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NAVY | DRB | 2003_Navy | ND03-00064
Original file (ND03-00064.rtf) Auto-classification: Denied


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

ex-AA, USN
Docket No. ND03-00064

Applicant’s Request
The application for discharge review, received 20021007, 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 20030912. 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 - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1. I ABAA (Applicant) respectfully a change or correction of military record. I was ignorant at the time I was in the military and I made a lot of mistakes over the years I’ve done a lot of changing and growing up. I would like a second chance with the military to make some changes and corrections in my life, so if possible can you help me by changing my discharge to General Under Honorable Conditions.

 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)     860930 - 870122  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 870123               Date of Discharge: 900418

 Length of Service (years, months, days):

         Active: 03 02 26
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

 Education Level: 12                        AFQT: 52

 Highest Rate: ABEAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.17 (6)    Behavior: 2.77 (6)                OTA: 3.30

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

870129:  Retention Warning from [Recruit Training Command, Naval Training Center, Great Lakes, IL]: Advised of deficiency (Non-swim qualified.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

870709:  NJP for violation of UCMJ, Article 134 (4 specs): (1) Indebtedness on 870504 to 870612 in the amount of $474.38, (2) Indebtedness on 870430 to 870512 in the amount of $918.00, (3) Indebtedness on 870509 to 870612 in the amount of $20.97, (4) Indebtedness on 870510 to 870612 in the amount of $24.54.
         Award: Forfeiture of $200 per month for 2 months, restriction for 60 days Forfeiture suspended for 6 months. No indication of appeal in the record.
880209:  NJP for violation of UCMJ, Article 115: Feigning an illness on 870128, violation of UCMJ, Article 134: Altering a public record, to wit: duty modification report on 880128.
         Award: Forfeiture of $376 per month for 2 months, restriction for 60 days, reduction to E-X. All punishment suspended for 60 months except restriction for 30 days. No indication of appeal in the record.
880209:  Retention Warning from [USS FORRESTAL (CV 59)]: Advised of deficiency (Performance and conduct have been unsatisfactory.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880229:  NJP for violation of UCMJ, Article 86 (6 specs): (1) Unauthorized absence from men’s muster on 880115, (2) Unauthorized absence from men’s muster on 880219, (3) Unauthorized absence from men’s muster on 880220, (4) Unauthorized absence from men’s muster on 880222, (5) Unauthorized absence from men’s muster on 880223, (6) Unauthorized absence from men’s muster on 880224.
         Award: Bread and water for 3 days. Punishment suspended for the remainder of time on restriction. No indication of appeal in the record.
881210:  NJP for violation of UCMJ, Article 121: Steal 1 set of Pioneer car stereo speakers, Model IS-6977, the property of Navy Exchange on 881115.
         Award: Forfeiture of $376 per month for 2 months, restriction and extra duty for 45 days, reduction to AR. Reduction suspended for 6 months. No indication of appeal in the record.
Undated:         Retention Warning from [Helicopter Antisubmarine Squadron ONE]: Advised of deficiency (Larceny, wrongful appropriation of car stereo speakers from NEX.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900411:  NJP for violation of UCMJ, Article 123A: Make and utter certain checks totaling $600.00 on 21, 22 and 23 Dec89 for the purpose of obtaining U.S. currency and thereafter fail to maintain sufficient funds.
         Award: Forfeiture of $405 per month for 2 months, restriction and extra duty for 45 days, reduction to AA. No indication of appeal in the record.
900411:  Medical Evaluation: Applicant was evaluated and it was determined there is no evidence of neurotic or psychotic disorder, Applicant is able to determine right from wrong, and there is no evidence of physiologic/psychologic addiction to drugs or alcohol.

900411:  USS FORRESTAL (CV 59) 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 all punishments under the UCMJ in your current enlistment and misconduct due to commission of serious offenses, to wit: Article 134: Failure to pay just debts between 870504 and 870612, Article 115: Feigning an illness on 870128, Article 121: Larceny on 881115, and Article 123A: Dishonorably fail to maintain sufficient funds on 891221, 891222, and 891223.
900411:  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.
900412:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. And misconduct due to commission of a serious offense.

900417:  CNMPC 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 19900418 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).

Issue 1: Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the Applicant’s enlistment. While he may feel that his youth and immaturity were contributing factors, they do not mitigate the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service, demonstrating he was unsuitable for further service. His service record is marred by award of non-judicial punishment (NJP) on five separate occasions thus substantiating the misconduct . It must be noted that most Sailors serve honorably and well and therefore earn honorable discharges. In fairness to those Sailors, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. An upgrade would be inappropriate. Relief denied. For the Applicant’s edification, Sailors with similar service records normally receive a discharge characterization of under other than honorable conditions.

Concerning reenlistment, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done during the processing of a formal application for enlistment through a recruiter. Relief is therefore 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, a drug-free lifestyle, and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time. Representation at a personal appearance hearing is recommended but not required.


 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, Change 8 effective 21 Aug 89 until 14 Aug 91), 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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