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NAVY | DRB | 2004_Navy | ND04-01152
Original file (ND04-01152.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND04-01152

Applicant’s Request
The application for discharge review was received on 20040716. 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 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 1910-140 (formerly 3630600).




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “I AM REQUESTING THIS BOARD REVIEW OF MY RECORD/ DISCHARGE,BECAUSE OF MY DESIRE TO RETURN TO ACTIVE DUTY WITH NAVY. AS I HAVE GOTTEN OLDER, I HAVE REALLY MADE A LOT OF CHANGES IN MY LIFE. MY PROBLEMS IN THE NAVY STARTED WITH THE WEIGHT PROGRAM AND SINCE MY DISCHARGE I HAVE LEARNED HOW TO EAT RIGHT AND I HAVE EXCERCISED CONSTANTLY TO KEEP MY WEIGHT DOWN. I HAVE ALSO COME TO GRIPS ALSO WITH MY TEMPER AND LEARNING TO KEEP MY MOUTH SHUT AND DOING WHAT I WAS TOLD. I HAVE MISSED THE NAVY SINCE I WAS DISCHARGED AND WOULD REALLEYAPPRECIATE ANOTHER CHANCE TO SERVE MY COUNTRY,ESPECIALLY IN THESE TIMES.

TO THE BOARD MEMBERS ALL I ASK IS AN HONEST REVIEW OF MY RECORD WITH THE THOUGHT IN MIND THAT I AM OLDER AND A WHOLE LOT WISER AND THAT I JUST DON’T REALLY WANT JUST AN UPGRADE IN MY DISCHARGE. I WANT TO GO BACK HOME,MY NAVY HOME, WHICH IS WHERE I FEEL I BELONG. THANK YOU FOR YOUR TIME AND CONSIDERATION OF THIS MATTER.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
CMRS report

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     970828 - 971001  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 971002               Date of Discharge: 981117

 Length of Service (years, months, days):

         Active: 01 01 16
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 86

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 24

*No Marks Found

 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 :

980706:  Retention Warning: Advised of deficiency (Unauthorized absence from appointed place of duty on 980701 for a period of 45 minutes), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
980723:  NJP for violation of UCMJ, Article 86 (4 specs): (1) Failed to go to appointed place of duty on 980701, (2) Failed to go to appointed place of duty on 980707, (3) Failed to go to appointed place of duty on 980708, (4) Failed to go to appointed place of duty on 980711, violation of UCMJ, Article 92 (2 specs): (1) Failure to obey lawful written order on 980706 by failing to maintain his room to minimum daily living standards in the BEQ, (2) Failure to obey a lawful written order on 980711 by failing BEQ room inspection.
         Award: Forfeiture of $519 per month for 1 month, restriction and extra duty for 30 days. No indication of appeal in the record.
980921:  Applicant to unauthorized absence 1200, 980921.

 981015:  Applicant from unauthorized absence 1300, 981015 (24 days/surrendered).
981028:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Failed to go to appointed place of duty on diverse occasions (muster for PRT on 36 occasions), (2) Absent himself from organization on 980921 to 981015.
         Award: Forfeiture of $519 per month for 2 months, restriction and extra duty for 45 days, reduction to SA. No indication of appeal in the record.
981109:  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.
981109:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
981109:  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.

981110:  Chief of Naval Education and Training 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 19981117 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, an error or injustice must have existed during the period of enlistment in question. No such error or injustice occurred during the Applicant’s enlistment. While he may feel that his youth and immaturity were contributing factors, they do not mitigate the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service, demonstrating he was unsuitable for further service. His service record is marred by award of non-judicial punishment (NJP) on two separate occasions for violating the UCMJ, Articles 86 and 92 thus substantiating the misconduct . Relief denied.

Concerning a change in reenlistment code, the NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

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 documentation to support any claims of post-service accomplishments or any other evidence related 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 5420.174D 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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