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NAVY | DRB | 2006_Navy | ND0600437
Original file (ND0600437.rtf) Auto-classification: Denied


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

ex-SHSR, USN
Docket No. ND06-00437

Applicant’s Request
The application for discharge review was received on 20060130 . 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 20061130 . 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 ization 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:

“ My discharge was based on having to many bad checks to my account. I had only 6 months left until my active service was over, and I think that NJP was unfairly given .
Thank-You
[signed] W_ S. H_ Jr.
SSN deleted ”


Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
 Pages from Service Record (10 pgs)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         
         Inactive: USNR (DEP)     19891205 – 19900122       COG
          Active: None

Period of Service Under Review :
Date of Enlistment: 19900123              Date of Discharge: 19930729

Length of Service (years, months, days):

          Active: 0 3 0 6 0 6 (Does not exclude lost time.)
         Inactive: None

 Time Lost During This Period (days):

         Unauthorized absence: 8 day s
         Confinement:              None

Age at Entry: 2 1
Years Contracted: 4

Education Level: 12                                 AFQT: 46

Highest Rate: SHSN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3 . 1 ( 5 )     Behavior: 3 . 3 ( 5 )                  OTA: 3 . 28

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Sea Service Deployment Ribbons with Bronze Star , Navy Unit Commendation, Southwest Asia Medal with 2 Bronze Stars, Kuwait Liberation Medal


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 :

891205:  Local waiver granted for DEP discharge (USN) by the CO, NAVCRUITDIST, JAX. Date discharged 890320, days in DEP: 126, Reason: ZDA-Failure to graduate: Authority: CO.
910606:  Applicant to unauthorized absence at 1900 on 910606.

 910609:  Applicant from unauthorized absence at 1900 on 910609 (3 days/surrendered).
910617:  Applicant to unauthorized absence at 0515 on 910617.

 910617:  Applicant from unauthorized absence at 0815 on 910617.
911021:  Applicant to unauthorized absence at 0700 on 911021.

 911022:  Applicant from unauthorized absence at 0700 on 911022 (1 day/surrendered).
920113:  Applicant to unauthorized absence at 0700 on 920113.

 920113:  Applicant from unauthorized absence at 0715 on 920113.
920211:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 920113 until 0715, 920113.
 Award: Forfeiture of $200.00 pay per month for 2 months, restriction for 30 days, reduction to E-2 ( T he entire punishment awarded is suspended for 6 months) . No indication of appeal in the record.
921218:  Applicant to unauthorized absence at 0700 on 921218.

 921222:  Applicant from unauthorized absence at 1206 on 921222 (4 days/surrendered).
930309:  NJP for violation of UCMJ, Article 86: Failure to go to duty section muster on 930207.
 Violation of UCMJ, Article 92: Negligent dereliction of duty on 930225.
          Award: Restriction and extra duty for 20 days, reduction to E-2. No indication of appeal in the record.
930309:  Retention Warning: Advised of deficiency (CO’s NJP on 930309 for violation of the UCMJ, Article 86 UA from appointed place of duty; Article 92: Negligent dereliction of duty), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
930713:  NJP for violation of UCMJ, Article 134 (3 specs): Uttering worthless checks on 930430, 930514 and 930519, for a total amount of $620.00.
         Award: Restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
930721 :  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by your three nonjudicial punishments and misconduct due to commission of a serious offense as evidenced by your violation of UCMJ, Article 134: Uttering worthless checks.

930721 :  Applicant advised of rights and having elected not to consult with counsel , elected to waive all rights.
930723 :  Commanding Officer, USS SARATOGA (CV 60) recommended to Chief of Naval Personnel (P ERS 8322) that Applicant be discharge d under other than honorable conditions by reason of misconduct due to commission of a serious offense and pattern of misconduct . Commanding Officer’s comments : “ SHSR H_ (Applicant) does not conform to military standards and is aware of the Navy’s policies regarding misconduct. Accordingly, it is recommended that he be separated from the Naval service under Other Than Honorable conditions .”
930728:  Recommendation for advancement to SHSA withdrawn due to declining performance.

930728 :  BUPERS directed 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 19930729 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 claims his discharge was based on having to o many bad check s written to his account. He felt that nonjudicial punishment was unfairly given. 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 one retention warning, 3 nonjudicial punishment proceedings for violations of Articles 86 (Unauthorized absence), 92 (Dereliction in performance of duties) and 134 (Uttering worthless checks). For the edification of the Applicant, the Manual for Courts-Martial authorizes the award of a punitive discharge if Articles 92 and 134 are adjudged as part of the sentence upon conviction by a special or general court-martial 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 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. 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 92 (Dereliction in performance of duties) and 134 (Uttering worthless checks).

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction . You should read Enclosure (5) of the Instruction 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 Instruction 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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