Search Decisions

Decision Text

NAVY | DRB | 2005_Navy | ND0500085
Original file (ND0500085.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND05-00085

Applicant’s Request
The application for discharge review was received on 20041015. 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. The Applicant requests a documentary record 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 20050118. 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 and narrative reason of the discharge shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 No issues were submitted by the Applicant.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
Unverified CAT-ASVAB test score report
Employment reference letter dated March 17, 2004
Employment reference letter dated March 16, 2004 and August 9, 2004
Employment reference letter dated March 18, 2004
Volunteer reference letter dated March 18, 2004
Massachusetts firefighter examination report
Applicant’s cover letter (3 copies)
Letter from Applicant
Letter from Applicant to Congresswoman H_ W_



PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     980220 - 990217  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 990218               Date of Discharge: 010706

 Length of Service (years, months, days):

         Active: 02 04 19
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 38

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.00 (1)             Behavior: 1.00 (1)                OTA: 1.67

 Military Decorations: None

 Unit/Campaign/Service Awards: AFEM, SSDR, NMCOSR

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

 Chronological Listing of Significant Service Events :

990822:  NJP for violation of UCMJ, Article 86 (2 specs): UA from place of duty;
violation of UCMJ, Article 92: Failed to comply with liberty expiration for E-3 and below.      
Award: Restriction and extra duty for 45 days, reduction to AR (suspended for 6 months). No indication of appeal in the record.
990825:  Retention Warning: Advised of deficiency (UA, failed to obey lawful order), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

000803:  NJP for violation of UCMJ, Article 92: Disobey a lawful order; violation of UCMJ, Article 134: Failure to pay debt.
         Award: Forfeiture of ½ pay per month for 2 months (suspended for 6 months), extra duty for 60 days, reduction to AA. No indication of appeal in the record.
000803:  Retention Warning: Advised of deficiency (failed to obey lawful order and failure to pay debt), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
010514:  NJP for violation of UCMJ, Article 91 (2 specs): Disobey a lawful order from a petty officer; violation of UCMJ, Article 92: Disobey a lawful order or regulation.
         Award: Forfeiture of $521.40 pay per month for 2 months, extra duty for 45 days, reduction to AR. No indication of appeal in the record.
010604:  Applicant notified of intended recommendation for discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct.
010604:  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.

010604:  Commanding Officer directed discharge under honorable conditions (general) 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 20010706 under honorable conditions (general) 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. 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. T he Applicant’s service was marred by award of nonjudicial punishment (NJP) on three occasions for disobedience of orders, unauthorized absences, disobedience to petty officers, and failure to pay debts. A pattern of misconduct is the narrative reason for separation that most clearly describes the circumstances surrounding the Applicant’s processing for administrative separation.
 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 an honorable characterization of service. An upgrade to honorable is inappropriate. Relief denied.

The NDRB has no authority to change reenlistment codes or make recommendations to permit reenlistment, reentry, or reinstatement into the Naval Service or any other branch of the Armed Forces. Neither a less than fully honorable discharge nor an unfavorable “RE” code is, in itself, a bar to reenlistment. A request for waiver is normally done only during the processing of a formal application for enlistment through a recruiter.

The Applicant’s discharge characterization accurately reflects his service to his country. Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question. No such inequity or impropriety occurred during the Applicant’s enlistment. Additionally, 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. However, 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 any 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. Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that may be provided to receive consideration for relief, based on post-service conduct. The Applicant’s evidence of post-service conduct was found not to mitigate his misconduct sufficient to warrant an upgrade to his discharge. Relief not warranted.

The Applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his 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

Similar Decisions

  • NAVY | DRB | 2005_Navy | ND0500284

    Original file (ND0500284.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. As of this time, the Applicant has not provided any post-service documentation for the Board to consider. 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

  • NAVY | DRB | 2004_Navy | ND04-01345

    Original file (ND04-01345.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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

  • NAVY | DRB | 2003_Navy | ND03-01043

    Original file (ND03-01043.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. I received an Other Than Honorable Discharge on August 26 I have been doing well since my discharge.

  • NAVY | DRB | 2005_Navy | ND0500525

    Original file (ND0500525.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION 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

  • NAVY | DRB | 2004_Navy | ND04-00700

    Original file (ND04-00700.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. 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) 011212 - 020107 COG Active: None Period of Service Under Review :Date of Enlistment: 020108 Date of...

  • NAVY | DRB | 2004_Navy | ND04-01039

    Original file (ND04-01039.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Age at Entry: 20 Years Contracted: 4 (12 months extension) Education Level: 12 AFQT: 53 Highest Rate: SM3 Final Enlisted Performance Evaluation Averages (number of marks): Performance: 2.00 (1) Behavior: 1.00 (1) OTA: 1.67 Military Decorations: None Unit/Campaign/Service Awards: NDSM, SSDR, NER Days of Unauthorized Absence: None...

  • NAVY | DRB | 2004_Navy | ND04-00272

    Original file (ND04-00272.rtf) Auto-classification: Denied

    ND04-00272 Applicant’s Request The application for discharge review was received on 20031205. The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). The Applicant requests a documentary record discharge review.

  • NAVY | DRB | 2003_Navy | ND03-00819

    Original file (ND03-00819.rtf) Auto-classification: Denied

    011106: Vacate suspended reduction due to violation additional article of UCMJ. At this time, the Applicant has not provided sufficient documentation for the Board to consider an upgrade.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 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...

  • NAVY | DRB | 2004_Navy | ND04-00644

    Original file (ND04-00644.rtf) Auto-classification: Denied

    ND04-00644 Applicant’s Request The application for discharge review was received on 20040312. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veteran’s benefits and this issue does not serve to provide foundation upon which the Board can grant relief.

  • NAVY | DRB | 2002_Navy | ND02-00934

    Original file (ND02-00934.rtf) Auto-classification: Denied

    Outstanding post-service conduct, 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 may be considered. At this time, the Applicant has not provided such documentation for the Board to consider an upgrade.The Applicantis reminded that he remains eligible for a personal appearance hearing, provided an application is received at the NDRB within 15 years from the date of his...