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

Docket No. ND00-00257

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

ex-SR, USN
Docket No. ND00-00257

Applicant’s Request

The application for discharge review, received 991216, requested that the characterization of service on the discharge be changed to General/under Honorable conditions and Entry Level Separation or uncharacterized.  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 000810.  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 – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My mental illness was the main cause for my short stay in the US. Navy.

Documentation

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

Statement from applicant's doctor dated November 29, 1999

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	840315 - 841009	COG

Period of Service Under Review:

Date of Enlistment:  841010		Date of Discharge:  850918

Length of Service (years, months, days):

	Active:    00  11  09
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 (12 month extension)

Education Level:  12			AFQT:  60

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NOB			Behavior:  2.80 (1)		OTA:  NOB

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

850226:	NJP for violation of UCMJ, Article 112A: Wrongfully use marijuana on 30Jan85.
	Award:  Forfeiture of $300 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.
850226:	Retention Warning from Naval Technical Training Center, Meridian, Mississippi:  Advised of deficiency (Displayed total disregard for authority and regulations by means of your involvement with military authorities through minor violations of the UCMJ.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

850312:	NJP for violation of UCMJ, Article 92: Failure to obey lawful order, to wit: possessing alcohol in the NTTC UEPH Module 232-4 on 4Mar85.
	Award:  Forfeiture of $100 per month for 2 months, restriction and extra duty for 30 days.  No indication of appeal in the record.

860409:	Retention Warning from USS KITTY HAWK (CV-63:  Advised of deficiency (Involvement with military authorities, violation of UCMJ tending to constitute a pattern of misconduct. Use of controlled substances, to wit: marijuana.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

850718:	NJP for violation of UCMJ, Article 86: Absent from appointed place of duty, to wit: Division morning quarters on 5Jul85.
	Award:  Forfeiture of $200 per month for 1 month, restriction and extra duty for 15 days, reduction to SR.  Reduction suspended for 6 months.  No indication of appeal in the record.

850809:	NJP for violation of UCMJ, Article 86: Absent from appointed place of duty on from QOL Division work spaces on 18Jul85.
	Award:  Forfeiture of $300 per month for 1 month, restriction and extra duty for 30 days, reduction to SR.  No indication of appeal in the record.

850810:	USS KITTY HAWK (CV-63) notified applicant of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse and misconduct due to Pattern of misconduct as evidenced by three or more punishments under the UCMJ during the current enlistment.

850815:	Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to waive all rights.

850820:	Medical evaluation: Found applicant not dependent on alcohol.

850821:	Drug and Alcohol Abuse Report: Marijuana abuse, less than monthly February 1985 and August 1985 ashore off duty.  Medical officer found applicant not dependent and recommended separation.  Urinalysis February 1985.  Commanding officer recommended separation.  Comments: Received NJP 26 Feb 85 violation UCMJ, Art 112A use of marijuana awarded: restriction 45 days forf 300 PPM x 2 E. D. 45 days, pg 13 further NJP's include 12 Mar 85 viol UCMJ Art 92 failure to obey a lawful order, 15 Jul 85 viol UCMJ Art 86 absent from appointed place of duty 9 Aug 85 viol UCMJ Art 86 absent from appointed place of duty, member is being admin separated for pattern of misconduct.  Minimum potential for further useful service.

850822:	Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct – Pattern - Frequent involvement of a discreditable nature with civil or military authorities.  Commanding officer’s comments (verbatim): SR (applicant) has been on active duty for less than one year and in that period of time he has been punished for numerous violations of the UCMJ.  He has been counseled, including a formal page 13 warning on 09 Apr 85, concerning his use of controlled substances, to wit: marijuana, and a pattern of misconduct, however, with unfavorable results.  He is not considered drug dependent, however, he shows no intentions of conforming to military standards of behavior.  His continued involvement with military authorities exhibits disobedience, insubordination, poor judgement, and other character traits which make him totally unacceptable as a member of the naval service.  Therefore, I most strongly recommend his immediate separation under Other Than Honorable conditions.

850829:	CNMPC directed the applicant's discharge under Other Than Honorable conditions by reason of misconduct - Pattern – Frequent involvement of a discreditable nature with civil or military authorities.

851005:	Commanding Officer, USS KITTY HAWK (CV   ), requested CNMPC retransmit reply to his request for Admin Separation in the case of the applicant.

851009:	CNMPC directed the applicant's discharge under Other Than Honorable conditions by reason of misconduct - Pattern – Frequent involvement of a discreditable nature with civil or military authorities.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 850918 under Other Than Honorable conditions for misconduct, Pattern, Frequent involvement of a discreditable nature with civil or military authorities (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).

In the applicant’s issue 1, the Board determined this issue is without merit.  The applicant claims his mental illness was the main cause for his short stay in the U.S. Navy.  The applicant had four NJPs for violation of Article 112A (drug abuse), Article 92 (orders violation), and Article 86 (2 specifications, unauthorized absence).  He was twice warned of the consequences of additional misconduct, but violated each retention warning.  There is no documentation of mental illness in the applicant’s medical record, to support his claim.  The discharge was proper and equitable.  Relief denied.  

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560, Change 10/84, effective 
17 Sep 84 until 15 Dec 85), 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 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:  A6400/A9321/A9223/A9229