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NAVY | DRB | 2006_Navy | ND0600663
Original file (ND0600663.rtf) Auto-classification: Denied


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

ex-AZAA, USN
Docket No. ND06-00663

Applicant ’s Request
The application for discharge review was received on 20060419 . 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 20070201 . 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 General (Under Honorable Conditions) by reason of misconduct due to a pattern of misconduct .


PART I - ISSUES AND DOCUMENTATION

Applicant Issues:

The Applicant claims her quality of service outweighs her misconduct.
The Applicant is requesting an upgrade to gain GI Bill benefits to attend school.

Documentation
In addition to the service and medical record s , the following additional documentation, submitted by the Applicant , was considered:
Applicant ’s DD Form 214
 Twenty-nine pages from Applicant ’s service record
Department of Defense, National African American History Month Observance, 2004 Military Honorees
Plane Captain Evaluation Form, dated June 23, 2003
Newspaper article from the Times-Herald, dated May 6, 2003 (2 pages)
Right Spirit in the Dome flyer
 Applicant ’s Student Loan Entrance/Exit Interview, Bank One, dated April 26, 2005
 Applicant ’s pregnancy loss record of death, dated April 6, 2004

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     20001127 - 20010904       COG
          Active: None

 Period of Service Under Review :
Date of Enlistment: 20010905              Date of Discharge: 20050114

Length of Service (years, months, days):

          Active: 03 04 1 0
          Inactive: None

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

Age at Entry: 18
Years Contracted: 4
Education Level: 12                                 AFQT: 31

Highest Rate: AZAN

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.5 ( 2 )*             Behavior: 1.0 ( 2 )*                          OTA : 2.75 *
Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): Navy Unit Commendation; National Defense Service Medal; Armed Forces Expeditionary Medal; Global War on Terrorism Expeditionary Medal; Global War on Terrorism Service Medal; Sea Service Deployment Ribbon (02); 9MM Pistol Marksmanship Ribbon

* Extracted from Applicant ’s supporting documents.


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

GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: MILPERSMAN, Article 1910-140 (formerly 3630600).
Chronological Listing of Significant Service Events :

040707:  NJP for violation of UCMJ, Article 86 : Absence without leave.
Violation of UCMJ, Article 87 : Missing ship’s movement.
         Award: Forfeiture of $ 747. 00 per month for 2 month s , restriction and extra duty for 45 days, defrocked from E- 4, liberty risk. No indication of appeal in the record.
040707:  Retention Warning: Advised of deficiency (Commanding Officer’s nonjudicial punishment for violation of UCMJ, Article 86, absence without leave, and violation of UCMJ, Article 87, missing ship’s movement.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 041010 :  NJP for violation of UCMJ, Article 86 : Absence without leave.
Violation of UCMJ, Article 92 : Failure to obey an order or regulation.
         Award: Forfeiture of $ 668.85 per month for 2 month s (suspended $500.00 for 6 months), r estriction for 6 0 days, reduction to E- 2 and start process for admin separation. No indication of appeal in the record.

041028 :  Forfeiture of pay awarded at NJP on 0410 10 va cated due to continued misconduct.
041209 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as u nder other than honorable conditions by reason of pattern of misconduct and commission of a serious offense (Article 87).

041216 :  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.
050110 :  Commanding Officer, directed discharge with a general (under honorable conditions) by reason of misconduct due to a pattern of misconduct.

Service Record contains a partial 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 20050114 by reason of misconduct due to a pattern of misconduct (A and B) with a service characterization of general (under 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 claims her quality of service outweighs her misconduct. 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. A general 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 warnings, 2 nonjudicial punishment proceedings for violations of Articles 86 (Unauthorized absence), 87 (Missing movement) and 92 (Failure to obey an order or regulation) 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 is requesting an upgrade to gain GI Bill benefits to attend school. For the edification of the Applicant, the Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board. There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge. 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), re-issued October 2002, effective 22 Aug 2002 until 25 April 2005, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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 87 (Missing movement) and 92 (Failure to obey an 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 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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