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NAVY | DRB | 2006_Navy | ND0600772
Original file (ND0600772.rtf) Auto-classification: Denied


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

ex-MMFA, USN
Docket No. ND06-00772

Applicant’s Request
The application for discharge review was received on 20060517 . 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 20070223 . 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 a pattern of misconduct .
The NDRB did note administrative error(s) on the original DD Form 214. Block 18, Remarks, should contain the following statement: “CONTINUOUS HONORABLE ACTIVE DUTY FROM 910813 UNTIL 931214 .” The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated
The Applicant claims he had a hard time adjusting to life onboard ship.

The Applicant is claiming youth and immaturity as a contributing factor in his misconduct.

The Applicant is claiming post service equity.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Applicant’s DD Form 214
 Laborers’ International Union Membership Card

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19900817 - 19910812       COG
          Active: USN      199 1 0813 - 19931214       HON
Period of Service Under Review :
Date of Enlistment: 19931215              Date of Discharge: 19950309

Length of Service (years, months, days):

          Active: 0 1 0 2 25
         Inactive: None

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

Age at Entry: 20

Years Contracted: 6

Education Level: 12                                 AFQT: 86

Highest Rate: MM2

Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3 . 1 ( 5 )               Behavior: 3 . 2 ( 5 )                  OTA: 3 . 48

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


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 :

931215 :  Reenlisted this date for a term of 6 years.
940317:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
 Violation of UCMJ, Article 92: Failure to obey a lawful order or regulation.
         Award: Forfeiture of ½ pay per month for 2 months (suspended for 6 months), loss of civilian clothes for 6 months, reduction in rate. No indication of appeal in the record.
940319:  Retention Warning: Advised of deficiency (violation of UCMJ articles 92 (failure to obey a lawful order or regulation), and 86 (unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
940331:  Applicant completed Level III Alcohol Rehabilitation Therapy.

940331:  Applicant discharged to full duty after refusal of treatment with recommendation for administrative separation in accordance with OPNAVINSTR 5350.4B.

940501:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order.
 Award: Forfeiture of ½ pay per month for 2 months (1 month suspended), restriction and extra duty for 15 days, reduction in rate (suspended for 6 months). No indication of appeal in the record.
940506:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Violation of UCMJ, Article 92: Failure to obey a lawful order.
         Award: Forfeiture of $543.00 pay per month, restriction and extra duty for 45 days, reduction to E-4. No indication of appeal in the record.
940701:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order.
         Award: Forfeiture of $511.00 pay per month for 2 months, restriction and extra duty for 15 days, reduction in rate. No indication of appeal in the record.

 941228:  NJP for violation of UCMJ, Article 86: Unauthorized absen c e.
 Award: Restriction and extra duty for 30 days, reduction to E- 2 . No indication of appeal in the record.
950120 :  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 four punishments under the UCMJ within your current enlistment and misconduct due to commission of a serious offense as evidenced by violation of UCMJ Article 92 (3 counts) and alcohol abuse rehabilitation failure.

 950 1 20 :  Applicant advised of rights and having elected not to consult with counsel , elected to waive all rights except the right to submit statements on own behalf either verbally of in writing .
950202 :  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense (3 counts) and alcohol abuse rehabilitation failure .
950301 :  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 19950309 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 is requesting an honorable discharge. 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 and 5 nonjudicial punishment proceedings for violations of Articles 86 (Unauthorized absence) and 92 (Failure to obey a lawful 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 claiming post service equity in his case. 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, credible evidence of a substance free lifestyle 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 is claiming youth and immaturity as a contributing factor in his misconduct. The statement contained in the application that the Applicant’s admission was due to his youth and immaturity was found to be insufficient justification to warrant a change in the Applicants characterization or narrative reason for 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. 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 a lawful 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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