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NAVY | DRB | 2003_Navy | ND03-00658
Original file (ND03-00658.rtf) Auto-classification: Denied


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

ex-AZAN, USN
Docket No. ND03-00658

Applicant’s Request
The application for discharge review was received on 20030305. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record 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 20040624. 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:

1. “To the board, I request this action because I was discharged based upon hard ships I was facing due to becoming divorced. I served my country proudly and would gladly do it again if called upon. I would like to further my education at an FAA approved aviation school. I served my first four year enlistment with VAW-123 without incident and was honerably discharged during my first re-enlistment. I also served an additional three years at an aviation intermediate maintenance facility at NAS Oceana without incident. From there I was extended another three years to further my Naval career at a Helo squadron (hsl-42) in Jacksonville Fl. There the tolls of my divorce would lead to my administrative discharge from The US Navy. I have been discharged now for six/seven years and there isn’t a day that goes by that I dont miss the adventure. Due to my RE4 re-entry code I will never be able to become apart of the Naval Aviation Family again, but hopefully I will be allowed to continue my education and become apart of a different aviation family. Thank you for your time.”

 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)     880929 - 890713  COG
         Active: USN                        890714 - 930621  HON

 Period of Service Under Review :
Date of Enlistment: 930622               Date of Discharge: 970106

Length of Service (years, months, days):

         Active: 03 06 15
         Inactive: None

 Age at Entry: 21                          Years Contracted: 3 (36 months extension)

 Education Level: 12                        AFQT: 36/34

 Highest Rate: AZ3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.67 (3)    Behavior: 3.80 (3)                OTA: 3.73        4.0
 Performance: NMF*                 Behavior: NMF             OTA: 2.57        5.0

 Military Decorations: None

 Unit/Campaign/Service Awards: JMUA, NUC, MUC, BER, GCM, NDSM, SSDR (2), SASM (4), KLM, KLM (K), USCGSOSR, AWS(E)

 Days of Unauthorized Absence: 1

No marks found in service record

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

GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

930622:  Applicant reenlisted for 3 years.

 940413:  Civil Conviction: General District Court, Traffic Division, Virginia Beach, VA for violation of reckless driving on 940318 (82/55).
 Sentence: Fine $270.00, plus court costs of $26.00.
940930:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0645, 940901 to 0730, 940902 (1 day/surrendered).
         Award: Restriction and extra duty for 15 days, reduction to AZAN. Reduction suspended for 6 months. No indication of appeal in the record.
940930:  Retention Warning: Advised of deficiency. (You have committed violations of the UCMJ, specifically, unauthorized absence from 0645, 940901 to 0730, 940902, for which you were punished at CO’s nonjudicial punishment.) Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

960229:  Applicant’s enlistment extended for 36 months.

 961210:  NJP for violation of UCMJ, Article 134 (4 specs): Dishonorably failing to pay just debts between March 1996 to December 1996.
Award: Reduction to AZAN. No indication of appeal in the record.
961227:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by all UCMJ violations during your current enlistment.
961227:  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 submit a statement.
961227:  Commanding Officer recommended discharge general (under honorable conditions) by reason of misconduct due to a pattern of misconduct. Commanding Officer’s comments: AZAN H_ (Applicant) has been a constant administrative burden to his chain of command since his arrival at HSL-42. His inability to properly manage personal finances has resulted in over 100 hours of counseling which has had no impact on his ability to fix his financial shortfalls. He has also been counseled for other minor infractions such as short periods of unauthorized absences and lying. He is an individual that cannot be trusted. He has other personal problems that make him nondeployable in this high op-tempo fleet aviation squadron. AZAN H_ (Applicant) has proven beyond a doubt that he has no potential for further service. I recommend Airman H_ (Applicant) receive a General Discharge.

970115:  BUPERS directed the Applicant's discharge general (under 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 19970106 under honorable conditions (general) 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. 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, one civil conviction and an adverse counseling entry on another occasion. While he may feel that personal hardships were factors that contributed to his actions, the record clearly reflects his disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.
The Veterans Administration determines eligibility for post-service benefits, not the NDRB. There is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. However, the Applicant may be eligible for certain benefits due to his honorable first enlistment.

The Applicant’s discharge characterization accurately reflects his service to his country. The discharge was proper and equitable. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. Additionally, 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. Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his discharge. 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 14, effective 03 Oct 96 until 11 Dec 97), 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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