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NAVY | DRB | 2006_Navy | ND0600392
Original file (ND0600392.rtf) Auto-classification: Denied


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

ex-SA, USNR
Docket No. ND06-00392

Applicant’s Request
The application for discharge review was received on 20060112 . 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 a letter, dated January 17, 2006, the Applicant was informed that he was approaching the 15-year point for review by this Board and only eligible for one review before our Board.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061108 . 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 attached letter:

Dear R. D. B_, CWO2, USN, PERSOFF BYDIRCO or to whom this may concern, my name is BM.SA. Mate B_ C_ S_(applicant). I served in the United States Navy from February 6, 1989 to July/1991. Unfortunately, I received an other than honorable discharge. Because of my immaturity, as well as my selfishness, I lost one of the greatest opportunities of my life. I know that my life would have been different if I had remained in the United States Navy. I look into my kids face daily, trying to explain to them about honor, respect, and discipline. Yet, I acknowledge these are the very things that I did not present to my chief, officers, and petty officers. Not only did they try to teach me honor, respect, and discipline, they tried to mold me into a man. There are a lot of choices one makes in life that may affect them in the future. As I acknowledge all the wrong choices I have made, I wish I could go back and change them. If I could, I would give all respect to the ones who tried to help me better my life. Now at the age of thirty-five years of age, I look at a lot of things that would have made a difference in my life. For example: As I fill out applications looking for a career change, my military background is asked for. I would think about the benefits from being a military veteran from serving during a crisis would help benefit my family and I. As I realize the unnecessary, selfish mistakes I have made, I am truly disappointed in myself by making these mistakes. Therefore, I humbly and respectfully request to have my other than honorable discharge due to my misconduct/ pattern of misconduct be up-graded to an honorable discharge. My deepest regret to those whom I have burdened during my lime of service with my immaturity, lack of discipline, and lack of respect. Your time and consideration is respectfully appreciated.

Thank you,

BM.SA B_ C_ S_

[signed] B_ C. S_
.
 Address deleted




Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Statement from Applicant to R. D. B_, CWO2, USN, PERSOFF BYDIRCO, dtd July 14, 2006

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

Period of Service Under Review :
Date of Enlistment: 19881119              Date of Discharge: 19910614

Length of Service (years, months, days):

          Active: 0 2 0 4 0 8
         Inactive: 00 02 18

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

Age at Entry: 1 9

Years Contracted: 8

Education Level: 12                                 AFQT: 24

Highest Rate: SN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3 . 3 ( 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): None


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 :

890207 :  Applicant c ommenced the A ctive Mariner program which consisted of an 8 year obligation an required an initial obligation to serve on active duty for a period of 36 months.

900320:  Applicant Failed to provide a sample for testing for the Command Random Urinalysis.

 900420:  NJP for violation of UCMJ, Article 91: Disrespectful in language towards a PO3 on 900407.
 Award: Restriction and extra duty for 15 days. No indication of appeal in the record.
900420:  Retention Warning: Advised of deficiency (Misconduct as evidenced by your Captains Mast on 900420, for violation of the UCMJ, Article 91-Disrespectful in language towards a PO3 on 900407), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
900719:  NJP for violation of UCMJ, Article 128: Assault on a SN on 900620.
 Award: Restriction and extra duty for 15 days. No indication of appeal in the record.
910112 :  NJP for violation of UCMJ, Article 128 : Assault E-2 by striking on the face with his head 901226 .
 Award: Forfeiture of $ 1 00 .0 0 pay per month for 2 month s , restriction and extra duty for 3 0 days. No indication of appeal in the record.
910219 :  NJP for violation of UCMJ, Article 86 : UA from appointed place of duty 0645, 910119; 0645, 910130; 0645, 910201; 1845, 910203 .
 Award: R eduction to E- 2, confinement on 3 days Bread and Water . No indication of appeal in the record.
910221 :  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of serious offense and a pattern of misconduct as evidenced by all punishments you received under the UCMJ during your current enlistment.

910409 :  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.
910501 :  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed offenses by reason of misconduct due to commission of serious offenses and pattern of misconduct , that such misconduct warranted separation, and recommended discharge under other than honorable conditions.
910530:  Commanding Officer, USS JOHN F. KENNEDY (CV 67) recommended to Commander, Naval Military Personnel Command (NMPC-8322) that Applicant be discharged under other than honorable conditions by reason of misconduct due to commission of serious offense and pattern of misconduct. Commanding Officer’s comments: “The findings and recommendations of the Administrative Board are concurred with and approved.”

910604:  Counsel for the Applicant LT J_ D_ S_ ltr to CNPC claiming applicant was not given a chance to present good character letters that could have changed the Administrative Board determination. Counsel requested the board’s decision be disapproved or, in the alternative, that the characterization of discharge be upgraded to General.

910612:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct pattern of misconduct.

910614:  DD Form 214: Applicant Discharged (other than honorable Misconduct-
 Pattern Of Misconduct). Applicant discharged in Absentia.


PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW


Discussion
The Applicant was discharged on 19910614 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 2 decisional issues for consideration by the Board.
The Applicant states “Because of my immaturity, as well as my selfishness, I lost one of the greatest opportunities of my life.” After a thorough review of the Applicants record, the Board has determined that the Applicant’s separation by reason of misconduct was equitable and proper. The statement contained in the application that the Applicant’s admission was due to his youth and immaturity was found to be insufficient justification to warrant a change in the reason for discharge. Relief denied.

The Applicant states “As I fill out applications looking for a career change, my military background is asked for. I would think about the benefits from being a military veteran from serving during a crisis would help benefit my family and I.” The record shows that the Applicant had a clear pattern of misconduct and was unwilling to comply with standard military rules and regulations. No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation. Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question. No such error or inequity is evident during the Applicant’s enlistment. In addition, there is no requirement or law that grants recharacterization solely on the issue of obtaining veterans’ benefits or to enhance employment opportunities. The Applicants issue does not serve to provide a foundation upon which the Board can grant relief. Relief denied.

The following is provided for the edification of the Applicant. The Applicant has exhausted his appeals before the board; hence the NDRB has no authority to provide additional review of this case since Applicant’s discharge occurred more than 15 years ago. The Applicant may, however, petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100, concerning a change in the characterization of naval service, if he desires further review of his case.






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 s 91 (Contempt, disrespect toward superior noncommissioned or petty officer) , 128 (Assault).
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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