Search Decisions

Decision Text

NAVY | DRB | 2003_Navy | ND03-01235
Original file (ND03-01235.rtf) Auto-classification: Denied


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

ex-FN, USN
Docket No. ND03-01235

Applicant’s Request
The application for discharge review was received on 20030715. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

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:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     940125 -940419   COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 949420               Date of Discharge: 960606

 Length of Service (years, months, days):

         Active: 02 01 17
         Inactive: None

 Age at Entry: 20                          Years Contracted: 3

Education Level: 12                        AFQT: 77

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.73 (3)    Behavior: 2.66 (3)                OTA: 3.06

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, SASM(wb*)

 Days of Unauthorized Absence: 8

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

950224:  Retention warning.

 950224:  NJP for violation of UCMJ, Article 86: (2 Specifications), Specification 1: UA from unit 0730, 950122 until 0055, 950123; Specification 2: UA from unit 2000, 950209 until 0700, 950210.
         Award: Forfeiture of $300.00, restriction and extra duty for 25 days, reduction to E-1 (suspended for 6 months). No indication of appeal in the record.

951115:  NJP for violation of UCMJ, Article 86 (3 specs): Specification 1: Failed to go to appointed place of duty on 950914; Specification 2: Failed to go to appointed place of duty on 951014; Specification 3: UA from appointed place of duty on 951109; violation of UCMJ, Article 91: Failed to obey lawful order from a MCPO on 950929; violation of UCMJ, Article 92: Dereliction of duty on 951110 for willfully failing to stand a proper load center rover watch.
         Award: No adjudication found in record.
960119:  To UA

960123:  From UA

960217:  To UA.

960221:  From UA

960321:  NJP for violation of UCMJ, Article 92: Fail to obey a lawful general regulation by wearing tongue stud, violation of UCMJ, Article 112a: Wrongful use of marijuana.
Award: No adjudication found in record.
960322:  USS ABRAHAM LINCOLN notified Applicant of intended recommendation for 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.
960322:  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.
960415:  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.

960423:  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 19960606 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).

The Applicant did not introduce any decisional issues for the Board’s consideration. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. A characterization of service of under other than honorable conditions is warranted when the service member’s conduct constitutes a significant departure from that expected of a Sailor. The Applicant’s service record is marred by award of nonjudicial punishment (NJP) on three separate occasions thus substantiating the misconduct . The Applicant’s summary of service clearly reflects the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service, and demonstrated she was unsuitable for further service. An upgrade to general (under honorable conditions) 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. E vidence of continuing educational pursuits, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct. At this time, the Applicant has not provided sufficient verifiable documentation of good character and conduct to mitigate her misconduct while on active duty.

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 her 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, Change 9, effective
22 Jul 94 until 02 Oct 96), 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      


Similar Decisions

  • NAVY | DRB | 2002_Navy | ND02-01099

    Original file (ND02-01099.rtf) Auto-classification: Denied

    Sentence: Confinement for 30 days, 2 months HLWOC, forfeiture of $500.00 pay per month for 2 months, reduction to E-2. 960322: Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.960326: Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by your Commanding officer's NJP on 950427, and your special...

  • NAVY | DRB | 1999_Navy | ND99-00644

    Original file (ND99-00644.rtf) Auto-classification: Denied

    It has been almost 4 years and I have had no response from the Review Board. CA 960202: Vacation of suspension ordered approved and executed.960305: CO, Naval Hospital, Twentynine Palms, CA notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.960305: Applicant advised of his rights and having elected not to with counsel certified under UCMJ Article 27B, elected to waive all rights except the...

  • NAVY | DRB | 2002_Navy | ND02-00879

    Original file (ND02-00879.rtf) Auto-classification: Denied

    The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. 960618: USS CONSTELLATION (CV-64) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by non-judicial punishment on 950810 for violation of Article 128 of the UCMJ, assault consummated by a battery, non-judicial punishment on...

  • NAVY | DRB | 1999_Navy | ND99-00808

    Original file (ND99-00808.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-HTFN, USNR Docket No. No indication of appeal in the record.951103: NJP for violation of UCMJ, Article 86: Absence from unit, organization, or place of duty, for a period of 7 days. 960322: BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

  • NAVY | DRB | 2004_Navy | ND04-00666

    Original file (ND04-00666.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 naval service. Relief denied.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.

  • NAVY | DRB | 2004_Navy | ND04-00240

    Original file (ND04-00240.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged in absentia 20021205 under other than honorable conditions for misconduct due to a pattern of misconduct (A). The Board does not automatically upgrade a discharge after six months.

  • NAVY | DRB | 2001_Navy | ND01-00622

    Original file (ND01-00622.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-BTFR, USN Docket No. Sincerely, Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Eight pages from applicant's service record PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 850427 - 850624 COG Period of Service Under Review :Date of...

  • NAVY | DRB | 2000_Navy | ND00-00089

    Original file (ND00-00089.rtf) Auto-classification: Denied

    Age at Entry: 21 Years Contracted: 4 (24 months extension) Education Level: 12 AFQT: 30 Highest Rate: FN Final Enlisted Performance Evaluation Averages (number of marks): Performance: 3.24 (5) Behavior: 3.20 (5) OTA: 3.20 Military Decorations: None Unit/Campaign/Service Awards: SSDR(2), CGSOR Days of Unauthorized Absence: 1 Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority:...

  • NAVY | DRB | 2000_Navy | ND00-01007

    Original file (ND00-01007.rtf) Auto-classification: Denied

    No indication of appeal in the record.960315: Forfeiture of $404.00 for 1 month and RIR to E-3 suspended at CO's NJP of 960224 vacated due to continued misconduct.960316: USS NIMITZ notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by his violation of the UCMJ, Article 92 (2 Specifications), Failure to obey order and violation of general regulation; Article 123a Making...

  • NAVY | DRB | 2003_Navy | ND03-00038

    Original file (ND03-00038.rtf) Auto-classification: Denied

    The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing. No indication of appeal in the record.Retention Warning from [USS SAMUEL GOMPERS (AD-37)]: Advised of deficiency (Violation UCMJ Article 86 (2 Specs) unauthorized absence, Article 134 Disorderly conduct, Awarded: Forfeiture $50 x 1. The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB,...