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NAVY | DRB | 2006_Navy | ND0600744
Original file (ND0600744.rtf) Auto-classification: Denied


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

ex-RM2, USN
Docket No. ND06-00744

Applicant ’s Request
The application for discharge review was received on 20060508 . 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 20070308 . 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

Decisional Issues
EQUITY – Post-service accomplishments.
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant , was considered:
Letter to Board for Correction of Naval Records, dated March 3, 2006
 Applicant ’s DD Form 214 (Service 2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19810124 - 19810625       COG
          Active: USN      19810626 - 19850521       HON
                   USN      19850522 - 19890711      HON

 Period of Service Under Review :
Date of Enlistment: 19890712              Date of Discharge: 19940926

Length of Service (years, months, days):

          Active: 0 5 0 2 15
         Inactive: None

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

Age at Entry: 25

Years Contracted: 6

Education Level: 12                                 AFQT: 29

Highest Rate: RM2

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.7 (7 )                        Behavior: 3. 5 ( 7 )                  OTA: 3. 66

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Overseas Service Ribbon (6), Sea Service Deployment Ribbon (2), Southwest Asia Service Medal w/ 1 Bronze Star, Navy Expeditionary Medal (2), Navy “E” Ribbon (2), Meritorious Unit Commendation, Navy Unit Commendation, 1 st Good Conduct Award 910204


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

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

890712 :  Reenlisted this date for a term of 6 years.
930723 :  Retention Warning: Advised of deficiency ( Financial indebtedness and irresponsibility, thereby resulting in letters of indebtedness for failure to pay just debts. ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
930919:  Applicant counseled. [Extracted from Administrative Discharge Board record of proceedings.]
931129:  Applicant counseled. [Extracted from Administrative Discharge Board record of proceedings.]
94072 5 :  Applicant notified of intended recommendation for discharge with the least favorable characterization of service as under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by the discreditable management of your personal and financial affairs resulting in a set pattern of a failure to pay just debts.

940728 :  Applicant advised of rights and having consulted with counsel, elected to appear before an Administrative Discharge Board.
940817 :  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to a pattern of misconduct , that such misconduct warranted separation, and recommended discharge with a general (under honorable conditions).
940822 :  Commanding Officer recommended discharge with a general (under honorable conditions by reason of misconduct due to a pattern of misconduct . Commanding Officer’s comments: “ I support the board’s recommendation for separation under general conditions. ”

940908 :  BUPERS directed the Applicant 's discharge with a general (under honorable conditions) by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19940926 by reason of misconduct due to a pattern of misconduct (A ) 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 ( B and C ).

A general (under 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 a retention warning, removal from the Personal Reliability Program and a set pattern of a failure to pay just debts. 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. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment, reenlistment or educational opportunities. Regulations limit the Board’s review to a determination of the propriety and equity of the discharge. Relief is not warranted.

The Applicant implies that his character of service should be changed on the basis of post-service equity. 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 any post-service documentation to consider mitigating the misconduct that resulted in the characterization of 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, Change 9, effective
22 Jul 94 until 02 Oct 96), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.

B . Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 C . 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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