Search Decisions

Decision Text

NAVY | DRB | 2006_Navy | ND0600336
Original file (ND0600336.rtf) Auto-classification: Denied


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

ex-MMFA, USN
Docket No. ND06-00336

Applicant’s Request
The application for discharge review was received on 20051221 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed and the Narrative Reason for Separation be changed to “ RE-1 ” . The Applicant requests a personal appearance hearing discharge review before a traveling panel closest to Sacramento, CA . The Applicant did not designate a representative on the DD Form 293.
In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in Washington DC at the Washington Navy Yard . The NDRB also advised that the Board first conducts a documentary review prior to any personal appearance hearing.

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 would like to request that the Character of Discharge and the Reenlistment code is upgraded to allow reenlistment . I feel that I have learned a lot from my past mistakes. Most of the trouble in the Navy was due to my immaturity and separation from family members. Since my separation I have made permanent lifestyle changes which would be an asset to the military. My main objective for this request is to go in the US Army with a goal of completing a 20 year military career. I have contemplated this situation every since my discharge with the hopes of reentry and the chance to serve my country. Also note that I come from a family with a long history of military service and would like the opportunity to continue this tradition. Please consider this request and the attached documents of support during your decision. ”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
 Character Reference ltr from M_ A. W_, USMC. RET, undated
 Character Reference ltr from C_ E_, dtd November 7, 2005
 Character Reference ltr from N_ K_, dtd November 9, 2005
Character Reference ltr from T_ E. K_ Sr, dtd November 9, 2005
 Cover ltr from M_ D. K_ Jr, Veteran Service Officer, dtd December 9, 2005 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     1990121 4 – 19910 7 24       COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 19910 7 25              Date of Discharge: 19931124

Length of Service (years, months, days):

          Active: 0 2 0 4 0 0 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):

         Unauthorized absence: 4 day s
         Confinement:              3 days

Age at Entry: 1 8

Years Contracted: 4

Education Level: 12                                 AFQT: 48

Highest Rate: MMFA

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3 . 2 ( 2 )              Behavior: 3 . 2 ( 2 )                 OTA: 3 . 2 0

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Southwest Asia Service Medal, National Defense Service Medal, Sea Service R ibbon , B attle Efficiency Award .


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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: MILPERSMAN, Article 3630600.
Chronological Listing of Significant Service Events :

920619:  Applicant acknowledges understanding that as a member of the weight control program Applicant previously informed of requirement for mandatory attendance at remedial physical training. Acknowledges having chosen not to attend the training offered by the command. Acknowledges that lack of progress towards the Navy’s physical readiness requirements has been documented and that continued neglect may result in further administrative action.

930304:  Applicant to unauthorized absence at 0715 on 930304.

 930308:  Applicant from unauthorized absence at 0120 on 930308 (4 days/returned).
930317:  NJP for violation of UCMJ, Article 86: Absent from unit, organization or place of duty 0715, 930304 to 0120, 930308, (3 days, 17 hrs).
          Award: 21 days restrictions. No indication of appeal in the record .

930323:  Retention Warning: Advised of deficienc ies in performance and/or conduct (Violation of UCMJ Article 86; absence from unit, organization, or place of duty-to wit: In that MMFA L_ (Applicant), did, on or about 0715, 930304, without authority, absent himself from his unit at which he was required to be, to wit: USS DULUTH LPD-6 located at Naval Station, San Diego, CA and remained so absent until his return 0120 930308 . ) N otified of corrective actions and assistance available, advised of consequences of further deficiencies, issued disciplinary and discharge warning s .
930802:  Retention Warning: Advised of deficiencies in performance and/or conduct (Overdrawing your bank account by writing bad checks which has lead to repeated letters of indebtedness . ) N otified of corrective actions and assistance available, advised of consequences of further deficiencies, issued disciplinary and discharge warnings .
930818:  Retention Warning: Advised of deficiencies in performance and/or conduct (Financial irresponsibility as evidenced by continued letters of indebtedness even after your previous page 13 counseling session . ) N otified of corrective actions and assistance available, advised of consequences of further deficiencies, issued disciplinary and discharge warnings .
931015:  NJP for violation of UCMJ, Article 86: Absence from unit, organization or place of duty 0745, 931011 to 0715, 931012, 23 hr , 30 min .
          Award: 21 days restriction. No indication of appeal in the record [ Duration of UA period e xtracted from Retention Warning dtd 931019. ]

931019:  Retention Warning: Advised of deficiencies in performance and/or conduct (Violation of UCMJ Article 86; absence from unit, organization, or place of duty-to wit: In that MMFA L_ (Applicant), did, on or about 0745, 931011, without authority, absent himself from his unit at which he was required to be, to wit: USS DULUTH LPD-6 located at Pier 6 NAVSTA, San Diego, CA and remained so absent until his return onboard on or about 0715 931012 . ) N otified of corrective actions and assistance available, advised of consequences of further deficiencies, issued disciplinary and discharge warnings .
931105 :  NJP for violation of UCMJ, Article 86 : Absent from unit, organization or place of duty 1130, 931029, restricted men’s muster .
 Violation of UCMJ, Article 86 : Absent from unit, organization or place of duty 1130, 931102, restricted men’s muster.
         Award: Confinement for 3 days . No indication of appeal in the record [Extracted from Commanding Officer’s message dtd 931112].
931108 :  Applicant notified of intended recommendation for discharge by reason of misconduct due to pattern of misconduct as evidenced by the following Commanding Officer’s non-judicial punishments: 931105, VUMCJ Article 86-Absence from unit, organization or place of duty (2 specification); 931015, VUMCJ Article 86-Absence from unit organization or place of duty ; 930317, VUMCJ Article 86-Absence from unit organization or place of duty .
[Extracted from Commanding Officer’s message dtd 931112] .

931108 :  Applicant advised of rights and having elected not to consult with counsel , elected to waive all rights .
[Extracted from Commanding Officer’s message dtd 931112] .
931112 :  Commanding Officer, USS DULUTH recommended to BUPERS Washington DC that Applicant be discharge d under other than h onorable conditions by reason of misconduct due to a pattern of misconduct . Commanding Officer’s comments : “ MBR (Applicant) is a marginal performer. He has severe discipline problem characterized by an excessive amount of UA’s numerous warnings and lengthy counseling from his chain of command have had no effect on him. MBR continues to be irresponsible, unreliable, and unable to adapt to shipboard conditions. His actions are a severe threat to good order and discipline. MBR should be separated from the naval service immediately. Request characterization of service to be other than honorable .”
931117 :  BUPERS directed th at Applicant be discharge d by reason of misconduct pattern of misconduct with a characterization of service as under other than honorable conditions .

Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19931124 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 Board presumed regularity in the conduct of gov ernmental affairs ( 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 4 retention warnings and 3 nonjudicial punishment proceedings for violations of Article 86 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 has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces. Therefore, NDRB is not authorized to change a reenlistment code. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.

The following is provided for the edification of the Applicant. Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question. The Board discovered no impropriety after a review of Applicant’s case. 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 civilian life subsequent to leaving Naval service. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided sufficient post-service documentation for the Board to consider. Relief denied.

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, Change 5, effective 05 Mar 93 until 21 Jul 94), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - A 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 .

 D . Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs .

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 s olely 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

Similar Decisions

  • NAVY | DRB | 2000_Navy | ND00-00222

    Original file (ND00-00222.rtf) Auto-classification: Denied

    ND00-00222 Applicant’s Request The application for discharge review, received 991202, requested that the characterization of service on the discharge be changed to 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 (C and D).In the applicant’s issue 1, the Board does not accept alcohol abuse as a factor sufficient to exculpate the applicant...

  • NAVY | DRB | 2001_Navy | ND01-01065

    Original file (ND01-01065.rtf) Auto-classification: Denied

    ND01-01065 Applicant’s Request The application for discharge review, received 010810, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a documentary record discharge review. 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:Naval Council of Personnel Boards Attn: Naval Discharge Review Board 720...

  • NAVY | DRB | 2000_Navy | ND00-00406

    Original file (ND00-00406.rtf) Auto-classification: Denied

    880625: NJP for violation of UCMJ, Article 86 (3 Specs): UA from unit; violation of UCMJ Article 92: disobeyed a lawful written order.Award: Forfeiture of $100 per month for 2 months (suspended for 6 months), restriction and extra duty for 30 days. MMFR (Applicant)'s defense counsel states in his appeal letter that the senior member was not a line officer; that with the other ships alongside in Bahrain as well as the USS LASALLE, an 0-4 line officer could have been obtained. After a...

  • NAVY | DRB | 2003_Navy | ND03-01511

    Original file (ND03-01511.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. I just personally feel that I should have received my honorable discharge from the military based on my time in service. At this time, the Applicant has not provided sufficient documentation for the Board to consider an upgrade based on this reason.

  • NAVY | DRB | 2003_Navy | ND03-00698

    Original file (ND03-00698.rtf) Auto-classification: Denied

    The Applicant requests the characterization of service received at the time of discharge be changed to honorable. Hopefully this issue will present itself.Applicant)” Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant’s DD Form 214 Applicant’s statement Chapter 11 General Regulations, Section 5. PART IV - INFORMATION FOR THE APPLICANT If you believe that the decision in your case is unclear, not...

  • NAVY | DRB | 2006_Navy | ND0600555

    Original file (ND0600555.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions) and the Narrative Reason for Separation be changed to “ General.” The Applicant requests a documentary record discharge review. As of this time, the Applicant has not provided any post-service documentation to consider mitigating the misconduct that resulted in the characterization of discharge. The Applicant remains eligible for a personal...

  • NAVY | DRB | 2006_Navy | ND0600192

    Original file (ND0600192.rtf) Auto-classification: Denied

    Issues, as stated The Applicant and his Representative submitted the following issue, which supersedes all prior issues submitted to the Board: “ Equity Issue: On the basis of the medical opinion or record, The American Legion request on this Applicant’s behalf that his characterization of service be upgraded to Honorable because his pattern of misconduct was directly related to his pattern of misconduct was directly related to his undiagnosed mental health condition.In accordance with Title...

  • NAVY | DRB | 2006_Navy | ND0600390

    Original file (ND0600390.rtf) Auto-classification: Denied

    The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Chronological Listing of Significant Service Events : 000511: Point waiver granted for Postal Clerk program.010410: Retention Warning: Advised of deficiencies in performance and/or conduct (Violation of UCMJ Article 86, UA from appointed place of duty on nine separate occasions, 010101, 010103, 010114, 010119, and 010124-010127. As of this time, the Applicant has not...

  • NAVY | DRB | 1999_Navy | ND99-00559

    Original file (ND99-00559.rtf) Auto-classification: Denied

    940630: Counseling concerning personal behavior and responsibilities (failed to attend remedial physical conditioning program, as directed), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.940805: Counseling concerning responsibilities (failed seabag re-inspection - numerous items missing or couldn't find them due to clothes piled up at bottom of locker), notified of corrective actions and assistance...

  • NAVY | DRB | 2004_Navy | ND04-01326

    Original file (ND04-01326.rtf) Auto-classification: Denied

    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. This misconduct resulted in four separate nonjudicial punishment proceedings for violations of UCMJ Articles 86, 91, 92, and 112a. 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...