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NAVY | DRB | 2005_Navy | ND0500391
Original file (ND0500391.rtf) Auto-classification: Denied


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

ex-FN, USNR
Docket No. ND05-00391

Applicant’s Request
The application for discharge review was received on 20050104. 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 20050412. 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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

1. “Due to the length of time and because of the severity in which they discharged me upgraded to honorable./under current standards I would not have been discharged A92.18/A93.02/A.93.08/A93.10/A94.02/94.06/A94.10.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
BCNR Correction Form, dated September 13, 2004

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: 900928               Date of Discharge: 930505

 Length of Service (years, months, days):

         Active: 02 07 08
         Inactive: None

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 30

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.10 (2)             Behavior: 3.10 (2)                OTA: 3. 10

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR(2), SASM(2), MUC

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS(GENERAL)/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

900928:  Ordered to active duty for 36 months under the Active Mariner program.
Not Dated:       Retention Warning: Advised of deficiency (Failure to maintain sufficient funds in your checking account and your inability to be responsible in your fiscal dealings), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

        
910621:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 92: Failure to obey a lawful order or instruction.
         Award: Correctional Custody for 30 days. No indication of appeal in the record.

910626:  Retention Warning: Advised of deficiency (CO’s NJP for violation of the UCMJ, Article 86, Unauthorized absence and Article 92, Disobeying a lawful order; habitual unauthorized absence; unreliability; untrustworthiness), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920520:  NJP for violation of UCMJ, Article 92: Dereliction of Duty.
         Award: Extra duty and restriction for 30 days. No indication of appeal in the record.

920520:  Retention Warning: Advised of deficiency (Two previous NJP’s), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920525:  Retention Warning: Advised of deficiency (Misconduct as evidenced by: 920509 Late for watch; 920510 Disrespect to a Petty Officer, failure to take hourly reading during U/I watch on time (45 minutes late); 920511 Late for watch (18 minutes); 920515 Late for watch (43 minutes); 920516 Disrespect to a Chief Petty Officer), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930209:  Applicant referred by USS PUGET SOUND for psychiatric evaluation due to .357 gun and ammo found in locker.
930305:  Psychological Evaluation: Diagnosis: Anti-social Personality Disorder. Recommended expeditious administrative separation.
        
930331:  Applicant notified of intended recommendation for discharge with a least favorable characterization of under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by your service record and on the basis of personality disorder.
930331:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ, Article 27(b), elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
930331:  Commanding Officer recommended discharge under honorable conditions (general) by reason of misconduct due to the commission of a serious offense and on the basis of a personality disorder. Commanding Officer’s comments: I have determined that subject named member meets all criteria for administrative separation processing. Having reviewed this case thoroughly, I am convinced that the diagnosed personality disorder was a major factor to FN B_’s inability to conform to Navy behavioral standards. I am also convinced that the misconduct reported herein does not warrant an other than honorable discharge.

930428:  CNMPC directed the Applicant's discharge with a general (under honorable conditions) by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19930505 under honorable conditions (general) for misconduct due to the commission of a serious offense (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: The Applicant stated that under current standards he would not have received the same type of discharge. An under honorable conditions (general) 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 four retention warnings, two nonjudicial punishment proceedings for violations of the UCMJ, Articles 86 (authorized absence) and 92 (dereliction of duty). 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 to “honorable”. The Board voted unanimously that the discharge characterization should not change. Relief denied.

In addition, the Applicant asked that the board consider the length of time since his discharge. There is no law or regulation, which provides that an unfavorable discharge may be upgraded, based solely on the passage of time.

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 - COMMISSION OF A SERIOUS OFFENSE.

 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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