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NAVY | DRB | 2004_Navy | ND04-00551
Original file (ND04-00551.rtf) Auto-classification: Denied


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


ex-GSM3, USN
Docket No. ND04-00551

Applicant’s Request
The application for discharge review was received on 20040220. 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 20041015. 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

 1. “I was discharged from the military because they listed it as a (Pattern of Misconduct). Being in hospitals, not being able to go to work. As the paper work shows I am unemployable due to my psychiatric condition, the same condition I had while I was in the military. I enjoyed my time in the military, but due to my condition it was cut short of retirement, and labeled as to me a misfit who could not handle his misconduct. I am hoping you will review the rating paperwork and come to the decision to upgrade my discharge to honorable. For I gave 110% to my service and my country until my psychiatric condition did not allow me to that anymore.”

Sincerely,

G_ E_ B_
(Social Security number deleted)
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Department of Veterans Affairs Rating Decision, dated May 3, 2002

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     880816 - 881101  COG
          Active: USN                        881102 - 910815  HON
                   USNR             910816 - 970412  HON
Period of Service Under Review :
Date of Enlistment: 970413               Date of Discharge: 990405

 Length of Service (years, months, days):
         Active: 01 11 23 (Doesn’t exclude lost time.)
          Inactive: None
Age at Entry: 19                          Years Contracted: 6

 Education Level: 12                        AFQT: 55
Highest Rate: GSM2

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 4.0 (3)     Behavior: 2.33 (3)                OTA: 3.33

 Military Decorations: GCM(2 nd ), ESWS, NDSR, NAM, SWASM
Unit/Campaign/Service Awards: BATTLE “E”, SSDR, AREM, AFSR,

 Days of Unauthorized Absence: 52
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

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

970413:  Reenlisted for 6 years on-board USS TICONDEROGA (CG 47).
971006:  Applicant on unauthorized absence from USS TICONDEROGA (CG 47), 0730, this date. Intentions unknown.
971008:  Applicant missed ship’s movement on 08OCT97. Member was counseled on ship’s schedule prior to his departure on leave. Member was aware of scheduled departure from Rodman, Panama on 08OCT97.
971107:  Applicant declared deserter having been an unauthorized absentee since 97OCT06, 0730 from USS TICONDEROGA (CG 47).
971117:  Applicant surrendered on board USS TICONDEROGA (CG 47) at 1215, 17NOV97.

 971204:  NJP for violation of UCMJ, Article 85: Desertion, violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 87: Missing movement.
         Award: Restriction and extra duty for 45 days, reduction to E-4 (Reduction suspended for 6 months). No indication of appeal in the record.

 971209:  Retention Warning: Advised of deficiency (You failed to notify the ship of your inability to return from leave on time, resulting in an unauthorized absence for a 2 month period. Your poor judgment resulted in undue command concern for your welfare and added burden for your shipmates), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

980121:  The suspended portion of punishment, RIR to GSM3 awarded at CO’s NJP on 97DEC04, is hereby vacated due to further misconduct.

980126:  Applicant to unauthorized absence from 0700, 21JAN98. Intentions unknown.
980127:  Member apprehended by Pascagoula Police on or about 2000, 26 JAN 98 at Kings Inn Pascagoula, MS.

 980820:  Medical Evaluation: Applicant diagnosed with Major depressive disorder and alcohol abuse.

990107:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Restriction for 30 days. No indication of appeal in the record.
990330:  Commanding Officer directed discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct.


PARTIAL DISCHARGE PACKAGE

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990405 under honorable conditions (general) for misconduct due to a pattern of misconduct (A). After a thorough review of the available records, supporting documents, facts, and circumstances unique to this, the Board found that the discharge was proper and equitable (B and C). The presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a complete discharge package (D).

Issue 1: A characterization of service of under honorable conditions (general) 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 award of nonjudicial punishment (NJP) on two occasions for violations of Articles 85, 86, and 87. Additionally, the suspended portion of punishment, RIR to GSM3 awarded at CO’s NJP on 97DEC04, was vacated due to further misconduct. 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 characterization of service. The evidence of record does not demonstrate that the Applicant was not responsible for his actions. An upgrade to honorable is inappropriate. Relief denied.
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. The Applicant’s evidence of post-service conduct was found not to mitigate his misconduct sufficient to warrant an upgrade to his discharge.

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 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 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.
C. 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.

 D. 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.

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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