Search Decisions

Decision Text

NAVY | DRB | 2003_Navy | ND03-00394
Original file (ND03-00394.rtf) Auto-classification: Denied


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


ex-AKAA, USN
Docket No. ND03-00394

Applicant’s Request
The application for discharge review was received on 20030109. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests 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 20040812. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. 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 stated

 Applicant’s issues, as stated on the application:
“My discharge was inequitable because it was based on one isolated incident concerning my financial situation and my ex-wife. Since my discharge I have divorced C____ J___ and Remarried. I live in Las Vegas and my finances are well taken care of. I wanted to Enlist in the Coast Guard or even Navy Reserves but cannot due to my reenlistment code. Respectfully Request my discharge be changed and Reenlistment code be changed as well.”
Documentation
In addition to the service record, NO DISCHARGE PACKAGE AVAILABLE, 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)     920129 - 920803  COG
          Active: USN                        920804 – 951004  HON
Period of Service Under Review :
Date of Enlistment: 951005               Date of Discharge: 960715

 Length of Service (years, months, days):
         Active: 00 09 10
         Inactive: None
Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 54
Highest Rate: AKAN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: NMA*        Behavior: NMA             OTA: NMA

 Military Decorations: None
Unit/Campaign/Service Awards: MUC, NAVY”E”, GCM, NDSM, SASM(w2b*), SSDR, KLM

 Days of Unauthorized Absence: None
*No Marks made available for review
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

951005:  Reenlisted at SEACONRON 38 for 4 years.
960225:  Retention Warning from [SEACONRON 38]: Advised of deficiency (Violation of UCMJ, Article 90, Willfully Disobeying Superior Commissioned Officer, Article 123d, Making, Drawing or Uttering Check, Draft or Order without Sufficient Funds, Article 134, Debt Dishonoring, Failing to Pay), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

960225:  NJP for violation of UCMJ, Article 90: Willfully Disobeying Superior Commissioned Officer, Article 123d, Making, Drawing or Uttering Check, Draft or Order without Sufficient Funds, Article 134, Debt Dishonoring, Failing to Pay .
         Award: Extra duty for 45 days, Oral Admonition, Oral Reprimand, forfeiture of $490.00 pay per month for 2 months (suspended for 6 months), reduction to E-2 (suspended for 2 months). No indication of appeal in the record.
960411   CO’s NJP awarded [Extracted from Enlisted Performance Record].  

960715:  Applicant discharged General Under Honorable Conditions by reason of Misconduct due to a Pattern of Misconduct per MILPERSMAN 3630600 [Extracted from DD Form 214].
NO DISCHARGE PACKAGE AVAILABLE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960715 general (under honorable conditions) for misconduct due to a pattern of misconduct (A). In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (B) and, after a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (C and D).
Issue 1. The Applicant states his discharge was based on one isolated incident with no other infractions. 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. The Applicant’s service was marred by award of nonjudicial punishment (NJP) on two occasions for violations of articles 90, 123d, and 134 of the UCMJ. T he 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 is inappropriate. Relief denied.
Issues 2 & 3. Concerning a change in reenlistment code, 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. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

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 or any other evidence relating to his discharge 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 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      


Similar Decisions

  • NAVY | DRB | 2003_Navy | ND03-00826

    Original file (ND03-00826.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge review. PART I - APPLICANT’S ISSUES AND DOCUMENTATION

  • NAVY | DRB | 2003_Navy | ND03-00416

    Original file (ND03-00416.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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).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. ...

  • NAVY | DRB | 1999_Navy | ND99-00436

    Original file (ND99-00436.rtf) Auto-classification: Denied

    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): Active: None Inactive: USNR (DEP) 941102 - 941219 COG Period of Service Under Review :Date of Enlistment: 941220 Date of Discharge: 960729 Length of Service (years, months, days):Active: 01 07 10 Inactive: None CA action 960715: Sentence approved and ordered...

  • NAVY | DRB | 2003_Navy | ND03-00761

    Original file (ND03-00761.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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. 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.

  • NAVY | DRB | 2000_Navy | ND00-01007

    Original file (ND00-01007.rtf) Auto-classification: Denied

    No indication of appeal in the record.960315: Forfeiture of $404.00 for 1 month and RIR to E-3 suspended at CO's NJP of 960224 vacated due to continued misconduct.960316: USS NIMITZ notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by his violation of the UCMJ, Article 92 (2 Specifications), Failure to obey order and violation of general regulation; Article 123a Making...

  • NAVY | DRB | 2000_Navy | ND00-00978

    Original file (ND00-00978.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 010209. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600. The Board has no obligation to change the applicant’s discharge in order to “help further his potential.” No relief will be granted based on this issue.

  • NAVY | DRB | 2002_Navy | ND02-00281

    Original file (ND02-00281.rtf) Auto-classification: Denied

    ND02-00281 Applicant’s Request The application for discharge review, received 20020123, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, NO DISCHARGE PACKAGE AVAILABLE, the following additional documentation, submitted by the Applicant, was considered:Copies of DD Form 214 (2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 940121 -...

  • NAVY | DRB | 2001_Navy | ND01-01061

    Original file (ND01-01061.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 149 Character Reference Letter Reference Letter (2) Reference Letter from Pastor W. H____ Copy of Charge Sheets (3pgs) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: USN None Inactive: USNR (DEP) 950829 - 960512 COG Period of Service Under Review :Date of Enlistment: 960613 Date of Discharge:...

  • NAVY | DRB | 1999_Navy | ND99-00067

    Original file (ND99-00067.rtf) Auto-classification: Denied

    ND99-00067 Applicant’s Request The application for discharge review, received 981016, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to Medical disability The applicant requested a documentary record discharge review. he NDRB, under its responsibility to examine the propriety and equity of an applicant's discharge, will change the reason for discharge if such a change is warranted. The summary of service...

  • NAVY | DRB | 2003_Navy | ND03-00554

    Original file (ND03-00554.rtf) Auto-classification: Denied

    ND03-00554 Applicant’s Request The application for discharge review was received on 20030212. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Police record check from Morgan County Sheriff’s Department, dated January 9, 2003 Letter from Assistant Police Chief, undated PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 980514 - 980827 COG Active:...