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NAVY | DRB | 2004_Navy | ND04-00029
Original file (ND04-00029.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND04-00029

Applicant’s Request
The application for discharge review was received on 20031001. 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 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 20040712. 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:

This statement is to be considered in the review of my discharge for a possible upgrade. My name is A_ G_ R_ ( Applicant ) (social security number deleted) , I served in the United States Navy from 1990-1992. My tour in the United States Navy was both brief and troubled; however, I did keep the values of honor, pride, and hard work. My decision to join the United States Navy was solely made as an attempt to prove something to my family. My stepfather served in the United States Army as a Master Electrician and my Grandfather served in the United States Navy. I was trying to make a point of showing them I could live up to there ideals. Not only did I fail to impress my family I signed on to be an Electrician which I really had no desire to be and once again set myself up for failure. Electrician school was difficult for me and then I made some poor decisions and my lack of education was the cause of me being labeled as an outsider in my section. Certain event that were handled by my chain of command caused me to be perceived as a troublemaker when really it was I needed some extra attention with some personal problems that were going on in my life.

Currently, I am 31 years old and reside with my wife and two sons in Denver, Colorado. I am a warehouse supervisor at Service Master and also have my own business where I am an events coordinator and entertainer. I work with troubled youths, because since I have made some poor decisions, I want to show these young men and women that a person can change. Some of the organizations I have worked with are the Boys and Girls Clubs of Denver and Denver Parks and Recreation. One of my current goals is to keep educating and assisting youths in order to detour them from crime and drugs.

At this point in my life I have realized the mistakes I have made were costly and I want an opportunity to prove I have become a productive citizen. I would like my discharge upgraded to General Under Honorable Conditions because at the time I was in the service I was not mature enough to make the kind of decisions I did. I was very immature with personnel problems that prevented me from making sound decisions. I was very troubled then but now I have changed and I am married with sons of my own and want to be able to share my military experience with them. I was proud to serve in the United States Navy, and my current discharge prevents me from achieving the things I need to have to take care of my family (i.e. federal or state employment). Thank you in advance for your assistance in this matter.





 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Copy of Travel Certificate (2 pages)
Copy of Enlisted Performance Evaluation Report
Copy of Navy Occupation/Training and Award History
Copy of Applicant’s Issues

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     900320 - 901229  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 901230               Date of Discharge: 921118

 Length of Service (years, months, days):

         Active: 01 11 16
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 27

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 3.00 (1)                OTA: 3.00

 Military Decorations: None

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

 Days of Unauthorized Absence: 75

 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 :

911230:  UA from USS ARKANSAS (CGN-41) at Alameda, CA 0720, 911230.

 920102:  Surrendered onboard USS ARKANSAS (CGN-41) at Alameda, CA 0720, 920102 (3days).

920102:  NJP for violation of UCMJ, Article 86: Absence without leave, violation of UCMJ, Article 107: False official statement.
         Award: Forfeiture of $100.00 pay per month for 2 months, restriction and extra duty for 30 days, reduction to E-1 (suspended for 6 months). No indication of appeal in the record.
920323:  UA from USS ARKANSAS (CGN-41).

920410:  Returned from UA (28 days).

920416:  Retention Warning from [USS ARKANSAS (CGN-41)]: Advised of deficiency (Absence without leave), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920416:  NJP for violation of UCMJ, Article 86: Absence without leave.
         Award: Forfeiture of $200.00 pay per month for 2 months, restriction to USS ARKANSAS (CGN-41) for 45 days, extra duty for 45 days, reduction to E-1. No indication of appeal in the record.

920704:  UA from USS ARKANSAS (CGN-41) 0720, 920704.

920824:  Report of Return of Deserter. Applicant surrendered to military authorities on 920818 (1500) at USS ARKANSAS (CGN-41). Returned to military control 920818 (1500). Retained onboard for disciplinary action.

920903:  NJP for violation of UCMJ, Article 86: Absence without leave, violation of UCMJ, Article 87: (3 Specifications), Missing ship’s movement.
Award: Forfeiture of $200.00 pay per month for 2 months, restriction to USS ARKANSAS (CGN-41) for 45 days, extra duty for 45 days. No indication of appeal in the record.
920910:  USS ARKANSAS (CGN-41) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of commission of a serious offense as evidenced by Commanding Officer’s NJP of 910106 and 920902, and by reason of misconduct due to a pattern of misconduct as evidenced by Commanding Officer’s NJP of 910106, 920416, and 920903.
920912:  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.
920917:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and by reason of misconduct due to pattern of misconduct.

921001:  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 19921118 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. A characterization of service of under other than 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 the award of nonjudicial punishment (NJP) on 3 occasions for violations of the Uniform Code of Military Justice (UCMJ) to include articles 86, 87, and 107. 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 or under honorable (general) characterization of service. The evidence of record and statements provided by the Applicant do not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. 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, 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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