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NAVY | DRB | 2005_Navy | ND0501434
Original file (ND0501434.rtf) Auto-classification: Denied


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

ex-HA, USN
Docket No. ND05-01434

Applicant’s Request
The application for discharge review was received on 20050830. 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 20060512. 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 General (Under 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:

“I’m trying to get medical help for my PTSD at the VA.”

 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)     19990129 - 19990725      COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19990726             Date of Discharge: 20041022

 Length of Service (years, months, days):

         Active: 05 02 27 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 37 days
         Confinement:              30 days

 Age at Entry: 18

 Years Contracted: 4 (25 month extension)

 Education Level: 12                                 AFQT: 42

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.3 (4)                       Behavior: 1.6 (5)        OTA : 2 .13
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Sea Service Deployment Ribbon, National Defense Service Medal, Navy Unit Commendation, Humanitarian Service Medal, Combat Action Ribbon (2)


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

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

020325:  Applicant to unauthorized absence at 0700 on 020325.

 020401:  Applicant from unauthorized absence at 0700 on 020401 (7 days).
020423:  NJP for violation of UCMJ, Article 86: In that HN C_(Applicant), did on or about 0700 25 Mar 02 absent himself without proper authority, to wit: HN C_(Applicant) failed to return from Bravo Company’s Post-deployment Leave Period. HN C_(Applicant) did not return to his place of duty until 0700, 01 Apr 02.
         Award: Correctional custody for 30 days, reduction to E-2. Reduction suspended for 6 months. No indication of appeal in the record.

020423:  Retention Warning: Advised of deficiency (UA, failed to obey lawful order, etc.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 030726:  Applicant’s 12 month extension made operative.

 030822   Applicant signed 13 month extension (25 month total aggregate extension).
031020:  Counseling: Advised of deficiency (indebtedness), notified of corrective actions and assistance available.

031117:  Counseling: Advised of deficiency (sea bag inspection), notified of corrective actions and assistance available.

031203:  Counseling: Advised of deficiency (unauthorized absence and unsatisfactory/failing mark on the DMS Dress Blues Inspection.), notified of corrective actions and assistance available.

031208:  Counseling: Advised of deficiency (responsibilities), notified of corrective actions and assistance available.

 040322:  Applicant to unauthorized absence at 0730 on 040322.

 040421:  Applicant from unauthorized absence at 1400 on 040421 (30 days).
040610:  Counseling: Advised of deficiency (performance, personal behavior, responsibilities, UA), notified of corrective actions and assistance available.

040709:  Counseling: Advised of deficiency (tardiness), notified of corrective actions and assistance available.

040720:  Counseling: Advised of deficiency (substandard dress/appearance, tardiness), notified of corrective actions and assistance available.

040723:  Counseling: Advised of deficiency (performance, personal behavior, and responsibilities), notified of corrective actions and assistance available.

040726:  NJP for violation of UCMJ, Article 86: Absence without leave
 Specification: In that Hospitalman T_ L. C_(Applicant), U.S. Navy, U.S. Naval Hospital, Pensacola, Florida, on active duty, did, on or about 22 March 2004, without authority, absent himself from his place of duty at which he was required to be, to wit: Family Practice Clinic, located at Naval Hospital, Pensacola, and did remain so absent until on or about 21 April 2004.
          Award: Forfeiture of $668 per month for 2 months, reduction to E-2. No indication of appeal in the record. EAOS changed to 050725.
040811:  Counseling: Advised of deficiency (Responsibilities), notified of corrective actions and assistance available.

040812:  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government - pattern of misconduct.
040812:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
040825:  Counseling: Advised of deficiency (performance, personal behavior, responsibilities and tardiness), notified of corrective actions and assistance available.

041014:  Commanding Officer, Naval Hospital, Pensacola, FL directed discharge with a general (under 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 20041022 by reason of misconduct due to a pattern of misconduct (A) with a service characterization of general (under 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 (B and C).

The Veterans Administration determines eligibility for post-service benefits not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Relief is not warranted.

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. A general 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, 2 nonjudicial punishment proceedings for violations of Articles 86 of the UCMJ, and 10 documented counseling sessions for various deficiencies. 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 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. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 C. 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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