Search Decisions

Decision Text

NAVY | DRB | 2003_Navy | ND03-00624
Original file (ND03-00624.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND03-00624

Applicant’s Request
The application for discharge review was received on 20030225. 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 20040205. 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “I would like to rejoin the Navy. But in order to do so I have to get my discharge changed. For all the reasons I was discharged I was young and dumb. I realize now how good I could’ve had it. But I made some stupid decisions and they won’t happen again if or when I get back in the Navy.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Three pages from Applicant’s service

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     000530 - 000608  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 000609               Date of Discharge: 010410

 Length of Service (years, months, days):

         Active: 00 10 02
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 65

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 105**

* No Marks Found

**Some unauthorized absence dates were extracted from Block 29 on the
DD Form 214.

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

 Chronological Listing of Significant Service Events :

010301:  NJP for violation of UCMJ, Article 86:Absent without leave on 0001, 001013 to 2356, 001017 (4 days), violation of UCMJ, Article 92: Violate a lawful general regulation to wit: paragraph 5800.7 COMNAVBASENORVA/SOPA (ADMIN) HAMPINST 5400.1F, dated 011125 by wrongfully consuming alcoholic beverages while under the age of 21 on 010223, violation of UCMJ, Article 112A: Wrongfully use a controlled substance on 010202, violation of UCMJ, Article 121: Larceny of government property on 010205, to wit: steal four packs of cigarettes from the Navy Exchange.
         Award: Restriction and extra duty for 30 days. No indication of appeal in the record.
         
010314:  Commander, Navy Region, Mid-Atlantic, Norfolk, VA directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

Discharge package is incomplete.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20010410 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) for numerous offenses some of which include unauthorized absence, larceny, and illegal drug use. Additionally, 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. However, 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 15560C), Change 18, effective
12 Dec 1997 until 21 Aug 2002, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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 | 2000_Navy | ND00-00657

    Original file (ND00-00657.rtf) Auto-classification: Denied

    ND00-00657 Applicant’s Request The application for discharge review, received 000427, requested that the characterization of service on the discharge be changed to general/under honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 990211 under other than honorable conditions for misconduct due to a pattern of misconduct (A). However, the Board is authorized to consider post-service factors in the recharacterization...

  • NAVY | DRB | 2003_Navy | ND03-00254

    Original file (ND03-00254.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :001102: NJP for violation of UCMJ, Article 86: Unauthorized absence on 000918-001003 Award: Restriction and extra duty for 45 days, reduction to FR. At this time, the applicant has not provided any documentation for the Board to consider. 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...

  • NAVY | DRB | 2003_Navy | ND03-00971

    Original file (ND03-00971.rtf) Auto-classification: Denied

    ND03-00971 Applicant’s Request The application for discharge review was received on 20030513. The Applicant requests the characterization of service received at the time of discharge be changed to entry level separation or uncharacterized. “2 (Equity Issue) This former member further requests that the Board include provisions of SECNAVINST 5420.174C, enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of this application.”

  • NAVY | DRB | 2000_Navy | ND00-00281

    Original file (ND00-00281.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Chronological Listing of Significant Service Events :980910: NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 27Aug98 to 1230, 5Sep98 (9 days). 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

  • NAVY | DRB | 2002_Navy | ND02-00441

    Original file (ND02-00441.rtf) Auto-classification: Denied

    Sincerely Documentation In addition to the service record (medical record not available to the Board), 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) 990910 - 991005 COG Period of Service Under Review :Date of Enlistment: 991006 Date of Discharge: 000928 Length of Service (years, months, days):Active: 00 11 13 Inactive: None ...

  • NAVY | DRB | 2001_Navy | ND01-00832

    Original file (ND01-00832.rtf) Auto-classification: Denied

    The applicant requested a documentary record discharge review. 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): Active: None Inactive: USNR (DEP) 970324 - 970819 COG Period of Service Under Review :Date of Enlistment: 970820 Date of Discharge: 000929 Length of Service (years, months, days):Active:...

  • NAVY | DRB | 2002_Navy | ND02-00073

    Original file (ND02-00073.rtf) Auto-classification: Denied

    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).The NDRB notified the applicant in a letter dated 020220 that the discharge package was not available, and advised the applicant that his case would be held for thirty days to allow him to provide discharge documentation. The applicant did not provide the Board with discharge documentation or post service...

  • NAVY | DRB | 1999_Navy | ND99-00495

    Original file (ND99-00495.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).The NDRB did note an administrative error on the original DD Form 214. Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Copy of charge sheet dated 4 March 1998 Statement from applicant Letter from Department of Treasury to the applicant...

  • NAVY | DRB | 2000_Navy | ND00-00094

    Original file (ND00-00094.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS but the reason should be corrected to say PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).The NDRB noted an administrative error on the original DD Form 214. Applicant declared a deserter 98MAR13, having been an unauthorized absentee since 1130 98FEB10, from USS THEODORE ROOSEVELT (CVN 71).980616: Surrendered at Personnel Support Activity, MacDill AFB, Tampa, FL. The names, and votes of...

  • NAVY | DRB | 2004_Navy | ND04-00450

    Original file (ND04-00450.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, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. 020815: Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a...