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NAVY | DRB | 2005_Navy | ND0500157
Original file (ND0500157.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND05-00157

Applicant’s Request
The application for discharge review was received on 20041108. 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 20050616. 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “I am asking for my discharge to be changed from other than honorable to honorable or general/under honorable conditions to allow me to start over and be able to serve in my local police or fire department. I have made several mistakes in my younger life an are hoping to be given the chance to change. I am 28 years old now with two beautiful children and a beautiful wife of 6 years. We own our own house and I have been with the same company for over 6 years now. When I joined the Navy fresh out of high school, I didn’t think really good about my future. I joined the Navy thinking it would make things in my life become better. The only metal I was able to receive was the National Defense Service Metal which allows me to remember my good friends who where there with me thru those tough times. I was young and in love and was missing my family more than I could imagine. This was causing me to do whatever it takes to get home. I would start fights, talk back to my superiors, etc just to get sent home. It took getting kicked out of the Navy to learn the values of life and how it effect everyone around you. I am a good person now and have been since 1995. Please allow my family to have a good life by granting my discharge change. Thank you for your time and god bless.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)
Letter from Applicant, dated August 14, 2000
Applicant’s birth certificate (2 pages)
Applicant’s high school diploma, dated August 1994
Certificate of completion, Tidewater Regional Fire Company, dated May 25, 2000
Certificate of completion, Firefighter Level I, dated May 11, 2000
Certificate of completion, Mayday! Firefighter Down, dated March 12, 2000
Certificate of completion, Hazardous Material Awareness, dated May 6, 2000
Certificate of completion, Hazardous Material Operations, dated May 20, 2000
Certificate of completion, Emergency Vehicle Operator Course, dated March 19, 2000
Certificate of completion, H.T.R. Rope Rescue Level I, dated February 20, 2000
Certificate of completion, H.T.R. Vehicle Rescue, dated April 2, 2000
Certificate of completion, Firefighter Level II, dated May 11, 2000
Certificate of completion, Virginia Mass Casualty Incident Management Course, Module I, dated March 20, 2000
Certificate of completion, Structural Collapse Awareness, dated April 10, 2000
Certificate of completion, Confined Space/Trench Collapse Awareness, dated April 17, 2000
Certificate of Commendation, participated in Virginia’s 1993 Residential Governor’s Schools
Certificate of Award, Naval boot camp, dated October 24, 1994
Certificate of completion, Seaman Apprentice Training, dated November 23, 1994
Certificate of marriage, dated April 19, 1999
Three ultrasound pictures
Acknowledgement of receipt from The Salvation Army, dated September 21, 1999

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 940413               Date of Discharge: 950703

 Length of Service (years, months, days):

         Active: 00 10 18 (Does not exclude lost time)
         Inactive: 00 04 02

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 35

 Highest Rate: SR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)             Behavior: 2.80 (1)                OTA: 3.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 24

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

950316:  Applicant to unauthorized absence 0500, 950316.

950324:  Applicant missed ship’s movement.

 950408:  Applicant from unauthorized absence 1600, 950408 (23 days/surrendered).
950426:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 950316 to 950408, violation of UCMJ, Article 87: Miss ship’s movement through neglect on 950324.
         Award: Forfeiture of $427 per month for 2 months, restriction for 34 days, and extra duty for 30 days. No indication of appeal in the record.
950426:  Retention Warning from USS NEW ORLEANS (LPH 11): Advised of deficiency (Unauthorized absence from 950316 to 950408, missing ship’s movement through neglect on 950324 which resulted in CO’s NJP.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

950523:  NJP for violation of UCMJ, Article 86 (3 specs): Failed to go to restricted men muster at 1100, 950511, (2) Failed to go to restricted men muster at 0615, 950516, (3) Failed to go to restricted men muster at 0615, 950522.
         Award: Confinement on bread and water for 3 days.
950615:  Applicant to unauthorized absence 0600, 950615.

950615:  Applicant missed ship’s movement.

950616:  Applicant from unauthorized absence 1325, 950616 (1 day/surrendered).

 950616:  NJP for violation of UCMJ, Article 86: Unauthorized absence from unit 950615 to 950616, violation of UCMJ, Article 87: Miss ship’s movement through design on 950615, violation of UCMJ, Article 112a: Wrongfully used marijuana on 950605.
         Award: Forfeiture of $427 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
950616:  USS NEW ORLEANS (LPH 11) notified Applicant of intended recommendation for discharge by reason of misconduct due to drug abuse as evidenced by the wrongful use of marijuana, misconduct due to a pattern of misconduct as evidenced by the three or more punishments under the UCMJ within the current enlistment, and misconduct due to commission of a serious offense as evidenced by missing ship’s movement. The Applicant was notified that the least favorable characterization of service possible is under other than honorable conditions.
950616:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27(b), elected to waive all rights.
950619:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse, misconduct due to a pattern of misconduct, and misconduct due to commission of a serious offense.

950620:  Drug Screening Questionnaire: Assessment: Alcohol and drug abuse, not alcohol or drug dependent.

950626:  BUPERS directed the Applicant's discharge under other than honorable conditions 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 19950703 under other than 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).

Issue 1. Normally, to permit relief, an impropriety or inequity must have existed during the period of enlistment in question. No such impropriety or inequity is evident during the Applicant’s enlistment. 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. T he Applicant’s service was marred by unauthorized absences, missed ship’s movements, and illegal drug use. This misconduct resulted in three separate nonjudicial punishment proceedings for violations of UCMJ Articles 86, 87, and 112a. 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.

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 Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that could be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities. The Board received and considered all of the Applicant’s submissions, including his emergency training certificates, his Navy training certificates, personal records, and contribution to the Salvation Army. After careful consideration, the Board concluded the Applicant’s post-service conduct has been insufficient to mitigate his misconduct while in the Naval service. 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 any additional 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 9, effective
22 Jul 94 until 02 Oct 96), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A 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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