Search Decisions

Decision Text

NAVY | DRB | 2004_Navy | ND04-00500
Original file (ND04-00500.rtf) Auto-classification: Denied


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


ex-FR, USN
Docket No. ND04-00500

Applicant’s Request
The application for discharge review was received on 20040204. The Applicant requests the reason for the discharge be changed. The Applicant requests a documentary record discharge review. The Applicant did not list any representative on the DD Form 293. Subsequent to the application, the Applicant obtained representation by the Veterans of Foreign Wars.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040921. 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 and narrative reason shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/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. “My name is B_ J_, I was young not ready for the service at that time. Now I’m 29 years of age, and have a family I wish to go in to the Marine Reserved and serve my country. The only thing I did was go awol, which is inexcusable. I understand that this will reviewed in front of peers please. Please give me another chance to make this wrong, right with my future, some things I realize I can change. Hopefully with your help this will be one of those thing. Thank you.”
Additional issues submitted by Applicant’s counsel/representative (VETERANS OF FOREIGN WARS):

2. “Applicant indicated above requested that Veterans of Foreign Wars act as counsel concerning his application. His records were reviewed on July 14, 2004 and the following comments are hereby submitted.
We ask for a careful and considerate review on this application. We refer this case to the Board for their careful and compassionate consideration.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     911028 - 920908  COG
          Active: USN                        None
Period of Service Under Review :
Date of Enlistment: 920909               Date of Discharge: 940705

 Length of Service (years, months, days):
         Active: 01 09 27
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 39
Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 2.80 (1)    Behavior: 2.80 (1)                OTA: 2.80

 Military Decorations: None
Unit/Campaign/Service Awards: MUC, BATTLE”E”, NDSM

 Days of Unauthorized Absence: 78
Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

930827:  NJP for violation of UCMJ, Article 86: Absence from unit, organization or place of duty, violation of UCMJ, Article 92: Failure to obey a lawful order or regulation.
         Award: Restriction and extra duty for 15 days, reduction in rate (suspended for 6 months). No indication of appeal in the record.
9312xx:  Retention Warning from [USS SANTA BARBARA (AE-28)]: Advised of deficiency (Violation of UCMJ, Article 86 (Unauthorized absence 2 counts) and UCMJ, Article, 87 (Missing movement), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

931218:  Punishment of reduction in rate to E-2 suspended at CO’s NJP of 930816 vacated due to continued misconduct.

 931218:  NJP for violation of UCMJ, Article 86: Unauthorized absence (2 Specifications), Specification 1: 931105-931108 (3 days), Specification 2: 931112-931126 (14 days), violation of UCMJ, Article 87: Missing movement.
         Award: Forfeiture of $200.00 pay per month for 1 month, restriction and extra duty for 30 days. No indication of appeal in the record.
940122:  Surrendered onboard COMDESRON FOUR Charleston, SC 0825, 940122. Transferred to TPU Charleston, SC and placed in restriction in lieu of arrest status pending transportation arrangement by NAVPTO Charleston, SC for return to parent command under technical arrest orders.
940220:  Retention Warning from [USS SANTA BARBARA (AE-28)]: Advised of deficiency (Unauthorized absence (2 counts), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

940308:  NJP for violation of UCMJ, Article 86: Unauthorized absence (2 Specifications), Specification 1: 931220-940122 (33 days), Specification 2: 940206-940215 (9 days), violation of UCMJ, Article 87: Missing movement, violation of UCMJ, Article 134: Breaking restriction.
         Award: Forfeiture of $416.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record
        
940323:  USS SANTA BARBARA (AE-28) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ in your current enlistment.
940323:  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.
940406:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

940510:  NJP for violation of UCMJ, Article 86: Did on or about 0730, 940324, without authority, absent himself from his place of duty at which he was required to be, to wit: USS SANTA BARBARA (AE-28), located at Naval Weapons Station, Charleston, SC, and did remain so until on or about 0845, 940412 (19 days), violation of UCMJ, Article 87: Did on or about 940407, through design miss the movement of USS SANTA BARBARA (AE-28) which he was required in the course of duty to move.
         Award: Restriction and extra duty for 45 days. No indication of appeal in the record.

 940630:  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 19940705 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. 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.

Issue 2. 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 four occasions for violations of Articles 86, 87, 92, and 134 of the UCMJ. 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. Relief denied.

 The summary of service clearly documents that misconduct, pattern of misconduct, was the reason the applicant was discharged. No other Narrative Reason for Separation more clearly describes why the applicant was discharged. To change the Narrative Reason for Separation would be inappropriate. 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. 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      

Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-01239

    Original file (ND99-01239.rtf) Auto-classification: Denied

    830820: Retention Warning: Advised of deficiency (Unauthorized absence from NTC, Great Lakes, IL commencing on/or about 0545, 820913 and termination on/or about 0830, 820922 and Unauthorized absence from USS CHARLESTON (LKA-113), located at Norfolk, VA commencing on/or about 830307 and termination on/or about 830423), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. After a thorough review of the records,...

  • NAVY | DRB | 2000_Navy | ND00-00364

    Original file (ND00-00364.rtf) Auto-classification: Denied

    Although many mistakes were made during my enlistment from 1988-1991, I feel that overall my time served in the U.S. Navy is deserving of an honorable discharge.In 1989 I attended and completed search and rescue surface swimmer training in San Diego, California. 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).In the applicant’s issue 1, the Board determined this...

  • NAVY | DRB | 2001_Navy | ND01-01010

    Original file (ND01-01010.rtf) Auto-classification: Denied

    I am asking the Review Board with all due respect to review my discharge for a possible upgrade. Respectfully C_ L. H_ (Applicant) Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Trident Technical College ltr (Part-Time Students' Dean's List) of Feb 27, 2001Letter of Employment, Coburg Diary, dtd Mar 5, 2001 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of...

  • NAVY | DRB | 1999_Navy | ND99-01160

    Original file (ND99-01160.rtf) Auto-classification: Denied

    [See Navy records for my 1 st discharge, which is Honorable.]2. No indication of appeal in the record.840707: Vacated suspended reduction to BMSR awarded at CO's NJP 6MAR84 due to continued misconduct.840707: NJP for violation of UCMJ, Article 86: Unauthorized absence 29JUN84 to 30Jun84 (1 day). 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).In the applicant’s...

  • NAVY | DRB | 2001_Navy | ND01-00011

    Original file (ND01-00011.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION It doesn't get you nowhere.” The NDRB found this issue non decisional. Regret and remorse alone are no basis upon which the Board can grant relief.

  • NAVY | DRB | 2004_Navy | ND04-00316

    Original file (ND04-00316.rtf) Auto-classification: Denied

    ND04-00316 Applicant’s Request The application for discharge review was received on 20031210. The Applicant requests the characterization of service received at the time of discharge be changed to honorable and the reason for the discharge be changed to convenience of the government reenlistment code to RE1. After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that his discharge was appropriate and that his evidence of...

  • NAVY | DRB | 2003_Navy | ND03-00107

    Original file (ND03-00107.rtf) Auto-classification: Denied

    ND03-00107 Applicant’s Request The application for discharge review, received 20021023, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The fact that his unauthorized absence was less than 180 days does not provide a basis under which the Board may grant relief. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a...

  • NAVY | DRB | 1999_Navy | ND99-01140

    Original file (ND99-01140.rtf) Auto-classification: Denied

    Missed sailing of this vessel from Charleston, SC, 96FEB15960216: Report of Declaration of Desertion issued: Declared deserter 15FEB96 having been an unauthorized absentee since 0720, 15FEB96 from USS FRANK CABLE. Transferred to SUBREFIT site Guam on 96APR06 for further transfer to USS FRANK CABLE (AS-40).960429: Punishment of reduction in rate, 25 days restriction/extra duty and forfeiture of $465.00 for 2 months suspended at CO's NJP on 95OCT31 vacated this date due to continued...

  • NAVY | DRB | 2003_Navy | ND03-00144

    Original file (ND03-00144.rtf) Auto-classification: Denied

    ]891103: Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. At this time, the applicant has not provided any documentation for the Board to consider. 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...

  • NAVY | DRB | 2000_Navy | ND00-00442

    Original file (ND00-00442.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-DCFR, USN Docket No. Applicant surrendered to military authorities on 1113, 900705 onboard USS FAIRFAX COUNTY at Little Creek, VA. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 910329 under other than honorable conditions for misconduct due to commission of a serious offense (A).