRB | 2002_Navy | ND02-01245
Original file (ND02-01245.rtf) Auto-classification: Denied


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

ex-AOAA, USN
Docket No. ND02-01245

Applicant’s Request
The application for discharge review, received 020906, 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 030612. 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. I thank you for reviewing my concern, in changing my discharge to Honorable if shown favor, this would help me continue my education. For enrolling n the Montgomery GI Bill, I have qualified for and been selected to continue my education at ATI in there Graphic Design course. My GI Bill would benefit my attendance at school. Thank you for your consideration.

 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)     920818 - 920827  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 920828               Date of Discharge: 960912

 Length of Service (years, months, days):

         Active: 04 00 15
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4 (4 months extension)*

 Education Level: 12                        AFQT: 35

 Highest Rate: AOAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.75 (4)    Behavior: 3.45 (4)                OTA: 3.70
 Performance: 2.67 (3)    Behavior: 2.67 (3)                OTA: 2.45

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM with Bronze Star, SSDR (3), MUC, Letter of Commendation (2), Letter of Appreciation

 Days of Unauthorized Absence: 1

*Extracted from Commanding Officer's letter dated 960801.

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

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

 Chronological Listing of Significant Service Events :

931124:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 931108 to 931109.
         Award: Restriction for 14 days, reduction to AA. Reduction suspended for 6 months. No indication of appeal in the record.
931124:  Retention Warning from Strike Fighter Squadron: Advised of deficiency (Unauthorized absence from 0700, 931108 to 2200, 931109 (1 day), Restricted to USS INDEPENDENCE for 14 days. Probation for no less than 6 months. Reduction to next inferior pay grade (suspended), forfeiture of $200.00 for 2 months (suspended)), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

931208:  Counseling: Advised of deficiency (performance and personal behavior), notified of corrective actions and assistance available.

940818:  Counseling: Advised of deficiency (personal behavior), notified of corrective actions and assistance available.

940825:  NJP for violation of UCMJ, Article 95: Resisting apprehension, violation of UCMJ, Article 128: Assault.
         Award: Forfeiture of $511 per month for 2 months, restriction and extra duty for 30 days, reduction to AOAA. No indication of appeal in the record.
960311:  Counseling: Advised of deficiency (personal behavior), notified of corrective actions and assistance available.

960322:  Counseling: Advised of deficiency (performance and personal behavior), notified of corrective actions and assistance available.

960602:  NJP for violation of UCMJ, Article 128: Assault (consummated by battery) on 960524.
         Award: Forfeiture of $490 per month for 2 months, restriction and extra duty for 45 days, reduction to AOAA. No indication of appeal in the record.
960603:  Strike Fighter Squadron 192 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 three nonjudicial punishments held on 931124, 940825, and 960602 and by reason of misconduct due to commission of serious offenses as evidenced by two nonjudicial punishments held on 940825 and 960602.
960604:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
960708:  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 commission of a serious offense, that the misconduct warranted separation, and recommended discharge under honorable conditions (general).

960801:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and for commission of serious offenses. Commanding Officer's comments (verbatim): My recommendation to the Administrative Separation Board was for an Administrative Discharge under other than honorable conditions. I stand by that recommendation. AOAA (Applicant) has been a disruptive force within this command for a long time. But more than that, he is plain mean. He carries a large chip on his shoulder and dares anyone to knock it off. While he possesses numerous abilities which could benefit the Navy, his personal demeanor is no where close to being in line with the U. S. Navy's standards of conduct. And, it's intentional behavior. His three Captain's Mast cases listed in para 1.d. tell only part of the story. There is a thick volume of incidents, counseling sheets and second chances surrounding his tenure in this command. He has verbally or physically accosted Sailors from every cliché, nationality and rank (E-7 and below). He is vicious, untrustworthy and a LIAR. I strongly recommend a discharge with other than honorable conditions.

960828:  BUPERS directed the Applicant's discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct. [Extracted from DD Form 214, Block 25.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 960912 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).

Issue 1. A characterization of service of under honorable conditions (general) is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on two occasions and adverse counseling entries on other occasions. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country. 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, to receive veteran’s benefits, or for 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 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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