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NAVY | DRB | 2005_Navy | ND0500932
Original file (ND0500932.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-AA, USN
Docket No. ND05-00932

Applicant’s Request
The application for discharge review was received on 20050510. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to uncharacterized. 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 20050915. 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 by reason of misconduct due to commission of a serious offense .

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)     20010312 – 20010325               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20010326             Date of Discharge: 20010921

 Length of Service (years, months, days):

         Active: 00 05 14
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 10 days
         Confinement:              none

 Age at Entry: 20

Years Contracted: 4

Education Level: 12                                 AFQT: 75

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NA*                  Behavior: NA*    OTA: NA*

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): None.
* Not Available


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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: MILPERSMAN, Article 1910-142 (formerly 3630605).

 Chronological Listing of Significant Service Events :

010728:  Applicant to unauthorized absence at 1650.

010807:  Applicant from unauthorized absence at 0045.

020820:  Applicant begins a period of lost time. [Extracted from DD214 Block 29]

020822:  Applicant ends a period of lost time. [Extracted from DD214 Block 29]

010912:  NJP for violations of the UCMJ:
 Article 86: Unauthorized absence from 1650, 28 July 2001 until 0045, 7 August 2001.
Article 91: Disrespect in language toward a First Class Petty Officer on 7 August 2001.
Article 92: Failure to obey a lawful order/regulation on 10 September 2001 by wrongfully bringing candy, civilian clothes, and a lighter onto the restricted deck.
Article 134: Drunk and disorderly conduct on 7 August 2001, such conduct being to the prejudice of good order and discipline in the armed forces.
         Award: Forfeiture of $584 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.

010912:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct commission of a serious offenses.
010912:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

010912:  Applicant refused alcohol/substance abuse rehabilitation treatment.

010918:  Commanding Officer, Naval Air Technical Training Center, recommended the Applicant’s under other than honorable conditions discharge by reason of misconduct commission of serious offense as evidenced by Commanding Officer’s Nonjudicial Punishment of 12 September 2001 for violation of Article 91 of the Uniform Code of Military Justice (UCMJ) (1 specification of disrespect) and violation of Article 92, UCMJ (1 specification of orders violations). Commanding Officer’s comments: “Airman Recruit F_ (Applicant) received nonjudicial punishment for unauthorized absence, disrespect to one of my Petty Officers, disobeying lawful orders and regulations, and drunk and disorderly. In my opinion, he has no potential for future useful naval service; therefore, I recommend separation from the naval service with a discharge under Other Than Honorable conditions by reason of misconduct.”

010920:  Chief of Naval Education and Training, authorized the Applicant's discharge with a under other than honorable conditions by reason of misconduct commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20010921 by reason of misconduct due to commission of a serious offense (A and B) 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 (C and D).

By regulation, members notified of intended recommendation for discharge within the first 180 days of enlistment are eligible for an uncharacterized or entry-level separation characterization of service unless there were unusual circumstances regarding a servicemember’s performance or conduct that merit another characterization. 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 nonjudicial punishment proceedings for violations of Articles 86, 91, 92 and 134 of the UCMJ. Violations of Articles 91 and 92 of the UCMJ are considered 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. Therefore the Board found his under other than honorable conditions characterization appropriate. Relief is not warranted.

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 31, dated 20 Feb 01, effective 25 Jan 01 until 21 Aug 02, Article 1910-142 [formerly 3630605]. SEPARATION BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

B. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 91 insubordinate conduct to a petty officer or Article 92, failure to obey an order/regulation.

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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