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NAVY | DRB | 2006_Navy | ND0600548
Original file (ND0600548.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND06-00548

Applicant’s Request
The application for discharge review was received on 20060314 . 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 did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 200701 10 . 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 dischar ge shall not change. The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to a pattern of misconduct .



PART I - ISSUES AND DOCUMENTATION

Decisional Issues :

Equity:  Inexperience and immaturity

Equity: Job opportunity

Equity: Post service
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214 (Service 2)
 L etter from Applicant, dtd January 25, 2006
 Reference letter from J_ S_, Police Chief, Cottonwood Police Department, dtd January 25, 2006
 Reference letter from L_ S_, Mayor, Town of Cottonwood, dtd January 25, 2006
 Evaluation Report & Counseling Record, dtd July 16, 1997 until October 14, 1997
 Evaluation Report & Counseling Record, dtd January 16, 1997 until July 15, 1997
Evaluation Report & Counseling Record, dtd October 06, 1995 until January 15, 1996
 Special Request Authorization, dtd March 20, 1997

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19941119 - 19950626      COG
         Active: None

Period of Service Under Review :
Date of Enlistment: 19950627             Date of Discharge: 19971022

 Length of Service (years, months, days):

         Active: 0 2 0 3 26 (Does not exclude lost time.)
         Inactive: None

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

Age at Entry: 1 7 (Parental Consent)

Years Contracted: 4 (12-month extension)

Education Level: 12                                 AFQT: 59

Highest Rate: SN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2 . 7 ( 3 )     Behavior: 2 .0 ( 3 )                 OTA: 2 . 50

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service 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 :

950628 :  Retention Warning: Advised of deficiency ( Fraudulent induction as evidenced by your failure to disclose required basic enlistment eligibility information. Marijuana 2x, 4/95, in DEP .), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
970529:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Violation of UCMJ, Article 91: Insubordinate conduct toward Warrant officer, Non-commissioned Officer, or Petty Officer.
 Violation of UCMJ, Article 92: Failure to obey an order or regulation.
         Award: Forfeiture of $100.00 pay per month for 2 months, restriction and for 30 days, reduction to E-1 (suspended for 6 months). No indication of appeal in the record.
970808 :  NJP for violation of UCMJ, Article 86 : Absence without leave.
         Award: Forfeiture of $ 250.00 pay per month for 2 month s , restriction for 45 days, reduction to E-1 (suspended for 6 months). No indication of appeal in the record.
970810:  Reduction in pay grade awarded at NJP on 970529 vacated due to continued misconduct.

970810:  Reduction in pay grade awarded at NJP on 970808 vacated due to continued misconduct.
970810:  NJP for violation of UCMJ, Article 91: Insubordinate conduct toward Warrant Officer, Non-Commissioned Officer, or Petty Officer on or about 1430, 970807.
         Violation of UCMJ, Article 92: Dereliction in the performance of duties on or about 970807.
         Award: Correctional custody for 30 days and forfeiture of $450.00 pay per month for 2 months. No indication of appeal in the record.

970909:  NJP for violation of UCMJ, Article 134: Check, worthless, making and uttering-by dishonorably failing to maintain funds.
         Award: Forfeiture of $450.00 pay per month for 2 months, restriction for 45 days. No indication of appeal in the record.

970916 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ.
970917 :  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

970924 :  Commanding Officer, USS VINCENNES (CG 49) r ecommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to pattern of misconduct. Commanding Officer’s comments: “ SR C_ ’s (Applicant) persistent misconduct is prejudicial to good order and discipline, and indicates a total lack of core values. I very strongly recommend he be separated from the Naval service with an Other Than Honorable Discharge. ”
971010 :  Commander, Carrier Group FIVE , directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a p attern of m isconduct.


PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19971022 by reason of misconduct due to a pattern of misconduct (A and B) with a service characterization of uncharacterized 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).
Equity – Inexperience and immaturity: The Applicant requests an upgrade, contending that because of his “inexperience and immaturity, [he] did not use all of [his] resources to resolve this issue.”

The Board recognizes that serving in the U.S. Navy is challenging. Our country is fortunate to have men and women willing to endure the hardships and sacrifices required in order to serve their country. Most servicemembers begin their service at a relatively young age. It must be noted that despite their relative youth and immaturity, the vast majority of these members still serve honorably and therefore earn their honorable discharges. In fairness to those members, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due. After a thorough review, the Applicant’s records did not show that he was not responsible for his conduct and therefore should not be held accountable. The Board concluded that his service was equitably characterized. Relief on this basis is denied.

Equity – Job opportunity: The Applicant informs the Board that he “cannot obtain a meaningful job due to the status of [his] discharge.”

The Applicant is advised that there is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits or enhancing employment and educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge. Since these issues do not serve to provide a foundation upon which the Board can grant relief, relief on this basis is not warranted.

Equity – Post service: The Applicant further contends that he has been “a model citizen” since leaving the service.

While 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 service, the Board 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. Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than honorable discharge. The Applicant submitted two character references for consideration. The Applicant’s efforts need to be more encompassing to include evidence of continuing educational pursuits, verifiable employment records, and documented community service. At this time, there is not sufficient documentation of post service character and conduct to mitigate the misconduct that resulted in the characterization of discharge. And so, no relief is granted on this basis.

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 post-service accomplishments or any other evidence related to the discharge at that time. 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 91 Insubordinate conduct and Article 92 Failure to obey order or regulation .

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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