Search Decisions

Decision Text

NAVY | DRB | 2004_Navy | ND04-01307
Original file (ND04-01307.rtf) Auto-classification: Denied


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

ex-MSSA, USN
Docket No. ND04-01307

Applicant’s Request
The application for discharge review was received on 20040818. 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/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).
.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “I am writing in hopes that my discharge could (and should) be upgraded by now based on the fact that I’ve now been put of active duty six long years and I also feel as if I was discharged unjustly by the U.S. Navy due to the fact that at the time I was under heavy duress (mentally speaking). My mother had just passed away and my brother committed suicide before all this trauma transpired, I was a squared-away sailor who did his job to the best of his ability, who followed orders from his superiors and never deviated from his appointed place of duty. I know I can’t live up to the fact that I wasted a promising naval career due to the fact that I couldn’t control my temper and that it also go the best of me in the end. I’ve now found myself since I’ve been out of active duty that I can’t have strong relations with people, that since I’ve been out, I’ve grown suicidal and depressed (mostly because of thinking of all the ways I’ve constantly screwed up before and after), that I’ve been in and out of incarceration for the last three years of my life and I’m on a downward spiral. I sincerely express my gratitude for my previous actions.”

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)     951229 - 960225  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 960226               Date of Discharge: 980615

 Length of Service (years, months, days):

         Active: 02 03 20                  [Does not exclude lost time]
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 10                        AFQT: 33

 Highest Rate: MSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF*                 Behavior: NMF             OTA: NMF
[*NMF – No marks found in record]

 Military Decorations: None

 Unit/Campaign/Service Awards: N’E’R (2), SSDR

 Days of Unauthorized Absence: 5

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

971110:  NJP for violation of UCMJ, Article 128: Assault.
         Award: Restriction and extra duty for 45 days, reduction to E-2, forf $505 for 2 mos. No indication of appeal in the record.

971110:  R etention Warning: Advised of deficiency (Assault and Battery.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

980205:  Applicant to UA.

980206:  Applicant from UA.

980306:  NJP for violation of UCMJ, Article 86: UA 0045-0700 980218.
         Award: Restriction and extra duty for 10 days, reduction to E-1, susp 6 mos. No indication of appeal in the record.

980515:  NJP for violation of UCMJ, Article 86: UA from unit 11-13 April.
         Award: Restriction and extra duty for 30 days.
980518:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and by reason of misconduct due to a pattern of misconduct.
980518:  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.
980530:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and by reason of misconduct due to a pattern of misconduct.

980610:  Commander, Amphibious Group Two directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19980615 under other than honorable conditions for misconduct due to commission of a serious offense (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

Issue 1. When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. An Under Other Than Honorable Conditions discharge 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 three nonjudicial punishment proceedings for violations of Articles 86 and 128 of the UCMJ. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The Applicant contends that his problems in the Navy can be attributed to his "heavy duress." While he may feel that his personal problems were the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

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 the service. The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Verifiable proof of post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. At this time, the Applicant has not provided any documentation for the Board to consider an upgrade. 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. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 97 until 29 March 2000, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT- COMMISSION OF A SERIOUS OFFENSE.

B. In Appendix 12 of the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 128, assault, if adjudged at a Special or General Court Martial

C. 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.

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

E. 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 | 1999_Navy | ND99-00954

    Original file (ND99-00954.rtf) Auto-classification: Denied

    PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 980602 under other than honorable conditions for misconduct due to commission of a serious offense (A). The applicant’s first issue states “My undesirable discharge was inequitable because I came forth with the problem to seek help with the military and to try to stay in the military.” The NDRB found no evidence in the applicant’s service record to support this issue. You should read...

  • NAVY | DRB | 2004_Navy | ND04-00552

    Original file (ND04-00552.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. NJP for violation of UCMJ, Article 86: unauthorized absence; violation of UCMJ Article 87 (2 specs): missing movement; violation of UCMJ Article 92 (2 specs): disobey a lawful order.. Award: Forfeiture of $539 per month for 2 month(s), restriction and extra duty for 30 days, reduction to OSSA suspended for 6 mos. You may view DoD Directive...

  • NAVY | DRB | 2004_Navy | ND04-00645

    Original file (ND04-00645.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. [Discharged in absentia]Applicant’s discharge package missing from service record PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The Applicant was discharged on 20000613 under other than honorable conditions by reason of misconduct due to commission of a serious offense (A). The names, and votes of the members of the Board are recorded on the original...

  • NAVY | DRB | 2003_Navy | ND03-01035

    Original file (ND03-01035.rtf) Auto-classification: Denied

    ND03-01035 Applicant’s Request The application for discharge review was received on 20030528. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions or entry level separation or uncharacterized. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

  • NAVY | DRB | 2002_Navy | ND02-01225

    Original file (ND02-01225.rtf) Auto-classification: Denied

    ND02-01225 Applicant’s Request The application for discharge review, received 020828, requested that the characterization of service on the discharge be changed to honorable. Award: Restriction for 60 days, reduction to AR. 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.

  • NAVY | DRB | 2004_Navy | ND04-01225

    Original file (ND04-01225.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. T_ K_ (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) 010821 - 010926 COG Active: None Period of Service Under Review :Date of Enlistment:...

  • NAVY | DRB | 2005_Navy | ND0500401

    Original file (ND0500401.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant’s service was marred by award of a special court-martial for violations of UCMJ Articles 86 (Unauthorized absence), Article 87 (Missing ships movement), and Article 112a (Possession of 8 bottles of steroids). 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.

  • NAVY | DRB | 2000_Navy | ND00-00322

    Original file (ND00-00322.rtf) Auto-classification: Denied

    ND00-00322 Applicant’s Request The application for discharge review, received 000112, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was...

  • NAVY | DRB | 1999_Navy | ND99-01009

    Original file (ND99-01009.rtf) Auto-classification: Denied

    To Whom It May Concern, My name is (applicant), I was discharged from the Navy on a under other than honorable discharge. My reason for the way I performed was because I was going through alot of personal problems back at home and I wanted out to try and correct them also I felt that the division I was working for at my command wasn't right. The applicant remains eligible for a personal appearance hearing, to discuss his post-service accomplishments, provided an application is received by...

  • NAVY | DRB | 2003_Navy | ND03-01226

    Original file (ND03-01226.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).