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NAVY | DRB | 2004_Navy | ND04-00195
Original file (ND04-00195.rtf) Auto-classification: Denied


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


ex-YNSR, USN
Docket No. ND04-00195

Applicant’s Request
The application for discharge review was received on 20031117. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter the Applicant was informed that he was approaching the 15 year point for review by the Board and was encouraged to attend a personal appearance hearing in the Washington, DC area. Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040817. 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. “My ability to service was impaired by my youth and immaturity.”
2. “I received letters of commendations”
3. “I was so close to finishing my enlistment”
4. “My low aptitudes scores and level of education impaired my ability to serve.”
5. “There were other acts of merit”
6. “Under current standards, I would not receive the type of discharge I did.”
7. “My ability to serve was impaired by my lack of the language.”
8. “My use of alcohol impaired my ability to service.”
9. “Certain other problems impaired my ability to service”
10. “I tried to serve and wanted to, but just couldn’t or wasn’t able to.”
11. “My discharge was based on only minor offenses.”
12. “I faced racial discrimination because of my German background.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant (2 pages)
Letter of Commendation
 Copies from Service Record (7 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     860317 - 860504  COG
          Active: USN                        None
Period of Service Under Review :
Date of Enlistment: 860505               Date of Discharge: 900108

 Length of Service (years, months, days):
         Active: 03 08 04
          Inactive: None
Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 30

 Highest Rate: YNSN
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.85 (4)    Behavior: 2.92 (5)                OTA : 2.95
Military Decorations: None

 Unit/Campaign/Service Awards: SSDR(2), USCGSOSR

 Days of Unauthorized Absence: None
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 :

860821:  Retention Warning: Advised of deficiency (You have displayed a total disregard for authority and regulations by means of your involvement with military authorities through minor violations of the UCMJ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860821:  NJP for violation of UCMJ, Article 128: Simple assault; violation of UCMJ, Article 134 (2 Specifications): Drunk and disorderly, communicate a threat; violation of UCMJ, Article 108: (2 Specifications): Destruction of government property.
         Award: Forfeiture of $150.00 pay per month for 2 months, restriction and extra duty for 30 days. No indication of appeal in the record.
880411:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Restriction and extra duty for 5 days. No indication of appeal in the record.

 890113:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $150.00 pay per month for 2 months, extra duty for 5 days. No indication of appeal in the record.
890429:  Retention Warning: Advised of deficiency (Drunk and disorderly, failure to obey a lawful order, and wrongfully use provoking words), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
890429:  NJP for violation of UCMJ, Article 92: Disobeying a lawful order; violation of UCMJ, Article 117: Wrongfully use a provoking word; violation of UCMJ, Article 134: Drunk and disorderly.
         Award: Forfeiture of $400.00 pay per month for 2 months, restriction and extra duty for 14 days. No indication of appeal in the record.
890512:  Forfeiture of $400.00 pay per month for 2 months is to be suspended from 890429 until 890601 as per direction of the Commanding Officer.
890920:  NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty, to wit: Quarters.
         Award: Extra duty for 15 days. No indication of appeal in the record.    
891213:  NJP for violation of UCMJ, Article 86: Unauthorized absence; violation of UCMJ, Article 87: Missing ship’s movement.
         Award: Restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
891213:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense.
891213:  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.
891215:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and a pattern of misconduct.
891228:  CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
900108:  NJP for violation of UCMJ, Article 86: Unauthorized absence; violation of UCMJ, Article 121: Wrongful appropriation; violation of UCMJ, Article 134: Breaking restriction.
         Award: Forfeiture of $334.00 pay per month for 2 months, reduction to E-1. No indication of appeal in the record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19900108 under other than honorable conditions for misconduct due to the 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).
Issues 1-12. 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 award of nonjudicial punishment (NJP) on seven 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 or under honorable (general) characterization of service. The evidence of record does 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’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. Additionally, there is no law, or regulation, which provides that an unfavorable discharge may be upgraded based solely on the passage of time, to enhance employment opportunities, or for good conduct in civilian life, subsequent to leaving the service. Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge. Representation at a personal appearance hearing is recommended but not required.













Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 8, effective
21 Aug 89 until 14 Aug 91, Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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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