Author: CAP
Last saved by: Department of the Navy
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Docket No. ND01-00944

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

 ex-SA, USN
Docket No. ND01-00944

Applicant’s Request

The application for discharge review, received 010724, 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 020130.  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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  Use brief, page 1, paragraph 2, sentences six and seven and eight. I was not informed that my actions were no longer acceptable. "Around the 90^th day of my second mess tour, I reported for duty at 0545; not desiring to eat breakfast; and had my station ready to go for the 0600 breakfast call.  While this had not been a problem with the old Mess-Decks Master-At-Arms out, the new MDMAA did not approve.  Instead of informing me of this, he immediately sent me to Captain's Mast for another Article 15."

2.  On my 94 Sept 22 Article 15 I was not absent from duty over 24 hours for NAVPERS 1070/606 to apply.

3.  At the time of my discharge, I was on my 120^th day of my second tour to the galley, even though there were six people in my department who had not served their initial galley tour.  I was not given the opportunity to redeem myself to my department after returning from the Command Alchohol Counceling Center.

Documentation

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

Brief/letter from applicant dated July 17, 2001
Character reference dated March 13, 2001
Character reference dated May 18, 2000
Character reference dated May 26, 2000

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	920213 - 930131	COG

Period of Service Under Review:

Date of Enlistment:  930201		Date of Discharge:  950111

Length of Service (years, months, days):

	Active:    01  11  11
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  98

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.37 (3)	Behavior:  1.80 (3)		OTA:  3.30

Military Decorations:  None

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

Days of Unauthorized Absence:  1

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

930617:	NJP for violation of UCMJ, Article 91 (2 specs): (1) Failed to obey a lawful order from a PO1 on 7Jun93 - 14Jun93, to wit: by completing only 1 of ordered 3 math instructor assistance orders, (2) Failed to obey a lawful order from PO1, to wit: by completing only 2 of ordered 3 BE instructor courses.
	Award:  Restriction for 15 days, reduction to SA.  No indication of appeal in the record.

931021:	NJP for violation of UCMJ, Article 92: Failure to obey an order or regulation, violation of UCMJ, Article 108: Sales, loss, damage, destruction, or wrongful disposition of military property, violation of UCMJ, Article 134 (2 specs): Prejudice to the good order and discipline.
	Award: Forfeiture of $407 per month for 2 months, restriction and extra duty for 15 days.  No indication of appeal in the record.

931021:	Retention Warning from USS VINCENNES:  Advised of deficiency (Article 92: Failure to obey an order or regulation, Article 108: Sale, loss, destruction, or wrongful disposition of military property and Article 134 (2 specs) Prejudice to good order and discipline.  Misconduct and substandard performance concerning alcohol abuse.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

940922:	NJP for violation of UCMJ, Article 86: Absent from place of duty on 0500- 1500, 14Sep94.
	Award: Restriction and extra duty for 15 days.  No indication of appeal in the record.

940922:	Retention Warning from USS VINCENNES:  Advised of deficiency (Absence from place of duty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.  [Extracted from Commanding Officer's message dated 19Dec94.]

941212:	NJP for violation of UCMJ, Article 86: Absence from place of duty from 0500 to 0545, 15Nov94.
	Award: Restriction and extra duty for 30 days.  No indication of appeal in the record.

941214:	USS VINCENNES 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 all punishments under the UCMJ in his current enlistment.  [Extracted from Commanding Officer's message dated 19Dec94.]

941214:	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.  [Extracted from Commanding Officer's message dated 19Dec94.]

941219:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

950105:	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 950111 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).

Issues 1-2.  The Board found no impropriety or inequity in the record of the applicant’s offenses and the non judicial punishments that followed as a result of the offenses.  Relief denied.

Issue 3.   The Board found no evidence that the applicant was treated unfairly by his command after returning from alcohol rehabilitation. Under other than honorable conditions 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 nonjudicial punishment (NJP) for offenses triable by court-martial on four occasions and adverse counseling entries on other occasions.  The applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in naval service, and falls short of that required for an honorable characterization of service.  An upgrade would be inappropriate.  Relief denied.

The applicant is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Legal representation at a personal appearance hearing is highly recommended but not required.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 
22 Jul 94 until 02 Oct 96), 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 “afls10.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:   A7650/A9229/A9317/A9217/A9223/A9221