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NAVY | DRB | 2005_Navy | ND0500323
Original file (ND0500323.rtf) Auto-classification: Denied



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

ex-AR, USN
Docket No. ND05-00323

Applicant’s Request
The application for discharge review was received on 20041210. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requested a documentary record review. The Applicant did not list a 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: UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct - Pattern of Misconduct, authority: NAVMILPERSMAN, Article 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
Applicant’s resumé (2 pages)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     891013 - 900807  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 900808                        Date of Discharge: 930329

 Length of Service (years, months, days):

         Active: 02 07 21
         Inactive: None

 Age at Entry: 17 (Parental Consent)     Years Contracted: 4

 Education Level: 12                                 AFQT: 32

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (2)                      Behavior: 3.20 (2)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: NER, NDSM, SASM, SSDR

 Days of Unauthorized Absence: 34

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

900809:  You are being retained in the Naval service, despite your defective enlistment and induction due to fraudulent entry into the naval service as evidenced by your failure to disclose your pre-service civil involvement/drug abuse. Disorderly conduct, 4/90, Pittsburgh, PA. Dismissed. This decision is based on the information you provided the Recruit Quality Assurance Interviewer and if it is found that additional information has not been disclosed, this waiver is void and you could be subject to other judicial or administrative proceedings. However, any further deficiencies in performance or conduct may result in processing for administrative separation.

900815:  Retention Warning from Recruit Training Command, Naval Training Center, Great Lakes, IL: Advised of deficiency (Non-swim qualified), notified of corrective actions and assistance available, advised of consequences of further deficiencies.

 920506   Applicant to unauthorized absence 0600, 920506.

920515:  Applicant missed ship’s movement.

 920601:  Applicant from unauthorized absence 2347, 920601 (27 days/surrendered). EAOS changed to 940902.
920606   Applicant to unauthorized absence 0700, 920606.

 920608:  Applicant from unauthorized absence 0700, 920608 (2 days/surrendered). EAOS changed to 940904.
920721:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from 0600, 920506 to 0700, 920602, (2) Unauthorized absence 0700, 920606 to 0700, 920608, violation of UCMJ, Article 87: Missing movement on 920515.
         Award: Forfeiture of $350 per month for 2 months, restriction and extra duty for 40 days, reduction to E-1. No indication of appeal in the record.
920721:  Retention Warning from USS THEODORE ROOSEVELT (CVN 71): Advised of deficiency (Absence from unit), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
920923:  NJP for violation of UCMJ, Article 92: Failure to obey other lawful written order or general regulation, underage drinking at Norfolk, VA on 920831.
         Award: Correctional custody for 30 days. No indication of appeal in the record.
921116:  NJP for violation of UCMJ, Article 92: Underage drinking on 921025, violation of UCMJ, Article 134: Drunk and disorderly on 921025.
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 20 days. No indication of appeal in the record.
921123:  USS THEODORE ROOSEVELT (CVN 71) notified Applicant of consideration for an administrative separation by reason of misconduct due to a pattern of misconduct and by reason of misconduct due to commission of a serious offense. The least favorable description of service authorized in your case is a characterization of service as Other Than Honorable.
921123:  Applicant advised of rights, elected to appear before an Administrative Discharge Board.
930205:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense , that the misconduct warranted separation, and recommended discharge under honorable conditions (general).

930223:  Commanding Officer recommended discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct and commission of a serious offense.

930323:  BUPERS directed the Applicant's 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 19930329 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. The Applicant’s service was marred by award of three nonjudicial punishment (NJP) proceedings for violations of UCMJ Articles 86 (Unauthorized absences), Article 87 (Missing ship’s movement), Article 92 (Failure to obey other lawful written order or general regulation), and Article 134 (Drunk and disorderly). In addition the Applicant had numerous adverse counseling entries. 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. Relief denied.

 The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the Board, 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, effective 15 Aug 91 until
04 Mar 93), 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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