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NAVY | DRB | 2004_Navy | ND04-00238
Original file (ND04-00238.rtf) Auto-classification: Denied


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

ex-MRFN, USN
Docket No. ND04-00238

Applicant’s Request
The application for discharge review was received on 20031120. 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 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: 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. “I S___ P. C___ am asking for this upgraded discharge because at the time of my discharge I was young and stupid their isn’t a day that goes by that I don’t think about my days in the Navy and the things I should have done better I have made some mistakes and I hate that I made them I am a lot older now and it would mean a lot if I could get my discharge changed so I could go in the reserves to make up for past times so please look into this for me thank you.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214
Copy of Court Memorandum
Copy of Temporary Additional Duty Order Letter dated January 3, 1991 (2 pages)
Letter from Applicant
Resume (3 pages)
Copy of Service Technician Certification dated December 19, 2003
Copy of Special Request Authorization
Copy of Examination Profile Information

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     891229 - 900212  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 900213               Date of Discharge: 930604

 Length of Service (years, months, days):

         Active: 03 03 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 52

 Highest Rate: MRFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.53 (3)    Behavior: 3.53 (3)                OTA: 3.66

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: None

 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 :

910425:  NJP for violation of UCMJ, Article 128: On or about 910425, unlawfully strike dependent wife in the face and about the body with his fist, and kick her about the body, violation of UCMJ, Article 92: On or about 910421, drink while under the legal drinking age of 21, which action was prohibited by Commanding Officer, Naval Station, Long Beach CA, INST 1620.3 dated 2 June 1977.
Award: Forfeiture of $422.00 pay per month for 2 months, reduction to E-2. All punishment suspended for 6 months No indication of appeal in the record.
910829:  NJP for violation of UCMJ, Article 112a: Wrongful use of cocaine.
Award: Vacation of sentence 910425. No indication of appeal in the record.
910904:  DAAR indicates cocaine abuse as a result of probable cause urinalysis, found not dependent by Medical Officer, recommended for retention by Commanding Officer with Level III treatment.

930205:  Retention Warning from USS PELELIU (LHA-5): Advised of deficiency (CO NJP on 910425 for violation of UCMJ, Article 92, 108, and previous PG-13 for violation of UCMJ, Article 112a), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930304:  P sychological Evaluation indicates that the Applicant’s suffers from a severe personality disorder of such magnitude that it significantly interferes with his ability to provide useful military service and is not routinely treatable in a military setting.

         AXIS I: Simple Phobia, (Claustrophobia), EPTE, DSM-III-R 300.29 Alcohol Abuse, Cocaine Abuse R/O Alcohol Dependence, Personality Disorder Not Otherwise Specified with passive-aggressive, antisocial, and narcissistic features, EPTE, DSM-III-R 301.90.
        
         AXIS II: None

930402:  NJP for violation of UCMJ, Article 121: Wrongful appropriation of a Driver’s License of some value on or about 930304, violation of UCMJ, Article 134: Drunk and disorderly on or about 930304.
         Award: Forfeiture of $100.00 pay per month for 1 month, restriction and extra duty for 15 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.

930406:  USS PELELIU (LHA-5) notified Applicant of intended recommendation for discharge type warranted by service record by reason of convenience of the government due to personality disorder, misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct as evidenced by service record.

930408:  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 two working days to respond to the Notice of the Administrative Board Procedures Proposed Action.
930419:  Commanding Officer recommended discharge under other than honorable conditions by reason of convenience of the government due to personality disorder, misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct as evidenced by service record.

930512:  BUPERS advised USS PELELIU that their Letter of Notification incorrectly informed Applicant that his least favorable characterization is type warranted by service record. Requested to serve applicant new Letter of Notification and Statement of Awareness which informs Applicant that least favorable characterization in Other Than Honorable.

 930518:  USS PELELIU (LHA-5) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of convenience of the government due to personality disorder, misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct.

930518:  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 two working days to respond to the Notice of the Administrative Board Procedures Proposed Action.

930525:  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 19930604 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 92, 112a, 121, 128, and 134. 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 a (general) under honorable characterization of service. Relief denied.

 The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy. 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 following is provided for the edification of the Applicant. 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. At this time, the Applicant has not provided sufficient documentation for the Board to consider. Therefore, no relief will be granted.

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, Change 5, effective 05 Mar 93 until 21 Jul 94), 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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