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NAVY | DRB | 2006_Navy | ND0600407
Original file (ND0600407.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT


 FOR OFFICIAL USE ONLY

ex-MSSN, USN
Docket No. ND06-00407

Applicant’s Request
The application for discharge review was received on 20060123 . The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions) . The Applicant requests a documentary record discharge review. The Applicant designate d the Veteran of Foreign Wars a s his representative on the DD Form 293. In a letter, dated January 24, 2006, the Applicant was informed that he was approaching the 15-year point for review by this Board and may only be eligible for one review before our Board.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20061116 . 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 commission of a serious offense.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 Applicant’s issues, as stated on the attached letter:

“ I spent my 1 st 4 years in the fleet. I had a good service record running the galley as a E-4. I worked for the E-7 and above and also worked for the officers in the wardroom. I did a couple months as the Captains cook. I did what my job asked above and beyond what was required. I enjoyed my work & responsibility and was very happy doing it. During my 4 years my fleet was sent to the Persian Gulf. I felt it was a honor to serve my country and was very proud to do it. I decided to re-en l st after an honorable discharge. thinking that being in the navy would be my career. After my re-enlistment life delt me a low blow and I failed to recover, which to this day I regret. My wife filed for divorce and I felt I had lost her & my daughter, feeling no hope I turned to alcohol and made some bad decisions. I feel I served my country for 4 years and did a excellent job. I’m still proud I served in the Gulf for ou r country. I returned home went to college and got a Bachelor Degree as an Electrician. I enjoyed it in the navy. I feel anyone serving in the military & going to the Persian Gulf should be honored in some form I hope you will agree .”
[signed] L_ E_ (Applicant)
Applicant’s representative submitted no issues.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Employment Reference ltr from R_ B_, Branch Manager, Supervisor, T_’s Electric Service, Inc dtd September 20, 2005
Employment Reference ltr from J_ B_, dtd September 15, 2005 (handwritten)
 Letter of Recommendation from CDR B_ S. D_, Nurse Corps United States Navy, dtd September 20, 2005
 Department of Veteran Affairs, Appointment of Veterans Service Organization a s Claimants Representative, dtd September 20, 2005 (3 p a g e s)
 Applicant’s DD Form 214 (Member 4)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19870430 - 19870517       COG
         Active: USN      19870518 - 19910421       HON
Period of Service Under Review :
Date of Enlistment: 19910422              Date of Discharge: 19921229

Length of Service (years, months, days):

          Active: 0 1 0 8 0 7
         Inactive: None

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

Age at Entry: 23

Years Contracted: 4

Education Level: 12                                 AFQT: 49

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

 Performance: 4 .0 ( 1 )              Behavior: 3 . 8 ( 1 )                  OTA: 3 . 8 0

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): First Good Conduct Award for period ending 91APR30 , Sea Service Deployment Ribbon , B attle ”E” Award .


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

UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct - commission of a serious offense , authority: MILPERSMAN, Article 3630600.
Chronological Listing of Significant Service Events :

910422 :  Reenlisted this date for a term of 4 years .

920917 :  NJP for violation of UCMJ, Article 92 : Failure to obey order or regulation .
 Violation of UCMJ, Article 111 : Drunken or reckless driving .
          Award: R estriction and extra duty for 3 0 days, reduction to E- 3 . No indication of appeal in the record.
920928 :  Applicant notified of intended recommendation for discharge by reason of misconduct as evidenced by commission of a serious military offense. If separation is approved, the characterization of service may be under other than honorable conditions.

921001 :  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.
921006:  Applicant waived Administrative Discharge Board , did not object to discharge .
921009:  Commanding Officer, Naval Air Station Memphis to Officer in Charge,
Personnel Support Detachment Memphis (Code 135) remitting the
30 days restriction awarded to Applicant at CO’s NJP of 17 Sep 1992.

921009:  Applicant’s request for voluntary administrative leave approved.
921019 :  Commanding Officer, Naval Air Station Memphis recommended to Chief of Naval Personnel (Pers-83) that applicant be discharge d under other than honorable conditions by reason of misconduct as evidenced by commission of a serious offense . Commanding Officer’s comments : “ I strongly recommend that MSSN E_ (Applicant) be discharged from the naval service with an Other Than Honorable discharge as soon as possible. He has no potential for further honorable service. ”
921216 :  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct commission of serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19921229 by reason of misconduct due to commission of a serious offense (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 states “I spent my 1 st 4 years in the fleet. I had a good service record running the galley as a E-4. I did what my job asked above and beyond what was required.” 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. The Applicant correctly stated his good service during his initial enlistment which was accurately characterized as honorable. However, 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 during his second enlistment was marred by one nonjudicial punishment proceeding for violations of Articles 92 (Failure to obey order or regulation) and 111 (Drunken or reckless driving) of the UCMJ. Violations of UCMJ Articles 92 and 111 are considered serious offenses for which a punitive discharge is authorized if adjudged by a court-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 contends that his problems in the Navy can be attributed to alcohol and making some bad decisions after his wife filed for divorce causing him to feel hopeless. Although the Applicant claims that alcohol and his divorce were the underlying causes 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 claims he returned home went to college and obtained his Bachelor Degree as an electrician. 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 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), effective 15 Aug 91 until
04 Mar 93, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - COMMISSION OF A SERIOUS OFFENSE.

 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 92 (Failure to obey order or regulation) and 111 (Drunken or reckless driving).

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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