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NAVY | DRB | 2003_Navy | ND03-01395
Original file (ND03-01395.rtf) Auto-classification: Denied


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

ex-MMFR, USN
Docket No. ND03-01395

Applicant’s Request
The application for discharge review was received on 20030821. 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 20040608. 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)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “by the time I got disharge I was refered to the DAPA (Drug and Alcohol preventation program) by DAPAE7 Chief to the program from drinking”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Member 1 and 4)
DD Form 149, dated February 11, 2003

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     001129 - 001211  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 001212               Date of Discharge: 021126

 Length of Service (years, months, days):

         Active: 01 11 15
         Inactive: None

 Age at Entry: 27                          Years Contracted: 4

 Education Level: 12                        AFQT: 34

 Highest Rate: MMFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA: 2 .86

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, AFEM, NUC

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

010404:  Retention Warning: Advised of deficiency (Poor military performance, to wit: larceny.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
         


010410:  NJP for violation of UCMJ, Article 121: Larceny, steal 1 jacket, property of Navy Exchange on 010325.
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 7 days. Restriction and extra duty suspended for 6 months. No indication of appeal in the record.
011101:  Retention Warning: Advised of deficiency (Counseled/trained in the following area: OGDENINST 5239.1 Information System Security Program. Specifically I was counseled/trained that: a. It is prohibited to produce and send, or forward an e-mail in mass quantities (i.e. spam), using government computers or systems. b. It is prohibited to view, store, access, distribute, or process pornographic material using government computers or systems. c. These activities slow down our services and increase the amount of the data that must be stored in our individual mailboxes or hard drives. d. Violations of these policies will result in a loss of e-mail access privileges, a page 13 entry, and nonjudicial punishment, or courts martial.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
         
011123:  Applicant completed rehabilitation treatment program for substance dependence at Substance Abuse Rehabilitation Department between 011113 and 011123. Should you fail to complete all aspects of your aftercare program or if you are involved in a subsequent substance related incident you may be considered for administrative separation

011219:  NJP for violation of UCMJ, Article 134: Drunk and disorderly conduct on 011118.
         Award: Restriction and extra duty for 30 days. No indication of appeal in the record.
020815:  NJP for violation of UCMJ, Article 113: Misbehavior of sentinel or lookout, violation of UCMJ, Article 134: Drunkenness for performance of duties through prior wrongful indulgence in intoxicating liquor.
         Award: Forfeiture of $619 per month for 2 months, extra duty for 60 days, reduction to MMFA. Forfeiture for 1 month suspended for 6 months. No indication of appeal in the record.
021119:  NJP for violation of UCMJ, Article 86: Absence from unit, violation of UCMJ, Article 134: Drunkenness.
         Award: Forfeiture of $552 per month for 2 months, restriction and extra duty for 45 days, reduction to MMFR. No indication of appeal in the record.
021126:  DD Form 214: Applicant discharged general (under honorable conditions) by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20021126 general (under honorable conditions) for misconduct due to commission of a serious offense (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 general (under honorable conditions) is warranted when the member’s conduct constitutes a significant departure from that expected of a Sailor. The Applicant’s service was marred by award of non-judicial punishment (NJP) on three occasions, and adverse counseling entries on other occasions. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. An upgrade to honorable would be inappropriate. It must be noted that most Sailors serve honorably and well and therefore earn honorable discharges. In fairness to those Sailors, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. 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. The Applicant can provide additional documentation to support any claims of post-service accomplishments or any other evidence relating 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), re-issued October 2002, effective 22 Aug 02 until Present, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

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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