Author: CAP
Last saved by: Department of the Navy
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Docket No. ND01-00155

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

ex-AR, USN
Docket No. ND01-00155

Applicant’s Request

The application for discharge review, received 001120, requested that the characterization of service on the discharge be changed to honorable.  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 010503.  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 in 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:

Character/Employment Reference Letter (2pgs)
Character Reference/Criminal Record Letter
Letter from Applicant explaining CO's NJP's (3pgs) 

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	850906 - 851112	COG

Period of Service Under Review:

Date of Enlistment:  851113		Date of Discharge:  891010

Length of Service (years, months, days):

	Active:    03  10  28
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 

Education Level:  12			AFQT:  47

Highest Rate:  AN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.35 (4)	Behavior:  3.40 (4)		OTA:  3.40

Military Decorations:  None

Unit/Campaign/Service Awards:  MUC, AFEM, SSDR (2^ND) 

Days of Unauthorized Absence:  4 

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:

890320:	NJP for violation of UCMJ, Article 86: UA from 0715, 890228 until 0835, 890304 [4days/S].
	Award:  Forfeiture of $150.00 per month for 1 month, restriction and extra duty for 15 days, reduction in rate (suspended for 6 months).  No indication of appeal in the record.

890514:	Retention Warning from [USS CARL VINSON (CVN-70)]:  Advised of deficiency (Your performance and conduct have been unsatisfactory.  You were awarded CO's NJP on 890320 for Article 86), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

890515:	Punishment of reduction to E-2 suspended at CO's NJP on 890320 vacated.

890515:	NJP for violation of UCMJ, Article 86: Failed to go to place of duty at 0615, 890501, violation of UCMJ Article 134: Incapacitated for the proper performance of duty as a result of wrongful previous overindulgence in intoxicating liquor or drugs on 890501.
	Award:  Forfeiture of $100.00 per month for 1 month, restriction and extra duty for 30 days.  No indication of appeal in the record.

890522:	NJP for violation of UCMJ, Article 86: UA from restricted Men's Muster on 0630, 890520 and 0630, 890522.
	Award:  Forfeiture of $100.00 per month for 1 month, restriction for 2 days.  No indication of appeal in the record.

890612:	NJP for violation of UCMJ, Article 86: UA from restricted Men's Muster on 0630, 890603 and 0630, 890611.
	Award:  Forfeiture of $100.00 per month for 1 month, restriction for 2 days.  No indication of appeal in the record.

890616:	NJP for violation of UCMJ, Article 92: Dereliction of duty on 890602.
	Award:  Forfeiture of $100.00 per month for 1 month, restriction and extra duty for 10 days, reduction to E-1.  No indication of appeal in the record.

890629:	NJP for violation of UCMJ, Article 86: UA from restricted Men's Muster on 0630, 890619 and 1500, 890624.
	Award:  Forfeiture of $100.00 per month for 1 month, restriction for 2 days.  No indication of appeal in the record.

890816:	NJP for violation of UCMJ, Article 86: Failed to go to appointed place of duty at 0715, 890714; UA from unit from 0715, 890724 to 0900, 890725.
	Award:  3 days B&W, forfeiture of $200.00 per month for 1 month.  No indication of appeal in the record.

890824:	[USS CARL VINSON (CVN-70)] 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 commission of a serious offense as evidenced by all punishments under the UCMJ, during your current enlistment.

890824:  	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.

890825:	Substance Abuse Report indicates applicant was found not alcohol dependent by medical officer.

890913:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense as evidenced by all punishments under the UCMJ during his current enlistment.  

890927:	CNMPC 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 891010 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, Change 8 effective 21 Aug 89 until 14 Aug 91), 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