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Decision Text

NAVY | DRB | 2005_Navy | ND0500560
Original file (ND0500560.rtf) Auto-classification: Denied


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

ex-YNSN, USN
Docket No. ND05-00560

Applicant’s Request
The application for discharge review was received on 20050214. 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 20050602. 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, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
Applicant’s issues, as stated on the application:

 1. “To Whom It May Concern:

 Dear Sir or Ma’am I’m writing this letter to respectfully request that I S_ J. E_ (Applicant) may be considered for a military discharge upgrade from General Under Honorable Conditions to Honorable Conditions. I went into the U.S. Navy when I was just 17 years old. I went in a month after I graduated from Hillside High School in Hillside New Jersey. I was a promising yeoman who was the head admin for the Navigation department straight out of “A” school. So I was delegated a lot of responsibility since I was a young man. I also was one of the selected candidates to attend officer school until I was charged with drinking a beer at a military base club in Jacksonville Florida when we pulled in port.
I was young and immature at the time of my charges for under age drinking. I was 18 years old with my own apartment and basically a new found freedom. So I thought I could do something as foolish as drinking under age. That was very stupid and immature of me to do and today I don’t touch alcohol unless it’s a special occasion. I definitely don’t even have the time because I work full time and go to school full time.
I’m a productive member of society and I’m currently working at a fortune 500 company as an Operation Specialist. I’m also attending school full time for Cisco Engineering at a top technical institute in New Jersey. Success is definitely my main goal in life. Though I made some left turns that should have been right turns I have learned many of life’s lessons at a young age and I wish to try correcting as many of my youthful wrongs as possible since I’m a full grown man now.
I’m honored that I had the opportunity to have served my country I’ve seen and done things that people wont in a lifetime. I just wish I was mature enough at the time to have savored that opportunity more wisely. I’ll always be proud to have been apart of the U.S. Navy it taught me a lot about real life at a young age. The knowledge and experience I received while serving in the Navy set me apart from my counterparts time and time again in the civilian world. The Navy taught me how to be a leader, a listener to detail and a go getter which are very valuable lessons that prepared me for the world in which we live. I wish I did some things differently, but I know that the lessons I’ve learned in my young life have and will be applied for present and future obstacles. God Bless and thank-you for your time.

          Very Respectfully,
         S_ J. E_ (Applicant)”

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter of recommendation from J_ P_, Operations Terminal Manager, dated
January 20, 2005
Letter of recommendation from Z_ T_, Metro-Wide Technical Institute, dated
January 18, 2005
CCNA Certification Certificate, dated June 17, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     951228 - 960714  ELS (Failed to graduate)
 Inactive: USNR (DEP)     970709 - 990824  COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 970723               Date of Discharge: 990824

 Length of Service (years, months, days):

         Active: 02 01 01
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 38

 Highest Rate: YNSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)             Behavior: 1.00 (1)                OTA: 2 .17

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 1

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :
980113:  NJP for violation of UCMJ, Article 92: On or about 971217, fail to obey a lawful general regulation, by drinking under the age of 21; violation of UCMJ Article 134: On or about 971217, urinate in public, which conduct was of a nature to bring discredit upon the Armed Forces. Award: Forfeiture of $100.00 per month for 1 month. No indication of appeal in the record.
980402:  NJP for violation of UCMJ, Article 92: Failure to obey order or regulation by drinking under the age of 21 on 980317. Award: Restriction and extra duty for 20 days. No indication of appeal in the record.

980402:  Retention Warning: Advised of deficiency (Violation of the UCMJ, Article 92 (underage drinking). Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

981124:  NJP for violation of UCMJ, Article 92: Failure to obey lawful general order or regulation on 981109. Award: Forfeiture of $100.00 per month for 2 months, restriction and extra duty for 21 days, reduction to E-1 (suspended for 6 months). No indication of appeal in the record.
990502:  Applicant to unauthorized absence from USS HARRY S. TRUMAN (CVN 75).

990503:  Applicant from unauthorized absence; surrendered onboard USS HARRY S. TRUMAN (CVN 75).

 990601:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700 on 990502 until 0800 on 990503. Award: Restriction and extra duty for 10 days. No indication of appeal in the record.
990810:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of misconduct due to the commission of a serious offense as evidenced by commanding officer’s nonjudicial punishment held on 980113, 981124 and 990402 and also misconduct due to a pattern of misconduct as evidenced by all violations of the UCMJ during the Applicant's current enlistment.
990810:  Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

990823:  Evaluation Report & Counseling Record for period ending 990824: "Member being separated due to a pattern of misconduct. After suspension of administrative separation by request of the Reactor Officer, member was formally counseled and informed that any further disciplinary infraction would result in recommencing administrative separation. On 99JUL19, member was placed on unauthorized absence for a period of over four hours. Since notification of recommencement of admin board proceedings, member has demonstrated a lack of maturity and a recurring pattern of unauthorized absence incidents as documented on six department muster reports since the initial incident. Applicant cannot be relied upon to be at appointed place of duty for a consistent period of time, creating a burden for other personnel within his division."

990824:  DD Form 214 issued. Applicant discharged by reason of misconduct due to a commission of a serious offense with a characterization of general (under honorable conditions).
991006:  Commanding Officer, USS HARRY S. TRUMAN (CVN 75) advised BUPERS that the Applicant was discharged with a characterization of general (under honorable conditions) due to a commission of a serious offense. Commanding Officer’s comments: (verbatim): Seaman E_ (Applicant) was awarded Non-judicial punishment on four separate occasions. He was counseled concerning his performance, and warned if he committed any further misconduct he could be separated from the Navy. It is apparent that Seaman E_ (Applicant) is unable to adhere to the rules and regulations of this command and the United States Navy, and is unwilling to conduct himself in a manner conducive to good order and discipline.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19990824 with a general (under honorable conditions) for misconduct due to 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, D, and E).

Issue 1: The Applicant contends that his disciplinary problems were the result of his having a lot of responsibility while being young and immature. The NDRB recognizes that serving in the U.S. Navy is challenging and that 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 that most members of the Navy serve honorably 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 marred by a retention warning on 980402 and four nonjudicial punishment (NJP) proceedings for violations of the following articles of the UCMJ: 86 Unauthorized absence; 92 Failure to obey order or regulation (3 total specifications), and 134 Disorderly conduct. As such, the Applicant's service was equitably characterized. Relief on this basis is denied.

Additionally, The NDRB, under its responsibility to examine the propriety of an Applicant's discharge, will change the reason for discharge if such a change is warranted. The Board found that there was no evidence of impropriety or procedural irregularities in the Applicant's discharge. The Applicant's misconduct was clearly and properly documented and he acknowledged the rights afforded to him during the notification process. The Applicant was afforded the appropriate due process during the processing of his case. Relief on this basis is not warranted.

The Applicant also contends that he learned many lessons thanks to the time he served in the Navy and is attempting to use those lessons to correct as many of his youthful wrongs as possible. The Board commends the Applicant for this effort but advises him that there is no law or regulation that provides for an unfavorable discharge to be upgraded based solely on the passage of time or good conduct in civilian life subsequent to leaving the Marine Corps. The NDRB is, however, authorized 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. The

Applicant has provided documentation for the Board to consider, including two letters of recommendation and an educational course completion certificate, but the Board determined that this does not mitigate the misconduct that caused the characterization of his discharge. Relief on this basis is 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. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. 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 18, effective
12 Dec 97 until 29 March 2000, Article 1910-142 [formerly 3630605]. SEPARATION 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 .
E. In Appendix 12 of the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 92 Failure to obey order or regulation if adjudged at a Special or General Court Martial

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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