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NAVY | DRB | 2006_Navy | ND0600296
Original file (ND0600296.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND06-00296

Applicant’s Request
The application for discharge review was received on 20051206 . 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 20061019 . 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
No issues were submitted by the Applicant.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (member 4)
Applicant’s DD Form 214 (member 1)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20010830 - 20011028       COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 20011029              Date of Discharge: 20021206

Length of Service (years, months, days):

          Active: 0 1 0 1 0 8 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 33 day s
         Confinement:              None

Age at Entry: 1 9

Years Contracted: 4 ( 12 -month extension)

Education Level: 12                                 AFQT: 91

Highest Rate: AA

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: 2 .0 ( 1 )                 OTA: 2 . 00

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


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 :

010830:  Applicant enlistment eligible with CO NRD Jacksonville, FL District level waiver for one non-minor misdemeanor (poss of cannabis and paraphernalia).
0 20620 :  NJP for violation of UCMJ, Article 91 : On 020606, Airman Recruit B_ (Applicant), having received a lawful order from First Class Petty Officer to not sleep in class, d isobe yed the same .
          Award: Forfeiture of $ 258. 00 pay per month for 1 month (suspended for 3 months) , restriction and extra duty for 7 days. No indication of appeal in the record.
020620:  Retention Warning: Advised of deficiency (OIC’s non-judicial punishment on 020625 for violation of UCMJ Art 91, Disobedience), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
020917:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 020909, tested positive for cocaine.
021002:  Applicant to unauthorized absence at 0730 on 021002.

 021006:  Applicant from unauthorized absence at 1610 on 021016 ( 4 days/surrendered).
021016:  NAVDRUGLAB, Jacksonville, FL, reported Applicant’s urine sample, received 021002, tested positive for THC.
021016:  Applicant to unauthorized absence at 0730 on 021016.
021114:  Applicant from unauthorized absence at 1720 on 021016 (29 days/surrendered).
021120:  NJP for violation of UCMJ, Article 86: (3 specifications),
         Specification 1: Absent from appointed place of duty on 020904.
         Specification 2: Unauthorized absence from 0730, 021002 until 1710, 021006.
         Specification 3: Unauthorized absence from 0730, 021016 until 1720, 021114.
 Violation of UCMJ, Article 112a: (2 specifications),
Specification 1: Wrongful use of cocaine as confirmed in urinalysis testing by Naval Drug Laboratory, Jacksonville, Florida (enclosure (4)).
Specification 2: Wrongful use of marijuana as confirmed in urinalysis testing by Naval Drug Laboratory, Jacksonville, Florida (enclosure (5)).
Award: Forfeiture of $522.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
0 211 20 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service under other than honorable conditions by reason of misconduct pattern of misconduct, misconduct commission of a serious offense and misconduct drug abuse.

0 211 2 0 :  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 .
021120:  Applicant refused Alcohol/Substance Abuse treatment.
021122 :  Commanding Officer, Naval Air Technical Training Center recommended to Chief of Naval Education and Training that Applicant be discharge d under other than honorable conditions by reason of misconduct pattern of misconduct, misconduct commission of a serious offense as evidenced by Officer-in-Charge’s Nonjudicial Punishment on 020620 for violation of Article 91 of the Uniform Code of Military Justice (UCMJ) (1 specification of disobedience) and misconduct drug abuse . Commanding Officer’s comments : “ Airman Recruit B_ (Applicant) received nonjudicial punishment on two separate occasions for unauthorized absence, disobeying a lawful order, and use of cocaine and marijuana. In my opinion, he has no potential for further useful naval service; therefore, I recommend separation with a discharge under Other Than Honorable conditions by reason of misconduct. Enclosure (6) is submitted in lieu of the NAVPERS 1070/607, which will be incorporated at the time of receipt
from Personnel Support Detachment, Pensacola, Florida .”
021122:  Applicant found fit for separation.

021205 :  GCMCA, Chief of Naval Education and Training authorized the Applicant's discharge under other than honorable conditions by reason of pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 20021206 by reason of misconduct due to a pattern of misconduct (A and B) with a service characterization 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 current discharge was proper and equitable (C and D).

The Applicant introduced no decisional issues for consideration by the Board.

The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. 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 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 one retention warning on 20020620 and 2 nonjudicial punishment proceedings on 20020620 and 20021120, for violation of Articles 86 (unauthorized absence), 91 (Disobedience) and 112a ( Wrongful use, possession etc. of a controlled substance) 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 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 Present, 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 s 91 (Disobedience) and 112a ( Wrongful use, possession etc. of a controlled substance) .

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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