Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. ND00-00162

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

ex-EMFA, USNR
Docket No. ND00-00162

Applicant’s Request

The application for discharge review, received 991112, 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 000727.  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.

The NDRB did note an administrative error on the original DD Form 214.  Block 2, Department, Component and Branch should read:  “USNR” vice “USN”, Block 12c Net Active Service This Period should read: “02  08  19” vice “02 10 14”, Block 12e, Total Prior Inactive Service should read: “00  02  25” vice “00  00  00”.  The original DD Form 214 should be corrected or reissued as appropriate. 

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:   None
	Inactive: None

Period of Service Under Review:

Date of Enlistment:  890501		Date of Discharge:  920414

Length of Service (years, months, days):

	Active:    02  08  19
	Inactive:  00  02  25

Age at Entry:  19			Years Contracted:  8

Education Level:  12			AFQT:  31

Highest Rate:  FN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.96 (5)	Behavior:  2.56 (5)		OTA:  2.56

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR, SASM

Days of Unauthorized Absence:  None

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:

890321:	Applicant signed Drug and Alcohol Abuse Statement of Understanding.

890726:	Applicant ordered to active duty for 36 months in the Active Mariner Program.

890802:	Retention Warning from [Recruit Training Command, Naval Training Center, Great Lakes, IL]:  Advised of deficiency (Non-swim qualified.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

900307:	NJP for violation of UCMJ, Article 128: Assault.
	Award:  Forfeiture of $362 per month for 2 months.  Suspend all but $300.00.  No indication of appeal in the record.

900404:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
	Award:  Forfeiture of $349 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

900404*:	Retention Warning from USS TEXAS (CGN 39):  Advised of deficiency (Violation of UCMJ Article 86, Unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. [*Date extracted from memo dated 1Apr92.]

920219:	NJP for violation of UCMJ, Article 112A: Wrongful use of marijuana.
	Award:  Forfeiture of $440 per month for 2 months, restriction and extra duty for 45 days, reduction to FA.  No indication of appeal in the record.

920219:	USS TEXAS (CGN 39) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse, as evidenced by all punishments awarded during your current enlistment and all drug incidents in your current enlistment.

920219:  	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.

920219:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse as evidenced by all punishments awarded during your current enlistment and all drug incidents in your current enlistment. 

920224:	Drug Screen:  A/P: Positive urine test - No evidence of chronic abuse or dependence. Pt refuses referral to VA drug rehabilitation program.

920406:	BUPERS directed the applicant's discharge under other than 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 920414 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 15560C, effective 15 Aug 91 until 
04 Mar 93), Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  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