Search Decisions

Decision Text

NAVY | DRB | 2007_Navy | ND0700866
Original file (ND0700866.rtf) Auto-classification: Denied
ex-MT3, USN
ND07-00866
Current Discharge and Applicant’s Request
Application Received: 20070611   Characterization Received:
Narrative Reason: PATTERN OF MISCONDUCT          Authority: MILPERSMAN 1910-140

 Applicant’s Request:      Characterization change to:
                           Narrative Reason change to: ELECTED BUT NOT SPECIFIED
Applicant’s Issues:       None submitted

Decision

 By a vote of the Characterization shall .
 By a vote of the Narrative Reason shall PATTERN OF MISCONDUCT .
Date: 20 071220             Location: Washington D.C         R epresentation :

Discussion

 An honorable characterization of service is warranted when the quality of a member’s service generally meets the standard of acceptable conduct and performance for naval personnel, or is otherwise so meritorious that any other characterization of service would be clearly inappropriate. A general (under honorable conditions) discharge is warranted when the quality of the member’s service has been honest and faithful but significant negative aspects of the member’s conduct or performance of duty outweighed the positive aspects of the member’s service record. The Applicant’s service was marred by a retention warning and 2 nonjudicial punishments for violations of the Uniform Code of Military Justice, Articles 86, 91 and 107. Violations of Articles 91 and 107 are considered serious offenses for which a punitive discharge is authorized upon conviction at special or general court-martial. An upgrade to honorable is not warranted.

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant. The Applicant requested a change to his Narrative Reason for discharge, but did not specify what change he desired. The Board found that a pattern of misconduct was factually supported, and found no reason to change that reason. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that

Administrative Corrections to the Applicant’s DD 214

 The NDRB did note administrative error(s) on the original DD Form 214 :

“ CONTINUOUS HONORABLE ACTIVE SERVICE FROM 981214 UNTIL 021017 ”
        
The NDRB will recommend to the C ommander, Navy Personnel Command, that the DD 214 be corrected as appropriate.

Summary of Service

Prior Service:
 Inactive: US N R (DEP)      19981106 - 19981213              Active:          19981214 - 20021017
Period of Service Under Review:
 Date of Enlistment: 20021018                        Years Contracted :                          Date of Discharge: 20041014
Length of Service : 01 Yrs 11 Mths 27 D ys                   Lost Time : Days UA: Days Confine d :
Education Level:                  Age at Enlistment:                AFQT: 76          Highest Rank /Rate : MT2
Evaluation marks (# of occasions):       Performance: 4.0 ( 2 )       Behavior: 4.0 ( 2 )                  OTA: 4.15
Awards and Decorations ( per DD 214): Rifle EX , S trategic Deterent Patrol Pin (8), NDSM, Pistol EX , GCM, EnlSubWar Pin

Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge

 20040121:        NJP -- Viol UCMJ Art. 91 - Insubordinate conduct toward Warrant Officer, n oncommissioned o fficer or p etty o fficer.
         Awarded - RIR (E-4) , susp 6 months ; Extra dut ies (45 days), Oral reprimand.

20040128:        Retention Warning for NJP of 20040121.

20040827 :         NJP -- Viol UCMJ Art. 86 - Absence without leave on 20040819; Art. 107 - Fals e official statement on 20040820.
         Awarded - FOP ($ 1052.00 ) for ( 2 months); RIR ( E-4 ); Oral reprimand.

Discharge Process

 Date Notified:                                      
Reason for Discharge:    
Least Favorable Characterization:       

Date Applicant Responded to Notification:                  NOT FOUND IN RECORD
Rights Elected at Notification:                     NOT FOUND IN RECORD (SPD Code GKA indicates Board held)
        
Commanding Officer Recommendation (date):       
Separation Authority (date):     NOT FOUND IN RECORD
Reason for discharge directed: 
Characterization directed:     
Date Applicant Discharged:       20041014

Types of Documents Submitted by Applicant and Considered By Board

 Related to Military Service:      Service and/or Medical Record:            Other Records:

Related to Post-Service Period:         
         Employment:                        Finances:                          Education:               
         Health/Medical Records:                   Substance Abuse:                           Criminal Records:       
         Family/Personal Status:                   Community Service:                References:              
        
Additional Statements From Applicant:    From Representative:             Other Documentation (Describe)

Pertinent Regulation/Law

 A. Naval Military Personnel Manual, (NAVPERS 15560C), re-issued October 2002, effective 22 August 2002 until 25 April 2005, Article 1910-140, SEPARATION 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 II, Para 211, Regularity of Government Affairs , Part V, Para 502, Propriety and Para 503, Equity .

C. 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, Articles 91, Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer; and 107, False official statements.


ADDENDUM: Information for the Applicant

 Complaint Procedures : 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 to the Joint Service Review Activity, OUSD (P&R) PI-LP, The Pentagon, Washington, DC 20301-4000 . 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 . ”

Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provi ded the 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. If a former member has been discharged for more than 15 years , has already been grante d a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

 Service Benefits: 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.
Employmen t / Educational Opportunities : 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.

Reenlistment/RE-code: Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code. Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes. Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities. An unfavorable “RE” code is, in itself, not a bar to reenlistment. A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.
Medical Conditions and Misconduct : DoD disability regulations do not preclude a disciplinary separation. Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons. Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended. The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings. If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record. Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD . ” Only the Board for Correction of Naval Records can grant this type of narrative reason change.

Automatic Upgrades - 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 may 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.

Issues Concerning Bad-Conduct Discharges (BCD ) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed.

Board Membership: 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

Similar Decisions

  • NAVY | DRB | 2007_Navy | ND0700496

    Original file (ND0700496.rtf) Auto-classification: Denied

    Applicant contends that his discharge was inequitable due to inconsistencies in documentation of his alcohol dependency.The service records that the Board reviewed indicate the following: 1) The Applicant went to NJP 20041014 for drunk and disorderly conduct in Guam and damage to government property, 2) completed Alcohol Impact 20041104, 3) was diagnosed as alcohol dependent by a psychologist 20050222, 4) went to NJP on 20050224 for drunk and disorderlyconduct and assault on a commissioned...

  • NAVY | DRB | 2007_Navy | ND0700405

    Original file (ND0700405.rtf) Auto-classification: Denied

    Applicant’s Request:Characterization change to:Narrative Reason change to: Applicant’s Issues:1. After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that . ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15...

  • NAVY | DRB | 2007_Navy | ND0700214

    Original file (ND0700214.rtf) Auto-classification: Denied

    The Applicant’s service was marred by four nonjudicial punishments and two retention warning for violations of UCMJ Articles 86 (unauthorized absence, 6 specifications), 87 (missing movement), 90 (willfully disobeying a superior commissioned officer), 91 (insubordinate conduct, 2 specifications), 92 (failure to obey, 3 specifications), 107 (false official statements), 111 (drunk operation of a motor vehicle), 112 (drunk on watch), and 134 (disorderly conduct and communicating a threat). ...

  • NAVY | DRB | 2007_Navy | ND0700442

    Original file (ND0700442.rtf) Auto-classification: Denied

    The violation of USCM Article 112a forms the basis for the Applicants administrative discharge based on misconduct due to drug abuse. ” Additional Reviews : Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the application is received at the NDRB within 15 years from the date of discharge. Board Membership: 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...

  • NAVY | DRB | 2007_Navy | ND0700345

    Original file (ND0700345.rtf) Auto-classification: Denied

    Discharge Process Date Notified: NOT FOUND IN RECORDReason for Discharge:-Least Favorable Characterization: Date Applicant Responded to Notification:NOT FOUND IN RECORD Rights Elected at Notification: Consult with Counsel Obtain Copies of Documents Submit Statement(s) (date) Administrative Board GCMCA review Commanding Officer Recommendation (date): Separation Authority (date): NOT FOUND IN RECORDReason for discharge directed: Characterization directed: Date Applicant Discharged: 20000929...

  • NAVY | DRB | 2007_Navy | ND0701075

    Original file (ND0701075.rtf) Auto-classification: Denied

    The Board determined that the documentation provided by the Applicant did not mitigate the misconduct which resulted in the Applicant’s discharge and characterization of his service. Appeal denied 19921002: Vacated previously suspended punishment due to continued misconduct.19921002: NJP – Violation of UCMJ Article 86 (unauthorized absence, three specifications): 0630 19920919 UA from restricted muster, 0630 19920922 UA from restricted muster, 0630 19920923 Awarded - FOP ($100/month for two...

  • USMC | DRB | 2007_Marine | MD0700455

    Original file (MD0700455.rtf) Auto-classification: Denied

    Medical/Service Record Entries Related to Characterization of Service or Basis for Discharge 20010702: Applicant counseled concerning an alcohol-related incident specifically getting drunk and going into an unauthorized absence status. Applicant chose not to make a statement.20031016: Medical Record: Reason for visit: Facial Injury due to fight/altercation: Diagnosis: Recommendation:20031201: MARCORSEPMAN 6105 counseling for pattern of misconduct, violation of Articles 86, 92,121, and 134. ...

  • NAVY | DRB | 2007_Navy | ND0700755

    Original file (ND0700755.rtf) Auto-classification: Denied

    After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Medical and Service Record Entries, Discharge Process and evidence submitted by the Applicant, the Board found that Administrative Corrections to the Applicant’s DD 214 The NDRB did note administrative error(s) on the original DD Form 214: “ UNDER OTHER THAN HONORABLE ” The NDRB will recommend to the Commander, Navy Personnel Command, that the DD 214 be corrected as appropriate. Discharge...

  • NAVY | DRB | 2007_Navy | ND0700773

    Original file (ND0700773.rtf) Auto-classification: Denied

    The Applicant’s service was marred by one retention warnings, the award of two nonjudicial punishment (NJP) for violation of the Uniform Code of Military Justice (UCMJ), Article 86 (Unauthorized Absence), Article 91 (Insubordinate conduct toward a petty officer), Article 92 ( Failure to obey a lawful order or regulation), Article 107 (False official statement), Article 111 (Drunken or reckless operation of a vehicle), Article 134 ( Drunkenness), Article 134 (False or unauthorized pass...

  • NAVY | DRB | 2007_Navy | ND0700336

    Original file (ND0700336.rtf) Auto-classification: Denied

    Recommendation on Separation: BY Recommendation on Characterization: BY Commanding Officer Recommendation (date): (20060502) Separation Authority (date): COMMANDER, SUBMARINE GROUP 3 (20060509)Reason for discharge directed: - Characterization directed: Date Applicant Discharged: 20060529 Types of Documents Submitted by Applicant and Considered By BoardRelated to Military Service: Service and/or Medical Record:Other Records: Related to Post-Service Period:...