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NAVY | DRB | 2006_Navy | ND0600314
Original file (ND0600314.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND06-00314

Applicant’s Request
The application for discharge review was received on 20051213 . 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 20061103 . 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:
“ I am requesting my discharge to be upgraded because I am very ashamed of my reason s for being discharged. I would also like to reenlist and finish the term I started .”


Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
 Letter from Applicant, dtd March 31, 200 6 (2 pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20000915 - 20010116       COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 20010117              Date of Discharge: 20011221

Length of Service (years, months, days):

          Active: 00 11 0 5 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: 62 day s
         Confinement:              None

Age at Entry: 1 7 (Parental Consent)

Years Contracted: 4

Education Level: 1 1*                                 AFQT: 32

Highest Rate: SA

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NOB                  Behavior: 1 .0 ( 1 )                 OTA: 1 .00
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): None.

 * High School graduate verification letter not found in record.


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 :

010811:  Applicant to unauthorized absence at 2300 on 010811.

 010908:  Applicant from unauthorized absence at 0100 on 010908 (28 days).
011005:  NJP for violation of UCMJ, Article 86: In that Seaman Apprentice K_ R. T_ (Applicant), U.S. Navy, Naval Technical Training Center Lackland Air Force Base, Texas, on active duty, did, on or about 2300 hours 010811, without authority, absent herself from her organization, to wit: Naval Technical Training Center Lackland, located at Air Force Base, Texas, and did remain so absent until on or about 0100 hours 010908.
 Violation of UCMJ, Article 92: In that Seaman Apprentice K_ R. T_ (Applicant) , U.S. Navy, Naval Technical Training Center Lackland Air Force Base, Texas, on active duty, having knowledge of a lawful order issued by the Officer In Charge, to wit: NTTCLAFBINST 6110.1A (Student Rules and Regulations), dated 960607, an order which it was her duty to obey, did, at, Naval Technical Training Center Lackland Air Force Base, Texas, on or about 010811, fail to obey the same by wrongfully climbing out of her window at MS “A” School Barracks (Building 146) after taps.
         Award: Restriction and extra duty for 14 days. No indication of appeal in the record.

011005:  Retention Warning: Advised of deficiency (Commanding Officer’s NJP held on 011005. Specifically, for disobeying a lawful order and being UA.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
0 11020 :  Applicant to unauthorized absence at 2130 on 0 11020 .
0 11103 :  Applicant from unauthorized absence at 0 2 000 on 011103 ( 1 4 days).
011108:  Applicant to unauthorized absence at 2130 on 011108. Intention s unknown.
011128:  Applicant from unauthorized absence at 0700 on 011128 (20 days).

011130:  NJP for violation of UCMJ, Article 86 (2 specs):
          Specification 1: In that Seaman Apprentice K_ R. T_ (Applicant) , U.S. Navy, Naval Technical Training Center Lackland, on active duty, did, on or about 2130 hours 011020, without authority, absent herself from her organization, to wit: Naval Technical Training Center Lackland, located at Air Force Base, Texas, and did remain so absent until on or about 0200 hours 011103.
          Specification 2: In that Seaman Apprentice K_ R. T_ (Applicant) , U.S. Navy, Naval Technical Training Center Lackland, on active duty, did, on or about 2130 hours 011108, without authority, absent herself from her organization, to wit: Naval Technical Training Center Lackland, located at Air Force Base, Texas, and did remain so absent until on or about 0700 hours 011128.
          Award: Forfeiture of $585.55 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
011130 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of pattern of misconduct.

011130 :  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 .
011211 :  Commanding Officer, Naval Technical Training Center recommended to Chief of Naval Air Training that Applicant be discharge d under other than honorable conditions by reason of misconduct due to pattern of misconduct. Commanding Officer’s comments : “ SA T_ (Applicant) has been to CO’s Mast twice for being UA. She displays complete disregard for military authority. The chain of command has exhausted their efforts to assist her. This case warrants she be expeditiously separated from the naval service with an Under Other Than Honorable Discharge .”
0 11212 :  GCMCA, Chief of Naval Air Training authorized 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 20011221 by reason of misconduct due to a pattern of misconduct (A ) 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 ( B and C ).

The Applicant desires an upgrade because she is “very ashamed of [her] reasons for being discharged.” When a Sailor’s service has been honest and faithful, it is appropriate to characterize that service under honorable conditions. Characterization of service as 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. There is irrefutable evidence that the Applicant’s conduct during her time in the Navy was not honorable. Indeed, the Applicant’s records contain:
•         Non-judicial punishment proceedings on 20011005 for violation of UCMJ Article 86 Unauthorized absence and Article 92 Failure to obey order or regulation;
•         Retention warning entry on 20011005 for deficiencies in performance and conduct concerning disobeying a lawful order and being UA and
•         Non-judicial punishment proceedings on 20011130 for violation of 2 specifications of UCMJ Article 86 Unauthorized absence.
 The Applicant’s conduct, which forms the primary basis for determining the character of her service, falls well below that required for an honorable characterization of service. An upgrade to honorable would be inappropriate; therefore relief is denied.

The Applicant is advised that the Board has no jurisdiction over reenlistment, reentry, or reinstatement into any of the Armed Forces. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. Since these issues do not serve to provide a foundation upon which the Board can grant relief, relief on this basis 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 post-service accomplishments or any other evidence related to the discharge at that time. 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 . 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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