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NAVY | DRB | 2005_Navy | ND0501401
Original file (ND0501401.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND05-01401

Applicant’s Request
The application for discharge review was received on 20050823. 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 designated Private Representative as the representative on the DD Form 293. In the acknowledgement letter, the Applicant was informed that he was approaching the 15-year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington D.C. Applicant did not respond

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060421. 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 due to the charges that led to my discharge, should not warrant me a life sentence of disadvantage and despair. I’ve been penalized long enough.”

Applicant’s issues, as stated on attached letter:

“To the members of the review board

I (Applicant)” am pleading to the naval review board to the upgrade of my discharge from O.T.H. to General under honorable.

Prior to writing this letter I requested my military history package and reviewed my accomplishments and despicable acts. Since the date of my release from the U.S.S. Carl Vinson I knew something had gone terribly wrong, and regret waiving my right to stay and complete my obligation and receive full honors. I often talk and express fond experiences with others of my naval life, yet ashamed to admit my discharge status and even more the reasons that lead to it. I’ve been on a mission to prove to that I am worthy and honorable.

Over the last 11 years I’ve worked 2 different jobs, One for seven years another for four years with only a few months of lay off time in between. I’ve received monetary rewards and accommodations for attendance and efficiency. I obtained an associates degree in engineering science. I currently attend the City University of New York where I’m persuing a bachelor’s degree in mechanical engineering. I’ve managed to maintain my own residence paying all my bills and taxes due. I’m compelled to add I’ve never been trailed.

A general under honorable would give me a chance to compete with those who never put the uniform on. I hope the navy can forgive me, for I have forgiven myself and will continue to strive for progress and righteousness

Thank you,
G_ B_ (Applicant)”







 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Reference Letter from C_ B_(Applicant’s mother) dtd August 9, 2005
Reference Letter from Mr E_ P_, dtd January 17, 2005
Character Reference Letter from E_ B_ M_, dtd December 13, 2004
Letter from Applicant dtd January 7, 2005
Resume
Associate in Science Degree from Borough of Manhattan Community College
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19880711 – 19880726               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19880727             Date of Discharge: 19910610

 Length of Service (years, months, days):

         Active: 02 10 13 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 4 days
         Confinement:              none

 Age at Entry: 19

 Years Contracted: 4

Education Level: 12                                 AFQT: 44

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.6 (3)     Behavior: 2.6 (3)                 OTA: 2 .86

 Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Navy “E” Ribbon, Sea Service Deployment Medal, Armed Forces Expeditionary Medal.


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

UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct - Pattern of misconduct, authority: MILPERSMAN, Article 3630600.
Chronological Listing of Significant Service Events :

900727:  NJP for violation of UCMJ, Article 121: Wrongfully steal two purses and their contents the property of a Hong Kong National.
 Violation of UCMJ, Article 80: Attempt to utilize a stolen automatic teller machine card.
Violation of UCMJ, Article 86: Absent from his place of duty at or about 2130, 900723.
Violation of UCMJ, Article 107: Sign an official log with intent to deceive on or about 900714.
         Award: Forfeiture of $150 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.

900728:  Retention Warning: Advised of deficiency (Your performance and conduct have been unsatisfactory. Applicant was awarded CO’s NJP for Article 86, 107, 80, 121. At mast you were counseled by the Commanding Officer regarding your deficiencies. Such conduct is prejudicial to good order and discipline and will not be tolerated.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
900920:  NJP for violation of UCMJ, Article 92: Willfully failed to stand under instruction diesel engine watch on 900809.
 Violation of UCMJ, Article 86: UA from appointed place of duty at or about 1800, 900813, UA from appointed place of duty at or about 0630, and 0715, 900820; UA from appointed place of duty at or about 0715, 900821; and UA from appointed place of duty at or about 0715, 900910.
          Award: Forfeiture of $150 per month for 2 months, restriction and extra duty for 20 days, reduction to E-1 (suspended for 6 months). No indication of appeal in the record.
910215:  Applicant to unauthorized absence from USS CARL VINSON CVN 70 located at PSNS Bremerton, WA at 0700 on 910215.
910219:  Applicant surrendered on board USS CARL VINSON CVN 70 located at PSNS Bremerton, WA at 1140 on 910219 (4 days/surrendered).
910302:  Applicant to unauthorized absence from USS CARL VINSON CVN-70 located PSNS Bremerton, WA at 0800 on 910302.
910302:  Applicant surrendered on board USS CARL VINSON CVN 70 located at PSNS Bremerton, WA at 1250 on 910302 (4 hours and 50 minutes/surrendered).

910311:  Applicant to unauthorized absence from USS CARL VINSON CVN-70 located PSNS Bremerton, WA at 0700 on 910311.
910311:  Applicant surrendered on board USS CARL VINSON CVN 70 located at PSNS Bremerton, WA at 1238 on 910311 (5 hours and 38 minutes/surrendered).
910312:  NJP for violation of UCMJ, Article 86: UA from USS CARL VINSON from 0700, 910215 1140, 910219.
         Award: Forfeiture of $150 per month for 1 month, restriction and extra duty for 15 days, reduction to E-1. No indication of appeal in the record.

910401:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct pattern of misconduct as evidenced by three or more punishments under the UCMJ during the current enlistment and misconduct commission of a serious offense as evidenced by Commanding Officer’s nonjudicial punishment on 27 July 1990 for violation of the UCMJ, Article 121.

910411:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
910507:  Commanding Officer, USS CARL VINSON CVN 70 recommended discharge under other than honorable conditions by reason of misconduct pattern of misconduct as evidenced by three or more punishments under the UCMJ during the current enlistment and misconduct commission of a serious offense as evidenced by Commanding Officer’s nonjudicial punishment on 27 July 1990 for violation of the UCMJ, Article 121. Commanding Officer’s comments: “Strongly recommend Other Than Honorable discharge.”

910604:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19910610 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 1 retention warning, 3 nonjudicial punishment proceedings for violations of Articles 121, 80, 86, 107, and 92 of the UCMJ. 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 is authorized to consider post-service factors in the recharacterization of a discharge (B, Part IV). However, there is no law or regulation, which provides that an unfavorable discharge, may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review, is considered. The Applicant provided one letter of recommendation from his mother, two letters of recommendation from associates, a resume, and an Associate’s Degree certificate as documentation of post-service accomplishments. The Applicant's efforts need to be more encompassing than those provided. For example, the Applicant could have produced evidence of continuing educational pursuits, a verifiable employment record, documentation of community service, evidence of drug free existence, and certification of non-involvement with civil authorities. At this time, the Applicant has not provided sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in the characterization of discharge. Therefore, no relief will be granted.

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 15560A, Change 8 effective 21 Aug 89 until 14 Aug 91), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - A 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 121 – larceny, Article 107 – false official statements, and Article 92 – failure to obey order.
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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