Search Decisions

Decision Text

NAVY | DRB | 2003_Navy | ND03-01304
Original file (ND03-01304.rtf) Auto-classification: Denied


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

ex-HTFA, USNR(TAR)
Docket No. ND03-01304

Applicant’s Request
The application for discharge review was received on 20030801. 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 review was conducted in Washington, D.C. on 20040526. 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

 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: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 890626               Date of Discharge: 911024

 Length of Service (years, months, days):

         Active: 02 03 28
         Inactive: None

 Age at Entry: 20                          Years Contracted: 8

 Education Level: 12                        AFQT: 53/54

 Highest Rate: HTFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.60 (2)    Behavior: 2.60 (2)                OTA: 3.10

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 49

 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 :

890626:  Applicant to active duty for 48 months under the TAR Enlistment Program.
900517:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence on 0515, 900424 to 0540, 900425 (1 day), (2) Unauthorized absence from 0500, 900503 to 1419, 900505 (2 days).
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 25 days. Forfeiture of $50 per month for 2 months suspended for 6 months. No indication of appeal in the record.
900626:  Vacate suspended forfeiture awarded at Commanding Officer’s NJP dated 900517.

910523:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from 0730, 910429 to 1400, 910514 (15 days), (2) Unauthorized absence from 0730, 910411 to 2059, 910418 (7 days).
Award: Restriction and extra duty for 45 days, remove HT designation. No indication of appeal in the record.
910523:  Retention Warning from USS BOULDER (LST-1190): Advised of deficiency (Repeated unauthorized absences.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

911003:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 910917 to 1600, 911001 (14 days/surrendered), violation of UCMJ, Article 87: Miss movement through neglect on 0700, 910923.
Award: Restriction and extra duty for 4500 days, reduction to FA. No indication of appeal in the record.
911007:  USS BOULDER (LST-1190) 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 as evidenced by your conviction at NJP of violation of Articles 86 (x 3), and 87 UCMJ.
911007:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
911009:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

911018:  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 19911024 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 introduced no decisional issues for consideration by the Board.

 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 nonjudicial proceedings for five violations of Article 86 of the UCMJ, to include 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.

The NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such change is warranted. There is no evidence of impropriety or inequity in the Applicant’s discharge. The Applicant’s misconduct is clearly documented. Therefore, relief is 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. 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      




Similar Decisions

  • NAVY | DRB | 2001_Navy | ND01-00251

    Original file (ND01-00251.rtf) Auto-classification: Denied

    No indication of appeal in the record.931123: [USS SPARTANBURG COUNTY (LST-1192)] notified applicant of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern of misconduct as evidenced by all punishments under the UCMJ in your current enlistment.931123: 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...

  • NAVY | DRB | 2003_Navy | ND03-00790

    Original file (ND03-00790.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Character/job reference, undated Twenty pages from Applicant’s service American Legion’s comments, dated April 13, 2004 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 900419 - 900918 COG Active: None Period of Service Under Review :Date of Enlistment: 900919 Date of...

  • NAVY | DRB | 2001_Navy | ND01-00833

    Original file (ND01-00833.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 Decision A documentary discharge review was conducted in Washington, D.C. on 011214. No indication of appeal in the record.930326: USS FAIRFAX COUNTY (LST 1193) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by repeated...

  • NAVY | DRB | 1999_Navy | ND99-00849

    Original file (ND99-00849.rtf) Auto-classification: Denied

    No indication of appeal in the record.930202: NJP for violation of UCMJ, Article 134: Drinking on restriction on 1Feb93. No indication of appeal in the record.930202: USS WICHITA (AOR-11) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by NJP's of 23Oc91, 13Nov91, 11Sep92, 28Dec92 and 2Feb93 and misconduct due to commission of a serious offense as evidenced by wrongful use...

  • NAVY | DRB | 2000_Navy | ND00-00862

    Original file (ND00-00862.rtf) Auto-classification: Denied

    No indication of appeal in the record.900202: Retention Warning from USS PENSACOLA: Advised of deficiency (being late for quarters approximately 1 hour & 55 minutes), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning900202: Unauthorized absence from 0730, 2 Feb 90. No indication of appeal in the record.900519: Retention Warning from USS PENSACOLA: Advised of deficiency (to be on time and at place of duty,...

  • NAVY | DRB | 2004_Navy | ND04-00858

    Original file (ND04-00858.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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) 900810 - 901114 COG Active: None Period of Service Under Review :Date of Enlistment: 901115 Date of Discharge: 920713 Length of Service (years, months, days):Active: 01 07 09 (Accounts for lost...

  • NAVY | DRB | 2003_Navy | ND03-01455

    Original file (ND03-01455.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 (Member 4) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 940610 - 940615 COG Active: None Period of Service Under Review :Date of...

  • NAVY | DRB | 2000_Navy | ND00-00055

    Original file (ND00-00055.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).In the applicant’s issue 1, the Board determined this issue is without merit. Unfortunately, the NDRB is under no obligation to upgrade a discharge because the ex-member was young, stupid and immature, at the time of his service, or because the member wants a discharge he can proudly display. The NDRB reviews the...

  • NAVY | DRB | 2003_Navy | ND03-01347

    Original file (ND03-01347.rtf) Auto-classification: Denied

    ND03-01347 Applicant’s Request The application for discharge review was received on 20030808. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The applicant’s representative submitted the following as issue 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 his application.

  • NAVY | DRB | 2001_Navy | ND01-00252

    Original file (ND01-00252.rtf) Auto-classification: Denied

    890705: Retention Warning from Naval Submarine School: Advised of deficiency (Abandoning watch or guard and failing to go to appointed place of duty at the prescribed time. Award: Forfeiture of $345 per month for 2 months, restriction and extra duty for 21 days, reduction to SR. No indication of appeal in the record.891215: Retention Warning from USS PEORIA (LST 1183): Advised of deficiency (Below average performance and non-conformity to naval rules and authority. 901120: Applicant from...