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NAVY | DRB | 2005_Navy | ND0500394
Original file (ND0500394.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-FR, USN
Docket No. ND05-00394

Applicant’s Request
The application for discharge review was received on 20050103. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). The Applicant requests a documentary record discharge review. The Applicant did not designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20051006. 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 and reason for discharge shall not change. The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to a pattern of misconduct .


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“My discharged was unjust because it was based on a few personal encounters that affected my work ethics. I had just married and there were major domestics issues that needed to be settled that I was not knowledgeable of. My command was unsupportive of such dealings and in fact caused myself to believe that my command didn’t care. There were mistakes that I’ve made on my own that I deeply regret but I don’t feel my career should have been put @ stake.”

 Applicant’s Remarks: (Taken from the DD Form 293).

“I just as any man, have made mistakes in the past that I am and have taken responsibility for the only thing is I want what is best for my family. My military career was cut short because of lack of knowledge on my behalf and understanding on the behalf of my command I put my family before anything and my children need not suffer. I just ask the board to take a chance of faith and re-evaluate my situation. All I ask is for a second chance @ serving my country the best way I know how.”
Documentation
In addition to the service record and medical record, the following statement submitted by the Applicant, was considered:
“Just showing how my career was starting as I came home from my Iraq tour. I picked up E-4 and a new responsibility. After months of being “Turn-to” petty officer a slight change of command and things begin to turn for the worse. Myself and the chain of command were not seeing eye to eye. I had just married, asked for help ever since and was denied every time. My problems continued to grow passed being domestic and began to work into my professional career. I looked @ myself as being a failure to myself and my family. I gave up before matters got worse.”

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20000816 - 20000911      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20000912             Date of Discharge: 20040329

 Length of Service (years, months, days):

         Active: 03 06 17 (Does not exclude lost time)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence:    41 days (Extracted from DD-214)
         Confinement:                       None

 Age at Entry: 17 (Parental Consent)

 Years Contracted: 4

 Education Level: 12                                 AFQT: 41

 Highest Rate: MM3 (Frocked)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.75 (4)                      Behavior: 2.25 (4)                OTA : 2.5 0
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Navy “E” Ribbon, National Defense Service Medal, Sea Service Deployment Ribbon


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

UNDER OTHER THAN HONORABLE CONDITIONS/ PATTERN OF MISCONDUCT, authority: MILPERSMAN, Article 1910-140 (formerly 3630600).
Chronological Listing of Significant Service Events :

001213:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Violation of UCMJ, Article 92: Wrongfully being out of the prescribe uniform for Phase 1 Liberty.
         Violation of UCMJ, Article 134: Wrongfully possess with intent to defraud and deceive an official BEQ liberty card.
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 14 days. Forfeiture suspended for months. No indication of appeal in the record.

011213:  NJP for violation of UCMJ, Article 86: Absence from unit, organization or place of duty on 011109.
         Award: Forfeiture of $584 per month for 2 month, restriction and extra duty for 30 days, reduction to E-1. Forfeiture for 1 month and reduction suspended for 3 months. No indication of appeal in the record.

011215:  Retention Warning: Advised of deficiency (CO’s NJP of 011213 for VUCMJ, Article 86 (Absence from unit, organization or place of duty).), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 020812:  NJP for violation of UCMJ, Article 86 (7 specs):
         Specifications 1-5: Failing to go or leaving place of duty.
         Specifications 6-7: Absence from unit, organization or place of duty.
         Date of offenses: 020702 to 020707.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 25 days. Restriction and extra duty suspended for 6 months. No indication of appeal in the record.

020812:  Retention Warning: Advised of deficiency (CO’s NJP of 020812 for VUCMJ, Article 86 (Failing to go or leaving place of duty (5 specs) and VUCMJ Art 86 (Absence from unit organization or place of duty).), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 030322:  NJP for violation of UCMJ, Article 86: Abandoning watch or guard.
 Violation of UCMJ, Article 92: Failing to obey order or regulation.
Date of offense: 030220 and 030314.
          Award: Forfeiture of ½ month’s pay for 2 months, restriction and extra duty for 45 days, reduction to E-2. Forfeiture and reduction suspended for 6 months. No indication of appeal in the record.

030322:  Retention Warning: Advised of deficiency (CO’s NJP of 030322 for VUCMJ, Article 86 (Unauthorized absence, abandoning watch or guard, and Article 92 (Failure to obey order or regulation).), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
030926:  To unauthorized absence, 030926 0600-0645.

031003:  Recommendation for advancement to E4 withdrawn due to CO’s NJP of 031003.

031003:  NJP for violation of UCMJ, Article 86: Absent from unit fm 0600-0645, 030926.
         Award: Restriction and extra duty for 20 days, reduction to E-2. No indication of appeal in the record.

031003:  Retention Warning: Advised of deficiency (CO’s NJP of 031003 for VUCMJ, Article 92.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
040212:  NJP for violation of UCMJ, Article 86 (4 specs): Absence from unit, organization, or place of duty.
         Date of offense: 040116-040209.
         Award: Restriction and extra duty for 45 days, reduction to E-1. Administrative separation (OTH). No indication of appeal in the record.

040329:  Commander, Amphibious Group TWO , directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20040329 by reason of misconduct due to a pattern of misconduct (A) with a service characterization of under other than honorable conditions. After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (B and C). The Board presumed regularity in the conduct of governmental affairs (D).

 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 was awarded a total of six nonjudicial punishment (NJP) proceedings for violations of UCMJ Article 86, unauthorized absences totaling 41 days, Article 92, failure to obey order or regulation, and Article 134, false or unauthorized pass offense. Mixed between these nonjudical punishments , the Applicant was administratively warned by issuance of NAVPERS 1070/613 Counseling/Retention warning that further misconduct could result in administrative separation on four separate occasions. Under applicable regulations, the Applicant’s misconduct did in fact constitute a pattern of misconduct. 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.

The Applicant contends his disciplinary problems were the result of stress arising from his recent wedding and unspecified domestic discord. The NDRB recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. It must be noted many members of the United States Navy face hardships similar to those of the Applicant. It must further be noted that most of these members of the Navy still serve honorably despite their hardships and therefore earn their honorable discharges. In fairness to those members of the Navy, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. The NDRB found that the Applicant's service was equitably characterized. 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. 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 V, Para 502, Propriety .

C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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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