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NAVY | DRB | 2005_Navy | ND0500001
Original file (ND0500001.rtf) Auto-classification: Denied


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

ex-HA, USN
Docket No. ND05-00001

Applicant’s Request
The application for discharge review was received on 20040930. 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 20050331. After a thorough review of the available 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 1910-140 (formerly 3630600).


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

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

1. “Discharge should be upgraded due to the stress caused by overseas unaccompanied orders while I was married with a newborn child.

enclosed are the documentation of this.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
10 pages from Applicant’s medical record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     010525 - 010626  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 010627               Date of Discharge: 040116

 Length of Service (years, months, days):

         Active: 02 06 20
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: Unreadable

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (3)             Behavior: 2.00 (3)                OTA: 2.78

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 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 1910-140 (formerly 3630600).

 Chronological Listing of Significant Service Events :

030109:  NJP for violation of UCMJ, Article 86: Unauthorized absence from place of duty.
Award: Correctional custody for 30 days.
030109:  Retention Warning: Advised of deficiency (violation of Article 86, unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

031211:  Medical Diagnosis:
         AXIS I: 309.0 [Adjustment Disorder with depressed mood]
         AXIS II: Deferred (R/o 301.83)

031216:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 91: Insubordinate conduct toward warrant officer, noncommissioned officer or petty officer.
Award: Forfeiture of $678 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record. Applicant’s EAOS changed to 050626.

 031222:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service possible is General (Under Honorable Conditions) by reason of misconduct due to a pattern of misconduct.

031222:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

031222:  Commanding Officer, U.S. Naval Hospital, Yokosuka, Japan, directed the Applicant's general (under honorable conditions) discharge 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 20040116 with a general (under honorable conditions) characterization by reason of 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. 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. A general 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 two nonjudicial punishment proceedings. On 20030109, the Applicant was subject to NJP. Again on 20031216, the Applicant’s violations of Articles 86 and 92 of the UCMJ were the subject of nonjudicial punishment proceedings. 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 his discharge should be upgraded due to the stress he suffered as a result of being overseas on unaccompanied orders. While he may feel that his family separation was the underlying cause of his misconduct, the record reflects his willful misconduct and demonstrated he was unfit for further service. Neither the evidence of record nor the documents or statement submitted by the Applicant show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. 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), re-issued October 2002, effective 22 Aug 2002 until Present, 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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