Search Decisions

Decision Text

NAVY | DRB | 2005_Navy | ND0500377
Original file (ND0500377.rtf) Auto-classification: Denied


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

ex-RMSA, USN
Docket No. ND05-00377

Applicant’s Request
The application for discharge review was received on 20041227. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record discharge 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 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 OTHER THAN HONORABLE CONDITIONS/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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     900928 - 910702  COG
         Active: USN                        None

 Period of Service Under Review :
Date of Enlistment: 910703               Date of Discharge: 940519

 Length of Service (years, months, days):

         Active: 02 10 17
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 43

 Highest Rate: RMSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.27 (3)             Behavior: 3.27 (3)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, BATTLE”E”, HSM

 Days of Unauthorized Absence: None

 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 :

921016:  NJP for violation of UCMJ, Article 128: Assault consummated by battery on or about 921011.
Award: Restriction and extra duty for 7 days. No indication of appeal in the record.

 921016:  Retention Warning from USS HOLLAND (AS-32): Advised of deficiency (Your nonjudicial punishment on 921016 for violation of Article 128, UCMJ, unlawfully striking FA H___ D. F___ for which you were awarded 7 days restriction and extra duty), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930421:  NJP for violation of UCMJ, Article 128 (2 Specifications), assault against SN L___ by pushing her, and assault by raising his fist at SN L___; violation of UCMJ, Article 134: Orally communicating indecent language on 930406.
         Award: Forfeiture of $450.00 pay per month for 1 month, restriction and extra duty for 30 days. No indication of appeal in the record.

930526:  NJP for violation of UCMJ, Article 86: Unauthorized absence from restricted personnel musters.
Award: Forfeiture of $476.00 pay per month for 1 month (suspended for 6 months). No indication of appeal in the record.
931209:  NJP for violation of UCMJ, Article 86: Fail to go at the time prescribed to his appointed place of duty, to wit: radio central on or about 931122.
         Award: Restriction and extra duty for 14 days. No indication of appeal in the record.
940421:  NJP for violation of UCMJ, Article 121 (2 Specifications), On or about 931204, steal a federal credit union ATM card from another service member on divers occasions between 931203 and 931214, steal $1,600 from another service member.
         Award: Oral reprimand, forfeiture of $470.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
940421:  USS HOLLAND (AS-32) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct as evidenced by your five nonjudicial punishments held on 931016, 930421, 930526, 931209 and 940421.
940421:  Applicant advised of rights and having elected to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
940427:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct.

940504:  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 19940519 under other than honorable conditions for misconduct due to a pattern of misconduct (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

The Applicant introduced no decisional issues for consideration by the Board.

 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. The Applicant’s service was marred by five nonjudicial punishment proceedings for violations of Articles 86, 121, 128 and 134 of the UCMJ. The Applicant’s violations of Articles 121 and 128 constitute serious offenses. 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 and falls far short of that required for an upgrade of his characterization of service. Relief is not warranted.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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, however, 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, and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any documentation for the Board to consider.

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 5, effective 05 Mar 93 until 21 Jul 94), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - A PATTERN OF MISCONDUCT.

B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 121, larceny of a value of more than $100.00 and Article 128, assault, if adjudged at a Special or General Court-Martial.

 C. 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.

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 E. 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 | ND0500561

    Original file (ND0500561.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). 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. 920115: USS PYRO (AE-24) notified Applicant of intended recommendation for discharge by reason of commission of a serious offense as...

  • NAVY | DRB | 2003_Navy | ND03-01510

    Original file (ND03-01510.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to general (under honorable conditions). “I’m writing this letter in regard to an upgrade in my discharge I received, my behavior in the military was not good but I was going through some thing, but I managed to stay clear of anything close to that behavior since getting out including no criminal record, and now I attend a good bible-based church to get my life all the way right, so...

  • NAVY | DRB | 2005_Navy | ND0501071

    Original file (ND0501071.rtf) Auto-classification: Denied

    ND05-01071 Applicant’s Request The application for discharge review was received on 20050614. The Applicant requests the Discharge 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:Applicant’s DD Form 214 (2) Appointment of Veterans Service Organization as Claimant’s Representative, dtd June 7,...

  • NAVY | DRB | 1999_Navy | ND99-00036

    Original file (ND99-00036.rtf) Auto-classification: Denied

    Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Active: None Inactive: USNR (DEP) 920602 - 920609 COG Period of Service Under Review :Date of Enlistment: 920610 Date of Discharge: 940204 Length of Service (years, months, days):Active: 01 07 25 Inactive: None The record is devoid of evidence that...

  • NAVY | DRB | 1999_Navy | ND99-01197

    Original file (ND99-01197.rtf) Auto-classification: Denied

    880414: NJP for violation of UCMJ, Article 128: Assault on another service member at or about 1600, 880322, violation of UCMJ Article 134: Drunk and disorderly at 1600, 880322.Award: Forfeiture of $336.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. 880428: CNMPC 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...

  • NAVY | DRB | 2003_Navy | ND03-01216

    Original file (ND03-01216.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. No indication of appeal in the record.960906: USS JOHN C STENNIS (CVN 74) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by all nonjudicial punishments within the current enlistment, misconduct due to a commission of a serious offense as evidenced by Commanding...

  • NAVY | DRB | 2003_Navy | ND03-01001

    Original file (ND03-01001.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Copy of DD Form 214 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 960124 - 960520 COG Active: USN None Period of Service Under Review :Date of Enlistment: 960521 Date of Discharge:...

  • NAVY | DRB | 2000_Navy | ND00-00227

    Original file (ND00-00227.rtf) Auto-classification: Denied

    (Equity Issue) As the documentary evidence of record supports, this former member opines that his post-service conduct has been sufficiently creditable to warrant the Board's clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3. Chronological Listing of Significant Service Events :880520: NJP for violation of UCMJ, Article 121: Steal three bottles of Vanderbilt perfume, of some value, the property of the U.S. Government on 9May88. PART IV -...

  • NAVY | DRB | 2003_Navy | ND03-01192

    Original file (ND03-01192.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Board received the Applicant’s supporting documents on 20040920 and reconvened the Board on 20040921. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if he desires further review of his case.

  • NAVY | DRB | 2004_Navy | ND04-00317

    Original file (ND04-00317.rtf) Auto-classification: Denied

    ND04-00317 Applicant’s Request The application for discharge review was received on 20031210. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing, also advised that the Naval Discharge Review Board (NDRB) does not travel, all hearing are held in the...