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NAVY | DRB | 2005_Navy | ND0501252
Original file (ND0501252.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. ND05-01252

Applicant’s Request
The application for discharge review was received on 20050721. 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 20060406. 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 a pattern of misconduct .

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the application:

“Because my squadron was gunning for me. I had an anger problem and the only thing they did was send me to anger management for (8 wks/every Tuesday for 8 wks which in my mind isn’t long enough. Only Captains Mast twice. Several chief boards in which I just got yelled at which doesn’t help someone with a anger problem.”
Applicant’s Remarks: (Taken from the DD Form 293): If you could help me that would be great but if not thanks anyway. But only being 21 my life would be screwed.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (2)
Applicant’s Automated SF 600 Chronological Record of Medical Care, Naval Hospital        Lemoore, dtd December 30, 2002 (2pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20010821 - 20020612      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 20020613             Date of Discharge: 20040716

 Length of Service (years, months, days):

         Active: 02 01 03 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 1 day
         Confinement:              none

 Age at Entry: 18

Years Contracted: 4 (24 month extension)

 Education Level: 12                                 AFQT: 55

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.6 (3)              Behavior: 2.0 (3)                 OTA : 2 .39

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Navy “E” Ribbon, 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 :

010821:  Pre-service waiver for two non-minor misdemeanor (shoplifting/possession of stolen property).

021230*:         Mental Health Department, Naval Hospital Lemoore, CA. Applicant referred to Mental Health Department after allegedly making suicidal ideation comments. There was no evidence suggestive of the need to perform a complete psychological evaluation. Motivational interview was utilize; counseling resources were reviewed with the Applicant e.g. chaplain, DF &FSC). Applicant was also cautioned with regard to malingering and possible UCMJ consequences.
         Diagnosis: Axis I: Occupational Problem.
         Axis II: Deferred.
         Axis III: Deferred to PCM.
         Recommendation: Applicant is psychiatrically fit for full duty and current assignments. No additional MHD or psychopharmacological services necessary at this time. Case factors and recommendations were discussed with PNCO_. Applicant was released to the squadron escort and returned to duty. [*Extracted from document provided by the Applicant].
031110:  Retention Warning: Advised of deficiency (Insubordinate conduct toward senior Petty Officers), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. Corrective actions include attendance at the Bearings Course and Anger Management Classes.
040226:  Retention Warning: Advised of deficiency (Insubordinate conduct toward senior Petty Officers), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. Corrective actions include attendance at the Bearings Course and Anger Management Classes.

040511:  Applicant completed an 8 week Anger Management Course at NAS Lemoore, CA.

040602:  Retention Warning: Advised of deficiency (Violation of UCMJ, Article 91 and 86), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

040602:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0615, 040519 to 0730, 040519.
 Violation of UCMJ, Article 91: Insubordinate conduct, 040511.
          Award: Forfeiture of $668.00 per month for 1 month, 45 days restriction at CCU. No indication of appeal in the record.
040603:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 1630, 040602 to 1000, 040603.
 Violation of UCMJ, Article 92: Failure to obey order or regulation, 040602.
          Award: Forfeiture of $668.00 per month for 1 month, reduction to E-2. No indication of appeal in the record.
040629:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct pattern of misconduct.

040629:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
040701:  Commanding Officer, STRKFITRON ONE FOUR SEVEN recommended discharge under other than honorable conditions by reason of misconduct pattern of misconduct. Commanding Officer’s comments: “AA R_ (Applicant) has been nothing but an administrative burden to this command since he reported. Review of his division officer’s notebook reveals over 15 counseling chits for everything from insubordination and unauthorized absence to indebtedness and failure to obey orders. We have done our best to help AA R_ (Applicant) through anger management courses, EMI, and personal counseling with the Air Wing chaplain. He was formally counseled on his deficiencies via a NAVPERS 1070/613 counseling and warning on 10NOV03 for insubordinate conduct toward senior petty officers. He deliberately ignored procedural rule, and failed to conduct himself in a manner conducive to good order and discipline as further evidenced by a finding of guilt at CO’s NJP conducted on 02 JUN 04 for insubordinate conduct. While awaiting transportation to the Lemoore restricted barracks on 02JUN04, he fled and remained absent until 1000 03JUN04. His willfull disobedience of this written oredr from the Commanding Officer, resulted in a finding of guilt at CO’s NJP on 03Jun04. AA R_ (Applicant) has no respect for authority. He has used foul and obscene language to my officers and CPO’s, and he is a detriment to good order and discipline. He has zero potential for continued military service. I most strongly request expeditious administrative separation from the United States Navy. Recommend that AA R_ (Applicant) be separated from the naval service by reason of misconduct- pattern of misconduct, and that he receive a characterization of service of other than honorable.”

040716:  COMCARGRU THREE directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct.

040730:  Commanding Officer, Strike Fighter Squadron 147 forwarded the administrative discharge package to NPC, Millington, TN.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20040716 by reason of misconduct due to a pattern of misconduct (A and B) with a service characterization of under other than honorable conditions. 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).

In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considered the Applicant’s discharge proper and equitable. Specifically, Applicant alleged that “my squadron was gunning for me” resulting in his other than honorable discharge. The record, however, contains no evidence of any wrongdoing by the Applicant’s Commanding Officer or anyone else for that matter in the discharge process. The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

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. The Applicant’s service was marred by 2 nonjudicial punishment proceedings for violations of Articles 86 (2 specifications of UA), 91 (insubordinate conduct), and 92 (failure to obey order, regulation) of the UCMJ. Also, the Applicant received, and violated, 3 retention warnings. 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. 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. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this 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 25 April 2005, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.

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, and Article 92, failure to obey 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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