Author: CAP
Last saved by: Department of the Navy
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Docket No. ND99-01197

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

ex-FR, USN
Docket No. ND99-01197

Applicant’s Request

The application for discharge review, received 990909, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000512.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 

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):

	Active:   USN			None
	Inactive: USNR (DEP)	851031 - 860106	COG

Period of Service Under Review:

Date of Enlistment:  860107		Date of Discharge:  880630

Length of Service (years, months, days):

	Active:    02  05  24
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 

Education Level:  12			AFQT:  24

Highest Rate:  FA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.08 (5)	Behavior:  2.84 (5)		OTA:  3.12

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR 

Days of Unauthorized Absence:  3 

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

860620:	NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 121: Larceny.
	Award:  Forfeiture of $336.00 per month for 1 month, restriction and extra duty for 7 days.  No indication of appeal in the record.

860807:	Retention Warning from USS MIDWAY (CV-41). Advised of deficiency (Disciplinary Infraction and Pattern of Misconduct), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

860807:	NJP for violation of UCMJ, Article 128: Assault on 860705.
	Award:  Forfeiture of $200.00 per month for 1 months.  No indication of appeal in the record.

860828:	Retention Warning from USS MIDWAY (CV-41). Advised of deficiency (Disciplinary Infraction and Pattern of Misconduct), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

860828:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 1800, 860817 to 0830, 860819 (1day), violation of UCMJ Article 92: Violation of Midway Instruction on 860816.
	Award:  Correctional Custody for 30 days, forfeiture of $319.00 per month for 1 month.  No indication of appeal in the record.

861113:	Retention Warning from USS MIDWAY (CV-41). Advised of deficiency (Disciplinary Infraction and Pattern of Misconduct), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

861113:	NJP for violation of UCMJ, Article 86: Unauthorized absence from unit 861011-861013(2days/S).
Award:  Forfeiture of $200.00 per month for 1 month, restriction and extra duty for 20 days.  No indication of appeal in the record.

861202:	NJP for violation of UCMJ, Article 86: (17 Specifications), Unauthorized absence from appointed place of duty, to wit: Restricted Men's Muster.
Award:  Confinement on Bread & Water for 3 days. No indication of appeal in the record.

880414:	NJP for violation of UCMJ, Article 128: Assault on another service member at or about 1600, 880322, violation of UCMJ Article 134: Drunk and disorderly at 1600, 880322.
Award:  Forfeiture of $336.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.

880415:	USS MIDWAY (CV-41) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by three or more punishments under the UCMJ within your current enlistment (nonjudical punishments on 860807, 860828, 861113, 861202 and 880414, the latest having occurred while assigned to USS MIDWAY (nonjudicial punishment on 880414 and misconduct due to commission of a serious offense as evidenced by the commission of an offense for which punitive discharge is authorized under the Manual of Courts-Martial.

880415:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

880420:	DAAR indicates alcohol abuse, found not dependent or eligible, recommended separation not via VA Hospital.
  
880422:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense.

880428:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

880608:	UA from 0700-1100, 880608.

880613:	UA from 0700-1030, 880613.

880620:	NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 121: Larceny.
	Award:  Forfeiture of $336.00 per month for 1 month, restriction and extra duty for 7 days.  No indication of appeal in the record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880630 under other than 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).

The applicant introduced no decisional issues for consideration by the Board.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A, effective 870615 - 890110), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT. 

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		Washington Navy Yard
		720 Kennon St SE Rm 309
		Washington, D.C.  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6750/A0100/A9500/A9217