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NAVY | DRB | 2006_Navy | ND0600368
Original file (ND0600368.rtf) Auto-classification: Denied


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

ex-AOAA, USN
Docket No. ND06-00368

Applicant’s Request
The application for discharge review was received on 20051229 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable and the Narrative Reason for Separation be changed to “ Convenience of the Government/RE-1 code . ” 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 20061102. 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 and reason for 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 attached letter:
“ Dear DRB: The following issues are the reasons I believe my discharge should be upgraded to Honorable. If you disagree, please explain in detail why you disagree. The presumption of regularity that might normally permit you to assume that the service acted correctly in characterizing my service as less than honorable does not apply to my case because of the evidence I am submitting

1. My average conduct and efficiency rating/behavior and proficiency marks were good.
2. My record of promotions showed I was generally a good service member.
3. I received letters of re commendations.
4. My use of alcohol impaired my ability to serve .”
M_ C_ R_ (signed) (Applicant)
SSN# (social security number deleted)
 Applicant’s mailing address deleted


Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Letter from Applicant, undated
 Applicant’s DD Form 214 (Member 1)
Applicant’s DD Form 214 (Member 4)
Honorable Discharge Certificate, dtd February 2, 1995
 Copy of Passport, Social Security Card, and Texas Department of Public Safety Identification card
Recruit Training Command Honor Certificate, dtd August 2, 1991
United States Navy Recruit Command Certificate of Commendation, undated
Letter of Commendation, dtd November 5, 1991
Letter of Commendation, dtd July 31, 1991
 Letter of Commendation, period June 12 1991 to August 6 1991
Certificate of Appointment to Pay Grade of Airman, dtd July 29, 1991
Certificate of Achievement from the Retired Officers Association, dtd August 6, 1991
Certificate of Appreciation Scout Base ’94, undated (2)
 Letter of Commendation, period February 21 1996 to March 13 1996
Letter of Commendation, period April to November 1995
Letter of Appreciation, dated December 3, 1996
 Naval Aviation Schools Command , Certificate of Completion for Naval Airman Candidate School , dtd September 27, 1991
 Naval Aviation Schools Command , Certificate of Completion for Rescue Swimmer School , dtd February 26, 199 3
Naval Air Technical Training Center Millington, Certificate of Completion for Aviation Antisubmarine Warfare Operator Course, Class A1, dtd February 12, 1992
 Department of the Navy, Certificate of Completion for Survival, Evasion, Resistance, and Escape Training, dtd April 2, 1992
Department of the Navy, Certificate of Completion for Basic Common Core e-050 0100, dtd June 18, 1992
 Department of the Navy, Certificate of Completion for SH-60B Fleet Replacement Lamps MK III Aircrew Training Category 1 E-050-2510, dtd March 18, 1994
Certificate of Completion for Plane Captain, dtd February 8, 1994
 Naval Air Maintenance Training Group, Certificate of Completion for Shipboard Air Launched Weapons Supervisor (c-646-3103) (71 hours in length), dtd October 19, 1995
 Department of the Navy, Certificate of Completion for Shipboard Security Engagement Tactics (K-830-2213) conducted by the Naval Criminal Investigative Service, dtd 20-24 March 1995
Naval Air Technical Training Center Millington, Certificate of Completion for Aviation Ordnanceman Course, Class A1, dtd December 6, 1994
Enlisted Performance Evaluation Report covering the period of 91AUG07 to 91OCT21 (2 pgs) .
 Enlisted Performance Evaluation Report covering the period of 91AUG07 to 92 NOV07 (2 pgs).
 Enlisted Performance Evaluation Report covering the period of 92NOV08 to 93JAN31 (2 pgs).
Enlisted Performance Evaluation Report covering the period of 93FEB26 to 93APR29 (2 pgs).
 Enlisted Performance Evaluation Report covering the period of 94MAR14 to 9 4 JUN 30 (2 pgs).
 Enlisted Performance Evaluation Report covering the period of 94AUG27 to 95FEB03 (2 pgs).
 Enlisted Performance Evaluation Report covering the period of 9 5FEB04 to 9 5 JUN 30 (2 pgs).
 Evaluation Report & Counseling Record for the period of 96APR01 to 96JUL15 (2 pgs)
Evaluation Report & Counseling Record for the period of 96JUL16 to 96NOV09 (2 pgs)
 Resume
Letter of Support from Dr A_ D_, Angelo State University, Department of History, dtd August 1, 2005 (2 pgs)
Letter of Completion from L_ P_, LPC, River Crest Hospital Outpatient program, dtd January 9, 2004
 Academic Transcript from the Ocean Corporation Ultimate Divers Training , dtd July 26, 2001
 Diploma from the Ocean Corporation Ultimate Divers Training, dtd July 26, 2001
Certificate of Completion for Personal Survival, dtd December 11, 2003
 Certificate of Completion from the Ocean Corporation for 40 hours Hazardous Materials Training, dtd July 26, 2001
 Certificate of Award from the Ocean Corporation for 8 hours Academic Training Liquid Penetrant Level II, dtd July 26, 2001
 Certificate of Award from the Ocean Corporation for 12 hours Academic Training Magnetic Particle Level II, dtd July 26, 2001
 Certificate of Award from the Ocean Corporation for 40 hours Academic Training Ultrasonic Level II, dtd July 26, 2001
 Certificate of Award from the Ocean Corporation for 16 hours Academic Training Magnetic Particle Level I, dtd July 26, 2001
 Certificate of Award from the Ocean Corporation for 40 hours Academic Training Ultrasonic Level I, dtd July 26, 2001
 Certificate of Award from the Ocean Corporation for 8 hours Academic Training Liquid Penetrant Level I, dtd July 26, 2001
Certificate of Completion from the Texas A&M University System Emergency Services Training Institute Center for Marine Training and Safety for Sea Survival and Safety Training Course, dtd May 23, 2001

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19900607 - 19910603       COG
          Active: USN      19910604 - 19950202       HON
Period of Service Under Review :
Date of Enlistment: 199 50203              Date of Discharge: 19961120

Length of Service (years, months, days):

          Active: 0 1 0 9 17
         Inactive: None

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

Age at Entry: 22

Years Contracted: 6

Education Level: 12                                 AFQT: 65

Highest Rate: AO 3
Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 4 .0 ( 1 )              Behavior: 4 .0 ( 1 )                 OTA: 4 .00

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214 ): National Defense Service Medal, Sea Service Deployment Ribbon , Letter of Commendation (2)


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 :

950223 :  Reenlisted this date for a term of 6 years.
950817:  NJP this date [Extracted from page 9, no other information].
960328:  NJP for violation of UCMJ, Article 86: Failure to go on 0630, 960319.
         Violation of UCMJ, Article 91 (4 Specs): Assault on 960319; failure to obey a lawful order on 960319; disrespect in language on 960319.
 Violation of UCMJ, Article 134: Drunk and disorderly on 960319.
         Award: Forfeiture of $300.00 pay per month for 1 month, restriction and extra duty for 30 days, reduction to E-3. No indication of appeal in the record.

961019:  NJP for violation of UCMJ, Article 86 (2 specs): UA from fleet landing, Bahrain on 0100, 961011 to 0200, 961011; failure to go on 0630, 961011.
          Violation of UCMJ, Article 89: Disrespect toward a commissioned officer on 961011.
 Violation of UCMJ, Article 90: Disobey a lawful command from a commissioned officer on 961011.
Violation of UCMJ, Article 91 (4 Specs): Disrespect toward a petty officer on 961011.
 Violation of UCMJ, Article 92: Disobey a lawful order from a petty officer on 961011.
 Violation of UCMJ, Article 128 (2 Specs): Assault consummated by battery on 961011 .
Violation of UCMJ, Article 134 (6 Specs): Communicated a threat on 961011 ; incapacitated for duty on 961011 drunk and disorderly on 961011 .
          Award: Forfeiture of $ 490. 00 per month for 2 month s , 3 days bread and water , reduction to E- 2 . No indication of appeal in the record.
961120:  DD Form 214: Applicant discharged under other than honorable conditions by reason of pattern of misconduct, authority MPM 3630600-COMCRUDESGRU TWELVE 262101Z OCT 96.

Service Record did not contain the Administrative Discharge package.
Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19961120 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 Board presumed regularity in the conduct of governmental affairs (E).
The Applicant requests upgrade of the characterization of his discharge 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 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 three nonjudicial punishment proceedings for violations of UCMJ Articles 86 (unauthorized absence), 89 (Disrespect towards superior commissioned officer), 90 (disobey lawful order), 91 (insubordinate conduct by striking ), 92 (disobey other lawful order), 128 (Assault consummated by battery), and 134 (drunk and disorderly) . Violations of Articles 90, 91, 92, and 128 are considered serious offenses for which a punitive discharge is authorized at courts martial. 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 also requests a change of the Narrative reason for his discharge from misconduct to convenience of the government. The summary of service clearly documents that misconduct due to pattern of misconduct was the reason the Applicant was discharged. No other Narrative Reason for Separation could more clearly describe why the Applicant was discharged. Regulations limit the Board’s review to a determination on the propriety and equity of the discharge. In the Applicant’s case, the Board could discern no impropriety or inequity and therefore considers his discharge proper and equitable. Relief denied.

The Applicant contends that his problems in the Navy can be attributed to his "use of alcohol." While the Applicant may feel that his abuse of alcohol was the underlying cause of his misconduct, the record clearly reflects his willful misconduct and demonstrated he was unfit for further service. The evidence of record did not show that the Applicant was either not responsible for his conduct or that he should not be held accountable for his actions. 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 14, effective 03 Oct 96 until 11 Dec 97), 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 s 89 (Disrespect towards superior commissioned officer), 91 (insubordinate conduct by striking ), 92 (disobey other lawful order), 128 ( a ssault consummated by battery), and 134 (drunk and disorderly) .

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 .

 E. 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 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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