DEPARTMENT OF THE NAVY
 NAVAL DISCHARGE REVIEW BOARD (NDRB)
                     DISCHARGE REVIEW
                   DECISIONAL DOCUMENT

   ex-FR, USN
Docket No. ND05-00376

Applicant’s Request

The application for discharge review was received on 20041227.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.   The Applicant requested a documentary record review.  The Applicant did not list any representative on the DD Form 293.

Decision

A documentary review was conducted in Washington, D.C. on 20050412.  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)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

No issues were submitted by the Applicant.

Documentation

In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:

None

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Inactive: USNR (DEP)	910531 - 910701	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  910702		Date of Discharge:  940217

Length of Service (years, months, days):

	Active:    02  07  16
	Inactive:  None

Age at Entry: 17 (Parental Consent) Years Contracted:  4

Education Level:  12			AFQT:  42

Highest Rate:  FA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (3)		Behavior:  3.27 (3)		OTA:  3.33

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SASM

Days of Unauthorized Absence:  None

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

GENERAL (UNDER  HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

920911:	NJP for violation of UCMJ, Article 86: Absence from unit, to wit: USS OKINAWA, located at NAVSTA, SAN DIEGO, CA from 0700, 920817 to 0530, 920819; violation of UCMJ Article 91: Disrespect toward a petty officer, was disrespectful in deportment toward QM2 S_, USN, by continually displaying belligerent conduct toward said petty officer;  violation of UCMJ Article 121: Wrongful appropriation of two 5” inch blade knives, of a value less than $100.00, the property of the U.S. Military.
	Award:  Restriction for 10 days.  No indication of appeal in the record.

921030:	NJP for violation of UCMJ, Article 86 (3 Specifications): Unauthorized absence from unit, to wit: USS OKINAWA located at NAVSTA SAN DIEGO, CA (2 specifications), violation of UCMJ Article 92: Failure to go to appointed place of duty, to wit: DC Central as the DC Central watch (1 specification), violation of UCMJ Article 92: Disobeying a lawful order; to wit: CO’s verbal order to replace his rating insignia on his uniform.  
	Award:  Restriction and extra duty for 30 days.  No indication of appeal in the record.

921204:	NJP for violation of UCMJ, Article 86 (4 specifications): Failure to go to appointed place of duty, to wit: Restricted men’s muster.
	Award:  Restriction and extra duty for 5 days.  No indication of appeal in the record.

930402:	NJP for violation of UCMJ, Article 117: Provoking speech on 930310.
Award:  Forfeiture of $100.00 pay per month for 2 months (1 month suspended for 6 months), restriction and extra duty for 30 days (25 days suspended for 6 months).  No indication of appeal in the record.

930402:	Retention Warning from [USS CAMDEN (AOE-2)]:  Advised of deficiency (CO’s NJP 930402, for violation of UCMJ, Article 117, provoking speech on 930310), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930409:	NJP for violation of UCMJ, Article 92: Fail to obey lawful order by missing restricted men’s muster on 930405.
Award:  Forfeiture of $50.00 pay per month for 1 month.  No indication of appeal in the record.

930708:	Punishment of restriction and extra duty for 25 days suspended at CO’s NJP on 930402 vacated this date due to continued misconduct.

930708:	NJP for violation of UCMJ, Article 92: Dereliction of duty on 930617.
	Award: Forfeiture of $200.00 pay per month for 1 month, reduction to E-1 (suspended for 6 months).  No indication of appeal in the record.

930719:	NJP for violation of UCMJ, Article 92 (3 Specifications): Failure to obey lawful order by missing restricted men’s muster each on 930717.
	Award:  Confinement on Bread & Water for 3 days.  No indication of appeal in the record.

930810:	NJP for violation of UCMJ, Article 92: Fail to obey lawful order by missing restricted men’s muster on 930801.
Award:  Forfeiture of $50.00 pay per month for 1 month.  No indication of appeal in the record.

930903:	NJP for violation of UCMJ, Article 92 (2 Specifications): Dereliction of duty on 930812 by sleeping on watch and dereliction of duty on 930818 for failing to maintain proper logs on watch.
Award:  Forfeiture of $150.00 pay per month for 2 months, restriction and extra duty for 30 days, reduction to E-1.  No indication of appeal in the record.

930908:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct as evidenced by all punishments under the UCMJ in his current enlistment.

930913:	Applicant advised of rights and having consulted with counsel certified under UCMJ, Article 27(b), elected to appear before an Administrative Discharge Board.

930923:	NJP for violation of UCMJ, Article 92 (4 Specifications): Failure to obey lawful order by missing restricted men’s muster on 930903, 930905, 930916, and 930918.
	Award:  Confinement on Bread & Water for 3 days.  No indication of appeal in the record.

931031:	NJP for violation of UCMJ, Article 91: Disrespect to CPO on 931008.
	Award:  Forfeiture of $407.00 pay per month for 1 month.  No indication of appeal in the record.

931223:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to pattern of misconduct, that the misconduct warranted separation, and recommended discharge general (under honorable conditions).

940124:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct pattern of misconduct as evidenced by all punishments under the UCMJ in his current enlistment.

940208:	BUPERS directed the Applicant's discharge with a general (under honorable conditions) by reason of a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19940217 with a general (under honorable conditions) for misconduct due to a pattern of misconduct (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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).

A characterization of service of under honorable conditions (general) 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 award of 11 nonjudicial punishment (NJP) proceedings for violation of UCMJ Article 86 (Unauthorized absence), Article 91 (Disrespect), Article 92 (Failure to obey a lawful order, and Article 117 (Provoking speech). The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service. 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.  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 5, effective 05 Mar 93 until 21 Jul 94), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - A 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, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

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.

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