Search Decisions

Decision Text

NAVY | DRB | 2004_Navy | ND04-01166
Original file (ND04-01166.rtf) Auto-classification: Denied


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


ex-MSSN, USN
Docket No. ND04-01166

Applicant’s Request
The application for discharge review was received on 20040715. 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: GENERAL (UNDER 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. “In order to receive my Montgomery GI Bill and to continue my education. I was very good sailor in our United States Navy I had just served in Operation Restore Hope Somalia “93” another cruise (WESTPAC) came up. My family was in Chicago I was going thru a divorce. I just really wanted out of military life I thought my GI Bill was good as I had paid for it. I was under the assumption I had Honorable Discharge. I am G_ R_ (Applicant) and was a good sailor.”

 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)     900820 - 910610  ELS
                   USNR (DEP)      910614 - 910904  COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 910905               Date of Discharge: 941221

 Length of Service (years, months, days):
         Active: 03 03 17
          Inactive: None

 Age at Entry: 19                          Years Contracted: 4
Education Level: 12                        AFQT: 49

 Highest Rate: MSSN
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.73(3)              Behavior: 3.60 (3)                OTA: 3.60
Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM with Bronze Star, SSDR, NER, AFEM
Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

940706:  Retention Warning from Helicopter Anti-Submarine Squadron 6: Advised of deficiency (Two indebtedness letters from creditors), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
         
941020:  Applicant’s financial status and current indebtedness statement.
941020:  Helicopter Anti-Submarine Squadron 6 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 as evidenced by a set pattern of failure to pay just debts.
941021:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights. Applicant did not object to separation.
941102:  Commanding Officer recommended discharge with a general (under honorable conditions) by reason of misconduct due to a pattern of misconduct.
941205:  BUPERS directed the Applicant's discharge with a general (under 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 19941221 with a general (under 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).
Normally, to permit relief, an 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.

Issue 1: The Board has no authority to upgrade a discharge for the sole purpose of enhancing educational opportunities. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.

The Applicant contends that his marital problems contributed to his disciplinary problems. The NDRB recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to ensure the hardships and sacrifices required in order to serve their country. It must be noted that most members of the Navy serve honorably and therefore earn their honorable discharges. In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. The NDRB found that the Applicant's service was equitably characterized. Relief denied.

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 numerous counseling sessions for failure to pay just debts totaling the sum of $1,792.91. The Applicant was issued a Retention Warning advising him of his indebtedness, notified of corrective actions, assistance available, and consequences of further deficiencies. The Applicant failed to adhere to the Retention Warning by continuing to receive letters of indebtedness. 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 upgrade in 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, 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

Similar Decisions

  • NAVY | DRB | 2005_Navy | ND0500740

    Original file (ND0500740.rtf) Auto-classification: Denied

    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 “financial hardship.” The Applicant requests a documentary record discharge review. The Applicant requested that the Board change the narrative reason for his separation to "Financial Hardship", stating that he requested separation due to such hardship and was supported in this request by his Master Chief at the time. As of this...

  • NAVY | DRB | 2005_Navy | ND0500366

    Original file (ND0500366.rtf) Auto-classification: Denied

    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 domestic hardship. 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. PART I - APPLICANT’S ISSUES AND DOCUMENTATION

  • NAVY | DRB | 2004_Navy | ND04-00987

    Original file (ND04-00987.rtf) Auto-classification: Denied

    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. 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 | DRB | 2000_Navy | ND00-00174

    Original file (ND00-00174.rtf) Auto-classification: Denied

    ND00-00174 Applicant’s Request The application for discharge review, received 991117, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. 950221: Vacate suspended forfeiture awarded at CO's NJP dated 29Nov94 due to continued misconduct.

  • NAVY | DRB | 1999_Navy | ND99-00012

    Original file (ND99-00012.rtf) Auto-classification: Denied

    No indication of appeal in the record.911216: NJP for violation of UCMJ, Article 121: Larceny or wrongful appropriation.Award: Oral reprimand, forfeiture of $200 per month for 1 month, restriction and extra duty for 45 days, reduction to MS3. By a vote of 2 to 1, the board recommended discharge under other than honorable conditions. Regardless of his past service, the serious nature of the UCMJ violations that MS3 (applicant's) has committed certainly merits characterization of his...

  • NAVY | DRB | 1999_Navy | ND99-01163

    Original file (ND99-01163.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION After careful consideration, I determined that it was necessary to discharge MSSR (applicant) from the Naval service with a characterization of General. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 970221 General (under Honorable conditions) for misconduct due to a Pattern of misconduct (A).

  • NAVY | DRB | 1999_Navy | ND99-00809

    Original file (ND99-00809.rtf) Auto-classification: Denied

    This is why I'm ask the board to review my discharge 960228: Fleet Surveillance Support Command, Chesapeake, VA notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of serious offenses and misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ in your current enlistment, and a set pattern of failure to pay just debts.960312: Civil Conviction: Norfolk General District...

  • NAVY | DRB | 2002_Navy | ND02-01026

    Original file (ND02-01026.rtf) Auto-classification: Denied

    ND02-01026 Applicant’s Request The application for discharge review, received 020711, requested that the characterization of service on the discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Industrial Maintenance Certificate, undated PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: None Active: None Period of Service Under...

  • NAVY | DRB | 2002_Navy | ND02-01082

    Original file (ND02-01082.rtf) Auto-classification: Denied

    In the acknowledgement letter to the Applicant, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing. I submitted an application to have my discharge upgraded from Other Than Honorable to Honorable. Therefore, I recommend that he be separated from the naval service with an other than honorable discharge,]960209: BUPERS directed the Applicant's discharge under other than honorable conditions by...

  • NAVY | DRB | 2005_Navy | ND0501545

    Original file (ND0501545.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Character Reference ltr from T_ T. C_ (Applicant), undated, not signedNational Personnel Records Check for Applicant, dtd November 4, 2005 Ltr form National Personnel Records Center, dtd February 13, 2006 Applicant’s DD Form 214 (Service 2) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: None Active:...