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NAVY | DRB | 2006_Navy | ND0600112
Original file (ND0600112.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND06-00112

Applicant’s Request
The application for discharge review was received on 20051026 . 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. 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. area or Washington, D.C. Metropolitan area. Applicant did not respond.
Decision

A documentary discharge review was conducted in Washington, D.C. on 20060810 . 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 sha ll 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
No issues were submitted by the Applicant.

 Documentation
Only the service and medical record s 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)     19870424 - 19880110       COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 19880111              Date of Discharge: 19901114

Length of Service (years, months, days):

          Active: 0 2 1 0 0 3 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 9 day s
         Confinement:              none

Age at Entry: 18
Years Contracted: 4
Education Level: 12                                 AFQT: 79

Highest Rate: SA

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3 . 1 ( 2 )                        Behavior: 3 . 1 ( 2 )                  OTA: 3 . 1 0
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): United States Coast Guard Special Operation Service Ribbon.


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 :

900403:  Applicant to unauthorized absence at 0730 on 900403.

900405:  Applicant missed sailing of vessel from Mayport, FL.

900411:  Applicant from unauthorized absence at 0730 on 900411 (9 days/surrendered).
900424:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
 Violation of UCMJ, Article 87: Missing movement.
         Award: Restriction and extra duty for 30 days, reduction to E-1. No indication of appeal in the record.
900606:  Retention Warning: Advised of deficiency (Violation of the UCMJ Article 91 (3)-Disrespect toward a petty officer; violation of the UCMJ Article 92 (3)-Failure to obey an other lawful order.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
900706:  NJP for violation of UCMJ, Article 128: Assault on 900621.
 Violation of UCMJ, Article 134: Disorderly conduct on 900621.
          Award: Forfeiture of $150.00 pay per month for 1 month, restriction and extra duty for 14 days (suspended for 3 months). No indication of appeal in the record [Extracted from CO’s message].

901007:  NJP for violation of UCMJ, Article 128: Assault on 901006.
 Award: Forfeiture of $150.00 pay per month for 1 month, restriction and extra duty for 30 days. No indication of appeal in the record [Extracted from CO’s message].
901008:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct as evidenced by a pattern of misconduct.

901008:  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.
901103:  Commanding Officer, USS DALE recommended discharge other than honorable by reason of misconduct due to a pattern of misconduct. Commanding Officer’s comments: “Over the past six months ST C_’s (Applicant) performance and attitude have deceived sharply. He has not been responsive to numerous counseling efforts every level in the chain of command, his conscious and willful decision to continuously violate the UCMJ demonstrates that continued service would be counterproductive. Recommend separation form the naval service with an other than honorable characterization.”

901107:  CNMPC directed the Applicant's discharge other than honorable by reason of misconduct pattern.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19901114 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).

The Applicant introduced no decisional issues for consideration by the Board, but requested an upgrade of his discharge characterization from Under Other Than Honorable Conditions to an Honorable discharge. 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 a retention warning and three nonjudicial punishment proceedings for violations of Articles 86, 87, 91, 92, 128 and 134 of the UCMJ. A punitive discharge is authorized for Violations of Articles 87 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.

 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 87 and 92 (missing movement and violating an other lawful 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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