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NAVY | DRB | 2003_Navy | ND03-00621
Original file (ND03-00621.rtf) Auto-classification: Denied


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

ex-ADAN, USN
Docket No. ND03-00621

Applicant’s Request
The application for discharge review was received on 20030227. 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040205. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discovered that the Applicant was properly processed for discharge under the provisions of NAVMILPERSMAN, Article 1910-142 (misconduct – commission of a serious offense), yet the Applicant’s DD Form 214 reflects an incorrect reason for discharge (completion of required active service). In view of this correction, NDRB discovered no inequity in the characterization of the Applicant’s service. The Board’s vote was unanimous that the character of the discharge will not change but the reason for discharge shall be administratively corrected to reflect the proper reason for the discharge. The discharge will remain: GENERAL (UNDER HONORABLE CONDITIONS)/ MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

 .

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 No issues were submitted by the Applicant.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     951209 - 960819  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 960820               Date of Discharge: 010219

 Length of Service (years, months, days):

         Active: 04 06 00
         Inactive: None

 Age at Entry: 17 with parental consent

 Years Contracted: 4 (6 months extension)

 Education Level: 12                        AFQT: 51

 Highest Rate: AD3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF*            OTA: NMF*

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR(2), AFEM (2), NUC, GCM

 Days of Unauthorized Absence: None

*No Marks Found
 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

000802:  NJP for violation of UCMJ, Article 86: Absence without leave; violation of UCMJ Article 92: Failure to obey a lawful order or regulation; violation of UCMJ Article 128: Assault consummate by battery; violation of UCMJ, Article 134: Disorderly conduct.
         Award: Forfeiture of $642 pay per month for 2 months (1 month suspended for 6 months), restriction and extra duty for 30 days, reduction to E-3 (suspended for 6 months). No indication of appeal in the record.
000820:  Extended for 6 months.

 010203:  NJP for violation of UCMJ, Article 92: Failure to obey an order or regulation (22NOV00); violation of UCMJ Article 109: Damage to property other than military property of the United States (22NOV00); violation of UCMJ, Article 128: Assault (22NOV00); violation of UCMJ, Article 134: Reckless endangerment (22NOV00); violation of UCMJ, Article 134: Disorderly conduct (22NOV00).
         Award: Forfeiture of $692 pay per month for 1 month, restriction for 30 days, reduction to E-3. No indication of appeal in the record.
010216:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible as General (Under Honorable Conditions) by reason of pattern of misconduct and misconduct due to the commission of a serious offense.
010216:  Applicant advised of his 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.
010219:  Applicant discharged with a General (Under Honorable Conditions). Applicant’s DD Form 214 reflects reason for discharge as “Completion of Required Active Service.
010226:  Commanding Officer, Fighter Squadron 11 advised the Commander, Navy Personnel Command, of Applicant’s discharge with a General (Under Honorable Conditions) by reason of misconduct due to a pattern of misconduct and commission of a serious offense. Commanding Officer’s comments (verbatim): [Despite various counseling sessions and NJP, ADAN M_ (Applicant) continues to commit misconduct as noted above. ADAN M_ (Applicant) is unwilling to adhere to the rules and regulations of this command and the U.S. Navy. He has consistently demonstrated a reluctance to conduct himself in a manner conducive to good order and discipline. In view of his documented off-duty misbehavior, I strongly recommend that ADAN M_ (Applicant) be separated from the Naval Service under General conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense.
         ADAN M_ was expeditiously discharged with a General Discharge (under Honorable Conditions) on 19 February 2001.]

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010219 with a General (Under Honorable Conditions). The DD Form 214 incorrectly reflects reason for discharge as (completion of required active service) instead of for misconduct due to commission of a serious offense (A). 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 (B and C), and a correction of the DD Form 214 will be made by the Commander, Naval Personnel Command, Millington, TN.

 The Applicant did not introduce any decisional issues for the Board’s consideration. A characterization of service of general (under honorable conditions) is warranted when the member’s conduct constitutes a departure from that expected of a Sailor. The Applicant’s service was marred by award of nonjudicial punishment (NJP) on two separate ocassions. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflect 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.

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, an alcohol-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 15560C), Change 31, dated 20 Feb 01, effective 25 Jan 01 until 21 Aug 02, Article 1910-142 [formerly 3630605]. SEPARATION 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 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

C. 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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