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NAVY | DRB | 2004_Navy | ND04-01248
Original file (ND04-01248.rtf) Auto-classification: Denied



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

ex-RMSR, USN
Docket No. ND04-01248

Applicant’s Request
The application for discharge review was received on 20040806. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a personal appearance discharge review before a traveling panel closest to Stuart, FL. The Applicant did not list any representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington, D.C. area. The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

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


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “After an incident on board the USS BLUE RIDGE, I was put in a medical facility in Singapore (The Fong Clinic). Before the incident I was listed as UA. I immediately reported to the ship as soon as possible and went to medical. About a week later I was admitted to the Fong Clinic in Singapore. Following the stay in the clinic I was heavily medicated. I was sent the Captain’s Mast and later notified that I was being processed for discharge. I did not agree with my being processed for this type of discharge and I did not want to leave the service. I wanted the incident reported to the local police and I don’t believe it was ever reported. I am enclosing a copy of my DD 214 and all medical documentation concerning my current service connected disability (PTSD) can be obtained from VA Medical Center, West Palm Beach, FL. ”

 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)     940512 - 940912  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 940913               Date of Discharge: 960308

 Length of Service (years, months, days):

         Active: 01 05 26
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 11 GED+                  AFQT: 90

 Highest Rate: RMSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 1.00 (1)                OTA: 1.34

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 1

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):
GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :
950804:  NJP for violation of UCMJ, Article 134: Incapacitation for duty due to wrongful prior overindulgence in intoxicating liquor on 950703, violation of UCMJ, Article 86: Unauthorized absence from unit 0815, 950803 to 0800, 950804.
         Award: Restriction and extra duty for 30 days, reduction to E-1. Reduction suspended for 6 months. No indication of appeal in the record.
950804:  Retention Warning from USS BLUE RIDGE: Advised of deficiency (Incapacitation for duty due to wrongful previous overindulgence in intoxicating liquor and unauthorized absence from unit), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

950821:  Vacate suspended reduction to E-1 awarded at CO’s NJP dated 950804. Applicant missed 3 restricted musters.

951006:  Applicant to unauthorized absence 0630, 951006.

951007:  Applicant from unauthorized absence 1540, 951007 (1 day/surrendered).

951117:  Applicant to unauthorized absence 0730-1410, 951117.

 951127:  NJP for violation of UCMJ, Article 86 (2 specs): Unauthorized absence from 0630, 951006 until 1540, 951007, (2) Unauthorized absence from 0730-1410, 951117.
         Award: Forfeiture of $427 per month for 1 month, restriction for 30 days, extra duty for 45 days. Forfeiture and restriction for 15 days suspended for 6 months. No indication of appeal in the record.
951208:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to minor disciplinary infractions as evidenced by all punishments under the UCMJ in your current enlistment.
951214:  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.

951220:  Applicant’s statement.

 951221:  Vacate suspended forfeiture and restriction awarded at CO’s NJP dated 951121 due to continued misconduct.
951222:  Commanding Officer forwarded review of administrative separation processing to Commander, Amphibious Group ONE recommending discharge with a general (under honorable conditions) by reason of misconduct due to minor disciplinary infractions.

960117:  Commander, Amphibious Group ONE reviewed administrative separation processing and found the requirements for administrative processing for separation by reason of misconduct due to minor disciplinary infractions have been met and characterization of service as general (under honorable conditions) is consistent with the guidelines contained in MILPERSMAN Chapter 36.

960220:  Commanding Officer directed discharge with a general (under honorable conditions) by reason of misconduct due to minor disciplinary infractions.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960308 with a general (under honorable conditions) for misconduct due to minor disciplinary infractions (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 health problems 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 134 and vacated suspended punishment on two separate occasions due to continued misconduct thus substantiating the narrative reason for discharge . The Applicant’s summary of service clearly reflects 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. An upgrade to honorable conditions would be inappropriate. 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. 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. The 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 .
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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