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NAVY | DRB | 2004_Navy | ND04-00209
Original file (ND04-00209.rtf) Auto-classification: Denied


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


ex-AWAR, USNR
Docket No. ND04-00209

Applicant’s Request
The application for discharge review was received on 20031113. 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 20040728. 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)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated
Applicant marked the box "I HAVE LISTED ADDITIONAL ISSUES AS AN ATTACHMENT TO THIS APPLICATION." None were found.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Character reference letter from W_ F_ R_, dated September 28, 2003.
Character reference letter from K_ R_ H_, dated June 4, 1998.
 Character reference letter from F_ E_ P_, dated August 5, 2003.
 Character reference letter from Staff Chaplain, B_ A_ M_, dated May 29, 1998.

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: 960930               Date of Discharge: 980605

 Length of Service (years, months, days):
         Active: 00 11 10
          Inactive: 00 08 25

 Age at Entry: 19                          Years Contracted: 8
Education Level: 12                        AFQT: 63

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

 Performance: NMA*        Behavior: NMA             OTA: NMA
Military Decorations: None

 Unit/Campaign/Service Awards: None
Days of Unauthorized Absence: None

 *No marks found in Applicant’s service record.
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).
Chronological Listing of Significant Service Events :

970626:  Applicant to active duty.
980114:  NJP for violation of UCMJ, Article 92 (1 Spec): Possession of alcoholic beverages by persons underage of 21 is prohibited on 971107.
         Award: Forfeiture of $231.00 per month for 1 month, restriction and extra duty for 14 days.
980114:  Retention Warning: Advised of deficiency (Violation of Article 92), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

980403:  NJP for violation of UCMJ, Article 92: Failure to obey other lawful order on 980321, to wit: staying out past expiration of liberty hours; violation of UCMJ, Article 107 (2 specs): (1) False official statement on 980321, to wit: that he hasn’t been drinking, (2) False official statement on 980321, to wit: that he had one drink; violation of UCMJ, Article 134: Underage drinking on 980321.
Award: Forfeiture of $450.00 per month for 2 months, restriction and extra duty for 30 days.
980415:  Applicant notified of intended recommendation for discharge with a general (under honorable conditions) by reason of misconduct due to a pattern of misconduct as evidenced by nonjudicial punishment awarded on 980114 and 980403.
980415:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
980417:  Commanding Officer directed discharge with a general (under honorable conditions) by reason of misconduct due to a pattern of misconduct. Commanding Officer’s comments: During his 10 months in the Navy, AR H_ (Applicant) was awarded two nonjudicial punishments. He has proven himself to be a liability to the Navy and appears incapable of contributing productively to the naval service. He has failed to demonstrate a reasonable effort and to adapt to the naval environment. Per reference (a) MILPERSMAN Chapter 36, authorize separation of this member with a General (under honorable conditions) characterization of service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980605 with a general (under 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 the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. A General 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 two nonjudicial punishment proceedings for five violations of the UCMJ to include violations of Article 92, for failure to obey an order, Article 107, for a false official statement and Article 134 for underage drinking. 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 following is provided for the edification of the Applicant. Normally, to permit relief, a procedural error or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no such errors after a review of Applicant’s case. There is no law or regulation, which provides that an unfavorable discharge may be upgraded, based solely on the passage of time or good conduct in civilian life subsequent to leaving naval service. The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient documentation for the Board to consider. 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 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), Change 18, effective
12 Dec 1997 until 21 Aug 2002, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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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