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NAVY | DRB | 2003_Navy | ND03-01189
Original file (ND03-01189.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND03-01189

Applicant’s Request
The application for discharge review was received on 20030707. 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 review was conducted in Washington, D.C. on 20040514. 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. “To whom it may concern:

At the time of my discharge from the Navy I was very young and immature. I enlisted at the age of 17 and had a genuine desire to “do something for my country” and also see the world. I accomplished both in my 2 year enlistment and kept evaluation reports of 4.0 in everything except military bearing (behavior). I had never before been away from home and while not trying to ask for pity or make excuses for my actions, I am asking this board to have compassion and understanding.
Since my discharge I have went back to school for carpentry and electrical. I am currently an electrician living in San Antonio Texas with my wife (H_ M_ B_ (social security number deleted) and four children) My wife has 8 years active duty and has recently rejoined the Navy reserves.
I believe if given the chance I could join the reserves and do something good where as when I was younger my immaturity interfered with what would have been a promising Navy career. Please upgrade my discharge, would like to be an aviation ordnanceman again. If I cant join the reserves again, please upgrade anyway – I would like a brighter future. Sincerely, A_ D_ B_ (Applicant)”

 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)     890719 - 890725  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 890726               Date of Discharge: 910909

 Length of Service (years, months, days):

         Active: 02 01 14
         Inactive: None

 Age at Entry: 17 Parental Consent                Years Contracted: 4

 Education Level: 12                        AFQT: 37

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.53 (3)    Behavior: 2.53 (3)                OTA: 2.67

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, SASM with Bronze Star, NUC, BER

 Days of Unauthorized Absence: 29

 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 :

900423:  Applicant to unauthorized absence.

900424:  Applicant missed ship’s movement.

900508:  Applicant missed ship’s movement.

900521:  Applicant from unauthorized absence 1200, 900521.

900603:  Applicant to unauthorized absence 0700, 900603.

900604:  Applicant from unauthorized absence 0700, 900604 (1 day/surrendered).

900617:  Applicant to unauthorized absence 0700-1536, 900617.

 900621:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 900423 to 1200, 900521 (28 days/surrendered), violation of UCMJ, Article 87: Missing movement on 900424.
         Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 30 days, reduction to AR. Reduction suspended for 6 months. No indication of appeal in the record.
900621:  Retention Warning from USS THEODORE ROOSEVELT (CVN-71): Advised of deficiency (Your record of minor misconduct due to your unauthorized absence, should it continue, will create an adverse record of minor disciplinary infractions, or worse, form a pattern of misconduct which cannot be tolerated.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

901010:  Retention Warning from USS THEODORE ROOSEVELT (CVN-71): Advised of deficiency (My ID card was lost over pay day weekend on the 19 th of Sept 90 at military Circle Mall I noticed it was gone/lose on the 19 th of the same and have no idea to its whereabouts.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

901108:  NJP for violation of UCMJ, Article 108: Loss of government property on 900918, to wit: military ID card, violation of UCMJ, Article 134: Wrongfully and falsely alter his military ID card on 900918.
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 20 days. No indication of appeal in the record.
901108:  Retention Warning from USS THEODORE ROOSEVELT (CVN-71): Advised of deficiency (False pass offense and loss government property.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

901110:  Vacate suspended reduction awarded at CO’s NJP dated 900621 due to continued misconduct.

910801:  NJP for violation of UCMJ, Article 92: Failure to obey other lawful written order or general regulation, to wit: wrongfully possessing alcoholic beverages while under the age of 21 years on 900717, violation of UCMJ, Article 134: Wrongfully and falsely alter military ID on 910717.
         Award: Forfeiture of $377 per month for 2 months, restriction and extra duty for 45 days, reduction to AR. No indication of appeal in the record.
910807:  USS THEODORE ROOSEVELT (CVN-71) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
910807:  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.
910813:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct.

910820:  Drug and Alcohol Abuse Report: Alcohol abuse, 1 to 3 times per week, Command/supervisor 910717. DAPA and physician found Applicant not dependent and recommended separation. Commanding Officer recommended separation.

910904:  BUPERS 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 19910909 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. The Applicant contends that his problems in the Navy can be attributed to his being "young and immature". While he may feel that his youth was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief on this basis is denied.

When the service of a member of U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. An Under Other Than Honorable Conditions discharge 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 three nonjudicial punishment proceedings for violations of Articles 86, 87, 92, 108 and 134 of the Uniform Code of Military Justice, to include 29 days of unauthorized absence and missing ship’s movement. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

Concerning reenlistment, 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 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 15560C, effective 15 Aug 91 until
04 Mar 93), 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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