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NAVY | DRB | 2002_Navy | ND02-01255
Original file (ND02-01255.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND02-01255

Applicant’s Request
The application for discharge review, received 020904, 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 030620. 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/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.       My discharge was inequitable because it was based on one isolated incident in 24
 months of service with no other adverse action.

The Applicant indicated additional issues were attached to his application. None were found.

 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)     None
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 850731               Date of Discharge: 871216

 Length of Service (years, months, days):

         Active: 01 03 12
         Inactive: 00 01 05

 Age at Entry: 22                          Years Contracted: 8

 Education Level: 12                        AFQT: 53

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.10 (2)    Behavior: 2.70 (2)                OTA: 3.10

Military Decorations: None

 Unit/Campaign/Service Awards: BATTLE "E", SSDR

 Days of Unauthorized Absence: 5

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

850903:  Ordered to Active Duty for 36 months under the Active Mariner program.

870304:  NJP for violation of UCMJ, Article 86: In that SNM, on active duty, USS CHANDLER (DDG-996), being a member of the bridge watch, did on board USS CHANDLER (DDG-996) on or about 1100, 870219, without authority, go from his watch with intent to abandon the same.
         Award: Forfeiture of $100.00 pay per month for 1 month, extra duty for 30 days. No indication of appeal in the record.
870516:  UA 0815-1100, 870516.

870517:  UA 0500-1400, 870517.

 870529:  Retention Warning: Advised of deficiency (Absence from unit, failure to obey a lawful order), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

870529:  NJP for violation of UCMJ, Article 86: (3 Specifications) , Specification 1 : In that SNM, on active duty, USS CHANDLER (DDG-996), did, on or about 0800, 870516, without authority, absent himself from his unit, to wit: USS CHANDLER (DDG-996) and did remain so absent until on or about 1130, 870516; Specification 2 : In that SNM, on active duty, USS CHANDLER (DDG-996), did, on or about 0500, 870517, without authority, absent himself from his unit, to wit: USS CHANDLER (DDG-996) and did remain so absent until on or about 1400, 870517; Specification 3 : In that SNM, on active duty, USS CHANDLER (DDG-996), did, on or about 0730, 870522, without authority, absent himself from his unit, to wit: USS CHANDLER (DDG-996) and did remain so absent until on or about 0205, 870525 (3 days); violation of UCMJ, Article 92: Having knowledge of a lawful order issued by the duty MAA, QM1 R. P. A_, to not return to the ship without duty MAA escort, an order which it was his duty to obey, did, on board the USS FIFE BARGE messdeck located at southwest shipyard, San Diego, CA, on or about 0755, 870525, fail to obey the same by returning to the USS CHANDLER (DDG-996) without an escort.
         Award: Forfeiture of $369.00 pay per month for 2 months, restriction to the USS CHANDLER (DDG-996) for 45 days, extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

870605:  NJP for violation of UCMJ, Article 86: (2 Specifications) , Specification 1 : Failure to go to appointed place of duty on or about 1900, 870601, to wit: Restricted Men's Muster; Specification 2 : Failure to go to appointed place of duty on or about 1921, 870601, to wit: Color Detail Muster.
         Award: Confinement on Bread & Water for 3 days. No indication of appeal in the record.

870903:  NJP for violation of UCMJ, Article 86: (2 Specifications) , Specification 1 : In that SNM, on active duty, USS CHANDLER (DDG-996), located at southwest shipyard, San Diego, CA, on or about 0730, 870807, without authority, absent himself from his unit at which he was required to be, to wit: USS CHANDLER (DDG-996) located at Pier 8, Naval Station, San Diego, CA and did remain so absent until on or about 1659, 870808; Specification 2 : In that SNM, on active duty, USS CHANDLER (DDG-996), located at southwest shipyard, San Diego, CA, on or about 1900, 870601 without authority, fail to go at the time prescribed to his appointed place of duty, to wit: the forecastle for sea detail. Violation of UCMJ, Article 128: In that SNM, on active duty, USS CHANDLER (DDG-996), located at sea, on or about 0900, 870824, assault BM3 C_ T_, by grabbing him on the shoulder with his left hand with the intention of punching him with his right closed fist. Violation of UCMJ, Article 117: In that SNM, on active duty, USS CHANDLER (DDG-996), located at Sea, on or about, 0900, 870824, wrongfully used provoking and reproachful words, to wit: “You know how bad I want to kick your (profanity) and I will knock you out," or words to that effect towards BM3 C_ T_, USN.
         Award: Restriction and extra duty for 45 days, reduction to E-1, recommended for administrative discharge. No indication of appeal in the record.
         
870904:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct as evidenced by NJP's of 870306, 870529, 870605, and 870903.

870918:  NJP for violation of UCMJ, Article 86: In that SNM, on active duty, USS CHANDLER (DDG-996), located at southwest shipyard, San Diego, CA, on or about 2400, 870912, without authority, absent himself from his unit at which he was required to be, to wit: USS CHANDLER (DDG-996) located at Pier 7, Naval Station, San Diego, CA and did remain so absent until on or about 1100, 870914.
         Award: Forfeiture of $150.00 pay per month for 1 month, restriction and extra duty for 15 days. No indication of appeal in the record.
870925:  Applicant advised of his rights and having elected 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, the right to request an administrative board, the right to submit statements in his behalf, the right to representation at an administrative board by qualified counsel, and the right to representation by civil counsel.

871005:  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 NJP's of 870306, 870529, 870605, and 870903 and misconduct due to commission of a serious offense as evidenced by NJP on 870529 for violation of Article 92, UCMJ.

871005:  Applicant advised of his rights and having elected 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, the right to request an administrative board, the right to submit statements in his behalf, the right to representation at an administrative board by qualified counsel, and the right to representation by civil counsel.

871006:  Applicant advised of his rights and having elected 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.
871013:  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.

871024:  CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 871216 under other than honorable conditions for misconduct due to commission of a serious offense (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 other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor. T he Applicant’s service was marred by award of nonjudicial punishment on five occasions in just fifteen months of active service. 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 would be inappropriate. Relief denied.

 The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. 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, or good conduct in civilian life, subsequent to leaving the service. Relief not warranted.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until
10 Jan 89, Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

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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