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NAVY | DRB | 2004_Navy | ND04-00700
Original file (ND04-00700.rtf) Auto-classification: Denied


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


ex-MSSR, USN
Docket No. ND04-00700

Applicant’s Request
The application for discharge review was received on 20040325. 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 20041022. 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).






PART I - APPLICANT’S ISSUES AND DOCUMENTATION


Issues, as stated

 No issues were submitted by the Applicant.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     011212 - 020107  COG
          Active: None
Period of Service Under Review :
Date of Enlistment: 020108               Date of Discharge: 021213

 Length of Service (years, months, days):
         Active: 00 11 06 Does not exclude lost time
         Inactive: None
Age at Entry: 17 (Parental Consent)      Years Contracted: 4 (12 months extension)

 Education Level: 10                        AFQT: 31
Highest Rate: MSSA

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 1.00 (1)    Behavior: 1.00 (1)                OTA: 1.00

 Military Decorations: None
Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 48
Character, Narrative Reason, and Authority of Discharge (at time of issuance):

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

020827:  Applicant to unauthorized absence 0500, 020827.
020827:  Applicant missed ship’s movement.
020903:  Applicant from unauthorized absence 0500, 020903 (7 days/surrendered).
020910:  Applicant to unauthorized absence 1330, 020910.
020918:  Applicant missed ship’s movement.

 021021:  Applicant from unauthorized absence 0420, 021021 (41 days/surrendered).
021023:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence for 7 days, (2) Unauthorized absence 41 days, violation of UCMJ, Article 87 (6 specs): (1) Through design, (2-6) Through neglect, violation of UCMJ, Article 91 (3 specs): (1-3) Disrespect to CWO2 and MSCM.
         Award: Forfeiture of $500 per month for 2 months, restriction and extra duty for 30 days, reduction to E-1. Forfeiture for ½ month and reduction suspended for 6 months. No indication of appeal in the record.
021023:  Retention Warning: Advised of deficiency (Unauthorized absence 7 days and 41 days, missing ship’s movement (6 specifications), and disrespect to a CWO2 and MSCM, resulting in Commanding Officer’s nonjudicial punishment on 021023), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

021113:  Vacate suspended forfeiture of $250.00 awarded at CO’s NJP dated 021023 due to continued misconduct .
                  
021113:  NJP for violation of UCMJ, Article 86: Failed to go to appointed place of duty, violation of UCMJ, Article 91 (4 specs): Fail to obey lawful order from a Petty Officer, violation of UCMJ, Article 92: Fail to obey lawful written order (2 specs), fail to obey other lawful order, violation of UCMJ, Article 134: Breaking restriction.
Award: Forfeiture of $536 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
021114:  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 commission of a serious offense.
021114:  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 and to submit a statement.
021202:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense.
021210:  COMPHIBGRU THREE 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 20021213 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).
The Applicant introduced no decisional issues for consideration by the Board.

 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 two occasions for violations of Articles 86, 87, 91, 92 and 134 of the UCMJ. In addition, the Applicant’s suspended forfeiture of $250.00, awarded at CO’s NJP, dated 021023, was vacated due to continued 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. 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), re-issued October 2002, effective 22 Aug 2002 until Present, 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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