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NAVY | DRB | 2005_Navy | ND0500048
Original file (ND0500048.rtf) Auto-classification: Denied


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

ex-RMSN, USN
Docket No. ND05-00048

Applicant’s Request
The application for discharge review was received on 20041007. 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 20050214. 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 1910-140 (formerly 3630600).



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 The Applicant did not submit any issues.
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            930831 - 931004  To Rept Acdu
         Active: USNR              931005 - 960530  HON To Enlist USN

 Period of Service Under Review :
Date of Enlistment: 960531               Date of Discharge: 981124

 Length of Service (years, months, days):

         Active: 02 05 24
         Inactive: None

 Age at Entry: 25                          Years Contracted: 6

 Education Level: 12                        AFQT: 68

 Highest Rate: DP3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.25 (5)             Behavior: 2.20 (5)                OTA: 2.73

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM, NATO, NER, AFSM, 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 1910-140 (formerly 3630600).

 Chronological Listing of Significant Service Events :

970502:  Applicant’s Restricted Driver’s License Order and entry into alcohol safety action program given by the General District Court of Virginia Beach, VA.
970502:  Counseling: Advised of deficiency (Arrested for driving under the influence of alcohol on February 7, 1997, found guilty, and on-base driving and parking privileges suspended), notified of corrective actions and assistance available.

 970604:  NJP for violation of UCMJ, Article 86 (2 Specs): Unauthorized Absence
                  Specification 1: 970423
 Specification 2: 0650 97May05 to 0650 97May09; violation of UCMJ, Article 92 (1 Spec): Failure to obey order or regulation; violation of UCMJ, Article 91 (2 Specs): Insubordinate conduct toward Noncommissioned Officer.
Award: Forfeiture of $250.00 per month for 1 month, restriction and extra duty for 14 days, reduction to E-3. No indication of appeal in the record.
970605:  Retention Warning: Advised of deficiency (Violation of UCMJ, Article 91, Disrespect, Article 92, Disobeying a lawful order, and Article 86, Two Specifications), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
980204:  Retention Warning: Advised of deficiency (Failure to pay just debts and other financial irresponsibility including, but not limited to, over due account with NEXCARD), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

981029:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order (wrongfully used American Express Government Travel Card).
         Award: Extra duty for 45 days. No indication of appeal in the record.
981103:  Commanding Officer notified Applicant of intended recommendation for discharge by reason of misconduct due to a pattern of misconduct. Applicant notified that if discharge is approved, the least favorable characterization of service possible is general (under honorable conditions).

981104:  Applicant advised of rights and having elected not to consult counsel certified under UCMJ Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
981104:  Commanding Officer authorized separation with a characterization of general (under honorable conditions) by reason of misconduct due to a pattern of misconduct. Commanding Officer’s comments: “RMSN E_ was separated from the Navy for pattern of misconduct due to offenses and for violating two Page 13 warnings. I discharged him because his disciplinary problems significantly out weighed the positive aspects of his Navy service.”
PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19981124 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).

The Applicant introduced no decisional issues for consideration by the Board. Nonetheless, the Board reviewed the Applicant’s discharge for any evidence of improprieties or inequities. The Board discovered no such improprieties or inequities. 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 for behavior not sufficiently meritorious to warrant an honorable discharge. T he Applicant’s service was marred by two nonjudicial punishment proceedings for violations of Articles 86, unauthorized absence, 91, disrespect, and 92, disobeying a lawful order. 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. Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of his characterization of service. Relief is not warranted.

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 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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