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NAVY | DRB | 2004_Navy | ND04-00019
Original file (ND04-00019.rtf) Auto-classification: Denied


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

ex-DCFR, USN
Docket No. ND04-00019

Applicant’s Request
The application for discharge review was received on 20031003. 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 20040628. 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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

 1. “Dear Sirs,

My name is C_ L_ F_ (Applicant) and I am respectfully requesting a discharge upgrade. Although I only served 26 months, of a 48 month tour, I am very proud of the time I served. The training and disipline I recieved has helped me become the man I am today. Like everything else I had done before I joined the Navy. I started late. I was 23 years old when I joined the Navy and I thought I had no where else to go. During my short tour I learned that hard work and deditication can not only get you what you want but can carry you where you need to go. It also makes you feel good about yourself. I loved the Navy but at the time I couldn’t see that it was really for me. I was not really used to having so many different people around me and being away from my family for so long. After my med cruise in 92 I told my Master Chief, Master Chief R_ that I thought that maybe I had bitten off more than I could chew. Master Chief R_ told me that if I stayed out of trouble he would help me get an early out. The system wasn’t working fast enough for me so I took it upon myself to go U.A. During this time I came to Charlotte met the women who became my wife and mother of my children. My wife and I agreed that I would return to Norfolk and wait for my discharge . Upon returning I was placed on detention at Little Rock Amphibious Base. Later I was flown to Scotland at my own expense to meet my ship. I was on restriction and recieved half months pay times 2 months. After this I was allowed to return home. I am very happy to say that I am still with my wife today and deep down inside I know that I owe alot of my happiness to the U.S. Navy. And that is why I would like to have my discharge upgraded so that I may re-enlist in the reserves.”
Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD 214 (Service 2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     900713 - 900718  COG
                  USNR (DEP)      890721 – 891008  ELS
         Active: None

 Period of Service Under Review :
Date of Enlistment: 900719               Date of Discharge: 920922

 Length of Service (years, months, days):

         Active: 02 02 04
         Inactive: None

 Age at Entry: 23                          Years Contracted: 4

Education Level: 12                        AFQT: 64

 Highest Rate: DCFA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.80 (2)    Behavior: 2.20 (2)                OTA : 2.30

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, SASM, JMUA

 Days of Unauthorized Absence: 14

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

900712:  Applicant briefed on Navy's policy of drug and alcohol abuse.

 920504:  NJP for violation of UCMJ, Article 86: Failure to obey a lawful order .
         Award: Reduction to DCFA. No indication of appeal in the record.
920518:  Applicant went on Unauthorized absence at 0700, 920518.

 920520:  Retention Warning: Advised of deficiency (failed to obey lawful order), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
920602:  Applicant surrendered at 1530, 920602.

 920716:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 87: Missing movement, violation of UCMJ Article 91: Failure to obey a lawful order.
Award: Forfeiture of $392.85 per month for 2 months, restriction and extra duty for 45 days, reduction to DCFR. No indication of appeal in the record.

 920804:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and due to minor disciplinary infractions. Commanding Officer’s comments: Since reporting on board DCFR F_ (Applicant) performance has been unsatisfactory; during the last six months his disregard for authority has been a significant problem. Despite both formal and regulations as demonstrated by his failure to obey his superiors, two periods of unauthorized absence and missing ship’s movement. Since his return from his latest period of unauthorized absence, he has continued to refuse to obey orders given by senior Petty officers. Due to his continued disregard for authority he has no desire to become a productive sailor and has no potential for further service. I recommend that he be discharged with an other than honorable discharge.
920816:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and due to minor disciplinary infractions.
920716:  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 the documents used to support the basis for the separation.

920725:  BUPERS directed the Applicant's discharge under other than 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 19921122 under other than honorable conditions for misconduct due to commission of a serious offense (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

Issue 1. 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 violations of Articles 86, 87 and 91 of the UCMJ. 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 reentry into the naval service or any other of the Armed Forces. The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy or Marine Corps. Reenlistment policy of the naval service is promulgated by the Commander, Navy Recruiting Command, 5722 Integrity Drive, Bldg 784, Millington, TN 38054. Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment. A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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 – COMMISSION OF A SERIOUS OFFENSE.

B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 87, missing movement, if adjudged at a Special or General Court-Martial.

C. 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.

D. 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.

E. 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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