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NAVY | DRB | 2005_Navy | ND0501278
Original file (ND0501278.rtf) Auto-classification: Denied


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

ex-STGSN, USN
Docket No. ND05-01278

Applicant’s Request
The application for discharge review was received on 20050727. The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

 Decision

A documentary discharge review was conducted in Washington, D.C. on 20060413. 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:

“To be able to have lucrative & successful career. I can’t make good money anywhere. My military school & training would help”

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

The military paper word has always been confusing so if it helps my e-mail is: (deleted) and lastly; can someone w/my record serve in the Air Force Reserves? I am interested or Air National Guard?

 Documentation
Only the service and medical records were reviewed. The Applicant did not provide additional documentation for the Board’s consideration.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19970221 - 19970423      COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 19970424             Date of Discharge: 19990208

 Length of Service (years, months, days):

         Active: 01 09 15 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 6 days
         Confinement:              None

 Age at Entry: 20

 Years Contracted: 4 (24 month extension)

 Education Level: 12                                 AFQT: 94

 Highest Rate: STG3

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

971112:  NJP for violation of UCMJ, Article 134 (Disorderly conduct, drunkenness)
         Specification: In that STGSN M_ J. A_(Applicant), USN, FLEASWTRACEN, San Diego, CA, on active duty, was, at or near FLEASWTRACEN, San Diego, CA, on or about 29 September 1997, drunk and disorderly, which conduct was of a nature to bring discredit upon the armed forces.
         Award: Forfeiture of $400 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. All punishments suspended for 6 months. No indication of appeal in the record.

971112:  Retention Warning: Advised of deficiency (Drunk and disorderly.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 981023:  Applicant to unauthorized absence at 1700 on 981023.

 981029:  Applicant from unauthorized absence at 1100 on 981029 (6 days/surrendered).
981112:  NJP for violation of UCMJ, Article 86 (Absence without leave).
         Specification: In that STG3 M_ J. A_(Applicant), USN, FLEASWTRACEN, San Diego, CA, on active duty, did, at or about 1700, 23 October 1998, without authority, absent himself from his organization, to wit: FLEASWTRACEN, San Diego, CA., and did remain so absent until apprehended by military authorities at or about 1100, 29 October 1998.
         Award: Forfeiture of $540 per month for 2 months, reduction to E-3. No indication of appeal in the record.

981218:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
 Violation of UCMJ, Article 134: Incapacitation for duty.
          Award: Restriction for 45 days and extra duty for 30 days, reduction to E-2 (susp 6 mos). No indication of appeal in the record. [Extracted from Commanding Officer’s letter dated 990120.]
990120:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of convenience of the government - personality disorder and misconduct due to pattern of misconduct as evidenced by CO’s NJP on 12 Nov 97; 12 Nov 98; and 18 Dec 98. Notice signed by Commanding Officer 990121.

990120:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights. Applicant signed response 990121.
990120:  Commanding Officer, USS JOHN PAUL JONES (DDG 53) recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by three nonjudicial punishments and violation of a NAVPERS 1070/613 Administrative Remarks (Warning and Counseling) and by reason of convenience of the government - personality disorder. Commanding Officer’s comments: “STGSN A_(Applicant) was evaluated by a Navy physician and found to be at risk for behavior which will cause serious injury to himself or others. He has also demonstrated a pattern of misconduct by reason of three nonjudicial punishments. His misconduct falls within the provisions reference (a). Accordingly, I strongly recommend STGSN A_(Applicant) is separated from the Naval Service with an Other Than Honorable Discharge.”

990203:  COMNAVSURFPAC San Diego, CA directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19990208 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).

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 3 nonjudicial punishment proceedings for violations of Articles 134 (Disorderly conduct, drunkenness), and 86 (Absence without leave) of the UCMJ. Additionally, the Applicant received a retention warning. 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 NDRB, under its responsibility to examine the propriety and equity of an Applicant’s discharge, is authorized to change the character of service and/or the reason for discharge if such change is warranted. There is no evidence of impropriety or inequity in the Applicant’s discharge. The Applicant’s misconduct is clearly documented. Therefore, relief 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 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), Change 18, effective
12 Dec 1997 until 21 Aug 2002, 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 134, Disorderly conduct, drunkenness; and Article 86, Absence without leave.

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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