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Decision Text

NAVY | DRB | 2004_Navy | ND04-00987
Original file (ND04-00987.rtf) Auto-classification: Denied


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


ex-AA, USN
Docket No. ND04-00987

Applicant’s Request
The application for discharge review was received on 20040601. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20041222. 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 3630600.





PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

 1. “I W_ C. G_ Jr. ( Applicant ) respectfully request an upgrade of my discharge (Other than honorable) to (Honorable discharge). Over the past 10 years, I have had an opportunity to reflect on my life, and what is required to be a United States citizen who is respected by others and most important , respected by himself. During 1992, I graduated from High School and entered the U.S. Navy the same year. At this juncture in my life, I had no regards for discipline and did not know how important it was to live in an environment where rules and regulation had to be followed with proficiency and dedication. I was a young man that had very few responsibilities and had not set prescribed life goals and achievements. Since being discharged from the Navy, I have realized how important it is to be respected and honored by your peers. After becoming mature during my adulthood, I have learned the true meaning of honor and that without it; you have really accomplished nothing in your life.

Even more important to me, is the guidance my father has given me over the past ten years, that surrounded the importance of being a man of honor and respect. My father is a Vietnam Veteran who received the Purple Heart and Bronze Star after being wounded by friendly fire during a serious firefight. Because of the above reason, I have prepared this request in hopes that the Navy’s Review Board will give me an opportunity to continue the positive effort that I have made in my life and correct the mistakes that I made when I was a young nineteen year old entering the United States Navy.

Any consideration of my request would be appreciated and I hope that the members of the board will review this request and make the determination and conclusion that I truly understand the importance of (HONOR) .”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     920410 - 921102  ELS
         Active: None
Period of Service Under Review :
Date of Enlistment: 921103               Date of Discharge: 941028

 Length of Service (years, months, days):
         Active: 01 11 26
          Inactive: None
Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 34
Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.40 (2)    Behavior: 3.60 (2)                OTA: 3.60

 Military Decorations: None
Unit/Campaign/Service Awards: MUC, NDSM, SASM with Bronze Star, SSDR

 Days of Unauthorized Absence: None
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 :

940815:  NJP for violation of UCMJ, Article 86: Absent from organization on 0700-0730, 840801.
 Award: Restriction for 30 days. No indication of appeal in the record.
940815:  Retention Warning from Strike Fighter Squadron Eighty Seven : Advised of deficiency (Unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
940915:  NJP for violation of UCMJ, Article 92: Disobeying lawful order, to wit: violating restriction orders issued on 940818 by leaving the limits of NAS Fallon, NV and wearing civilian clothes on 940904.
         Award: Forfeiture of $484.95 per month for 2 months, restriction for 45 days, reduction to E-2. Forfeiture suspended for 6 months. No indication of appeal in the record.
940920:  NJP for violation of UCMJ, Article 92: Disobeying a lawful order, to wit: violating restriction orders issued on 940915 by leaving the limits of NAS Cecil Field, FL and wearing civilian clothes, on 1700, 940919.
Award: Restriction for 5 days. No indication of appeal in the record.
940921:  Strike Fighter Squadron Eighty Seven notified Applicant of intended recommendation for discharge with a least favorable characterization of
under other than honorable conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense as evidenced by all punishments under the UCMJ in your current enlistment.
940922:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ, Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
940923:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense.
941020:  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 19941028 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: Normally, to permit relief, a error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. Relief not warranted.

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 three occasions for violations of Articles 86 and 92 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 characterization of service. 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 has not provided evidence of post-service conduct to warrant an upgrade to his discharge. Therefore, relief is not warranted.
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 9, effective
22 Jul 94 until 02 Oct 96), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT.

B. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .
D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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 “ http://Boards.law.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:
                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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