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NAVY | DRB | 2003_Navy | ND03-00518
Original file (ND03-00518.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND03-00518

Applicant’s Request
The application for discharge review was received on 20030211. 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 20040408. 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: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – 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:

“1. I wish my Discharge to be changed so I may Re-enlist in the Reserves. I was Dumb & young before, with the current situation I wish to do my part.”
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)     880622 - 880628  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 880629               Date of Discharge: 890421

 Length of Service (years, months, days):

         Active: 00 08 22
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 11                        AFQT: 51

 Highest Rate: FR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (1)    Behavior: 2.80 (1)                OTA: 2.80

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 31

 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 :

881109:  NJP for violation of UCMJ, Article 86: In that, on active duty at NAVSUBSCOL, GROTON, CT, did on or about 2100, 881013 without authority, absent himself from his place of duty at which time he was required to be, to wit: BLDG 430 (Duty Section), located at NAVSCOL GROTON, CT, and did remain so absent until on or about 2133, 881013 (a period of 33 minutes), violation of UCMJ, Article 92:(2 Specifications), Specification 1: In that, on active duty at NAVSUBSCOL, GROTON, CT, having knowledge of a lawful order issued by the CO, NAVSUBSCOL, GROTON, CT., to wit: NAVSUBSCOLINST 1600.7C dated 880504 (Military Watch Duties and Responsibilities), an order which it was his duty to obey, did at BLDG 440 located at NAVSUBASE NEW LONDON, GROTON, CT, on or about 2130, 881013 fail to obey the same by wrongfully entering the Enlisted Club while in a duty status; Specification 2: . In that, on active duty at NAVSUBSCOL, GROTON, CT, did at NAVSUBSCOL, GROTON, CT, on or about 881013, having knowledge of his duties, was derelict in the performance of those duties in that he willfully consumed alcoholic beverages while in a duty status.
         Award: Forfeiture of $300.00 pay per month for 2 months, restriction to NAVSUBSCOL for 7 days, extra duty for 7 days . No indication of appeal in the record.

881123:  Retention Warning from [Naval Submarine School, Groton, CT]: Advised of deficiency (Unauthorized absence, failed to obey restriction order to muster 5 times per day), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

881123:  NJP for violation of UCMJ, Article 86: In that, on active duty at NAVSUBSCOL, GROTON, CT, did on or about 2130, 881112 without authority, absent himself from his place of duty at which time he was required to be, to wit: BLDG 84, Quarter Deck (restricted muster), located at NAVSCOL GROTON, CT, and did remain so absent until on or about 1300, 881113 (a period of about 15 hours and 30 minutes); violation of UCMJ, Article 92: In that, on active duty at NAVSUBSCOL, GROTON, CT, having knowledge of a lawful order issued by the CO, NAVSUBSCOL, GROTON, CT., to wit: NAVSUBSCOL, GROTON, CT., Restriction Order, DTD 881108, an order which it was his duty to obey, did at NAVSUBSCOL, GROTON, CT., on or about 2130, 881112 and 0800, 881113, fail to obey the same by not reporting to BLDG 84, Quarter Deck, for Restricted Muster.
         Award: Correctional Custody for 30 days. No indication of appeal in the record.
890301:  UA from 0700-0830, 890301 (1 hour and 30 minutes).

 890307:  NJP for violation of UCMJ, Article 86: (2 Specifications), Specification 1: In that, on active duty at NAVSUBSCOL, GROTON, CT, did on or about 0700, 890118 without authority, absent himself from his organization, to wit: BLDG 159 (AWT) located at NAVSUBSCOL, GROTON, CT, and did remain so absent until on or about 1020, 890213 (a period of about 26 days, 3 hours and 20 minutes), Specification 2: In that, on active duty at NAVSUBSCOL, GROTON, CT, did on or about 0700, 890222 without authority, absent himself from his organization, to wit: BLDG 159 (AWT) located at NAVSUBSCOL, GROTON, CT, and did remain so absent until on or about 0700 890227 (a period of about 5 days).
Award: Forfeiture of $150.00 pay per month for 2 months, restriction to NAVSUBASE for 45 days, extra duty for 45 days. No indication of appeal in the record.
890307:  Naval Submarine School 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 or more punishment under the UCMJ within the current enlistment.
890307:  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.
890316:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

890410:  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 19890421 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 nonjudicial punishment (NJP) on three separate occasions thus substantiating the misconduct . Relief denied.

Issue 2: 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. 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 only during the processing of a formal application for enlistment through a recruiter.

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 documentation to support any claims of post-service accomplishments or any other evidence related 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 15560A, Change 6 effective 11 Jan 89 until 24 May 89), 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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