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NAVY | DRB | 2005_Navy | ND0500506
Original file (ND0500506.rtf) Auto-classification: Denied


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

ex-BUCA, USN
Docket No. ND05-00506

Applicant’s Request
The application for discharge review was received on 20050202. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. 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 20050511. 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/Misconduct - Pattern of Misconduct, authority: NAVMILPERSMAN, Article 3630600.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1. “In my personnel Record you will see THAT I REQUESTED to Be discharged 3 times during the period in which the military was paying people to get out because of down sizing. Each time my request was turned down.”

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant, undated
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     861029 - 870119  COG
         Active: USN                        870120 - 910523  HON

 Period of Service Under Review :
Date of Enlistment: 910524               Date of Discharge: 920918

 Length of Service (years, months, days):

         Active: 01 03 25
         Inactive: None

 Age at Entry: 21                          Years Contracted: 2 (6 months extension)

 Education Level: 12                        AFQT: 43

 Highest Rate: BU3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.73 (3)             Behavior: 3.47 (3)                OTA: 3.67

 Military Decorations: None

 Unit/Campaign/Service Awards: M-16 RE, NER, NDSM, SSDR(4), SASM

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

910524:  Reenlisted at NMCB 133 for 2 years.

910726:  NJP for violation of UCMJ, Article 134 (Drunk/disorderly, indecent exposure, and Communicating a threat).
Award: Forfeiture of $250.00 per month for 1 month, restriction and extra duty for 30 days, reduction to E-3 (suspended for 6 months). No indication of appeal in the record. The accused knowingly, intelligently and voluntarily accepted NJP.
910925:  Psychiatric Evaluation: Examination revealed him to be a self assured forceful individual who although acknowledging his alcoholism tended to minimize the impact of alcohol in his life. He admitted that he was reluctant to discuss his private life. He was not depressed. His thinking was relevant and coherent with no abnormal ideations elicited. He was cognitively intact. He denied pseudo-perceptions.
         Impression: Alcohol dependency. He meets DSM-III-R criteria 1,2,3,6, and 7. Recommendation: Level III treatment.

 920701:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of five (5) days pay ($195.00) per month for 1 month, restriction and extra duty for 14 days, reduction to E-3 (suspended for 6 months). No indication of appeal in the record.

920701:  Retention Warning from Construction Battalion Unit 420, Mayport, FL 32228-0127: Advised of deficiency (Recurring unauthorized absences resulting in OIC’s NJP), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
920812:  The suspended reduction to pay grade E-3 is vacated.
920813:  NJP for violation of UCMJ, Article 86: Unauthorized absence on 30JUL92 & 12AUG92.
Award: Forfeiture of $150.00 per month for 2 months, restriction for 45 days, reduction to E-2. No indication of appeal in the record.
920814:  Construction Battalion Unit 420, notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of commission of a serious offense as evidenced by your violation of UCMJ article 134 (2 specs) indecent exposure and communication a threat, and a pattern of misconduct as evidenced by 3 NJP’s.
920814:  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. Applicant did not object to this separation.
920817:  Officer in Charge, Construction Battalion Unit 420 recommended BUCA T_ (Applicant) be separated with an under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct. Commanding Officer’s comments (verbatim): BUCA T_ (Applicant) has been counseled on numerous occasions concerning his habitual unauthorized absences. He has been unable to correct this problem and had become an administrative burden. Recommend immediate administrative separation with the characterization of separation as other than honorable as a result of his NJP with NMCB 133 for violation of UCMJ article 134 (2 specs) indecent exposure and communicating a threat.

920820:  Commanding Officer, Naval Station Mayport, recommended expeditious administrative separation.

920909:  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 19920918 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. A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor. The Applicant’s service was marred by award of three nonjudicial punishment (NJP) proceedings for violations of UCMJ Articles 86 (Unauthorized absence), and Article 134 – 2 Specifications (Drunk/Disorderly/Indecent Exposure and Communicating a Threat). 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 contends that he requested three times to be separated from the naval service and was turned down each time. The record does not contain any documentation to the fact and the Applicant should be made aware that misconduct takes precedence over an administrative separation. 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, 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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