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NAVY | DRB | 2005_Navy | ND0500300
Original file (ND0500300.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND05-00300

Applicant’s Request
The application for discharge review was received on 20041130. 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 review. The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050713. 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 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“ I am requesting an upgrade because I feel that I am doing very well. Since being out of the military I have a full time job, I took drinking classes, & I am married with a family.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant, undated, unsigned (2 pages)
Letter from Applicant, undated
List of Personal Information

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     010430 - 010523  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 010524               Date of Discharge: 030304

 Length of Service (years, months, days):

         Active: 01 09 11
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 32

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)             Behavior: 1.00 (1)                OTA: 1.83

 Military Decorations: None

 Unit/Campaign/Service Awards: National Defense Service Medal, Sea Service Deployment Ribbon, Armed Forces Expeditionary Medal

 Days of Unauthorized Absence: 60

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

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

 Chronological Listing of Significant Service Events :

010926:  Applicant to unauthorized absence this date.

011013:  Applicant surrendered from unauthorized absence this date (17days).

011224:  Applicant to unauthorized absence this date.

020110:  Applicant surrendered from unauthorized absence this date (17 days).

020201:  NJP for violation of UCMJ, Article 86: (3 Specs), Spec 1: Absent from unit from 010916 until on or about 010922 (6 days), Spec 2: Absent from unit from 010926 until on or about 011013 (17 days), Spec 3: Absent from appointed place of duty on or about 011110, Spec 4:, violation of UCMJ Article 91: Willfully disrespect toward a Warrant Officer, violation of UCMJ Article 111: Drunk and disorderly, additional violation of UCMJ Article 86: Absent from unit from 011224 until on or about 020110 (17days)
Award: Forfeiture of $546.00 pay per month for 2 months (suspended for 6 months), restriction and extra duty for 45 days. No indication of appeal in the record.
020206:  Applicant completed two weeks of outpatient alcohol rehabilitation treatment at SARD aboard USS ABRAHAM LINCOLN (CVN 72).

020210:  Retention Warning: Advised of deficiency (CO’s NJP of 020201 for VUCMJ, Article 86, unauthorized absence (3 specs); Article 91, disrespect in language; Article 134, drunk and disorderly.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

020414:  Applicant to unauthorized absence this date.

020414:  Applicant missed ship’s movement this date.

020504:  Applicant surrendered at Naval Station Everett, WA this date (20 days).

020510:  Transferred and onboard USS ABRAHAM LINCOLN (CVN-72) at sea.

020611:  Punishment of forfeiture of $546.00 pay per month for 2 months suspended at CO’s NJP of 020201 vacated due to continued misconduct.

020611:  NJP for violation of UCMJ, Article 86: Absent from unit from on or about 020414 until on or about 020504 (20 days), violation of UCMJ, Article 87: Missing ship’s movement on or about 020414.
         Award: Forfeiture of $577.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
030125:  NJP for violation of UCMJ, Article 92: Failure to obey a written general regulation on or about 030108; violation of UCMJ, Article 117: Provoking speeches or gestures on or about 030108; violation of UCMJ, Article 134: (2 specs), Spec 1: Drunk and disorderly conduct on or about 030108, Spec 2: Threat, communicating on or about 030108.
         Award: 3 days confinement on Bread & Water, forfeiture of $600.00 pay per month for 2 months. No indication of appeal in the record.
030125:  Applicant notified of intended recommendation for discharge by reason of misconduct due to a pattern of misconduct and misconduct commission of a serious offense. Applicant notified that the least favorable characterization of service possible is under other than honorable conditions.
030125:  Applicant advised of rights and having elected not to consult with qualified counsel, elected to waive all rights.

030127:  Commanding Officer, USS ABRAHAM LINCOLN (CVN 72), recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct commission of a serious offense.

030127:  COMCRUDESGRU THREE 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 20030304 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 totaling 60 days, missing ship’s movement, orders violations, disrespect, provoking speech and gestures, the communication of threats and drunk and disorderly conduct. This misconduct resulted in three separate nonjudicial punishment proceedings for violations of UCMJ Articles 86, 87, 91, 92, 117, and 134. The Applicant also received one Page 13 counseling/retention warning advising him of his deficiencies and notifying him of available corrective actions and assistance. 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 should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any documentation for the Board to consider. 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), 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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