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NAVY | DRB | 1997_Navy | ND97-01163
Original file (ND97-01163.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND97-01163


 Applicant’s Request
The application for discharge review, received 970716, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions. The applicant requested a documentary record discharge review and listed no representative on his DD-293.


Summary of Review

A documentary discharge review was conducted in Washington, D.C. on 980504. The NDRB determined that the discharge equitably reflects the quality of service rendered. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.
SPN CODE HKA
THIS IS THE CORRECT SHELL FOR PATTERN OF MISCONDUCT 961003 - 970630 ONLY.
 THE FINDING (3630600, EFFECTIVE 961003 - 970630) IS FOR PATTERN OF MISCONDUCT ONLY. THE SPN CODE IS EFFECTIVE 930628 - PRESENT. The SPN Code change 930628 changed the wording for pattern of misconduct to PATTERN OF MISCONDUCT, and the wording for a general discharge to GENERAL (UNDER HONORABLE CONDITIONS).

PART I - APPLICANT’S ISSUES (verbatim)


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


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: 940419                        Date of Discharge: 961007

 Length of Service (years, months, days):

         Active: 02 05 19
         Inactive: 00 03 05

 Age at Entry: 19                                   Years Contracted: 8

 Education Level: 12                                 AFQT: 31

 NEC: DG-9700                              Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (1)    Behavior: 3.60 (1)                OTA: 3.60 (4.00 scale)
                  1.0 (1)                  1.0 (1)                           2.0 (5.0 scale)
 Military Decorations: None

 Unit/Campaign/Service Awards: B”E”R, and NDSM

Nonjudicial Punishment(s): 4              Court(s)-Martial: 1 (SCM)

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge:
UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART III - CHRONOLOGICAL LISTING OF SIGNIFICANT SERVICE EVENTS1

 940814:  Joined USS BOXER (LHA-4) Precommissioning Unit, PRECOMTRNGPAC San Diego, CA.

941027:  NJP for violation of UCMJ, Article 86 (2 specs): Unauthorized absence (UA) from appointed place of duty from 941011, 1400 – 941012, 0930 (17.5 hrs/S) and 941013, 0730 – 0800 (30 mins/S), and Article 121: Larceny on 940930.
         Award: Forfeiture of $416 per month for two months, restriction and extra duty for 45 days, and reduction to E-1. No indication of appeal in the record.
941028:  Retention Warning: Applicant advised of deficiencies (UA and larceny); notified of corrective actions and assistance available; notified of consequences of further deficiencies, and issued discharge warning. Receipt acknowledged.

941121:  Joined USS BOXER (LHD-4) San Diego, CA.

950817:  Executive Officer’s Inquiry (XOI): Assigned 20 hours Extra Military Instruction and a Retention Warning (Page 13) for improper possession of a respirator. [Extracted from NAVPERS 1616/26 (Evaluation Report & Counseling Record (E1 – E6)) dtd 950201-960115.]

951012:  XOI: Assigned a Retention Warning (Page 13) for UA from watch station and duty section muster. [Extracted from NAVPERS 1616/26 (Evaluation Report & Counseling Record (E1 – E6)) dtd 950201-960115.]

951012:  Retention Warning: Applicant advised of deficiencies (XOI on 951012); notified of corrective actions and assistance available; advised of consequences of further deficiencies, and issued discharged warning. Receipt acknowledged.

960118:  NJP for violation of UCMJ, Article 91: Disrespect toward a chief petty officer on board USS BOXER on 15Dec95.
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 30 days, reduction to SR. Forfeiture and reduction suspended for 6 months. No indication of appeal in the record.
960118:  Retention Warning: Advised of deficiency (NJP on 960118); notified of corrective actions and assistance available; advised of consequences of further deficiencies, and issued discharge warning. Receipt acknowledged on 960119.

960215:  Vacated suspended forfeiture of $100 for 2 months and reduction to E-1, awarded at CO’s NJP of 960118, due to continued misconduct.

 960215:  NJP for violation of UCMJ, Article 113: Sleeping upon his post on 960214, and Article 121: Larceny of military property of a value of about $275 on 960201
         Award: Forfeiture of $200 per month for two months, and restriction and extra duty for 30 days. Forfeiture and restriction and extra duty suspended for six month. No indication of appeal in the record.
960216:  Suspended forfeiture and restriction and extra duty vacated this date due to further misconduct.
960822:  NJP for violation of UCMJ, Article 91: Willfully disobey an order from a superior petty officer, Article 108: Destruction of personal property, to wit: Morale, Welfare and Recreation van on 960810, violation of UCMJ Article 121: Wrongful appropriation of the Morale, Welfare and Recreation van on 960809.
         Award: Forfeiture of $425 per month for two months, and restriction and extra duty for 45 days. No indication of appeal in the record.
960822:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, and the commission of serious offense as evidenced by violations of the UCMJ for which the Manual for Courts-Martial authorizes a punitive discharge in your current enlistment. Receipt acknowledged on 960823.
960823:          Applicant advised of his rights and, having decided 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. Receipt acknowledged.

960906:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by four commanding officer nonjudicial punishments under the UCMJ during current enlistment and misconduct due to commission of a serious offense as evidenced by violations of the UCMJ for which the Manual for Courts-Martial authorizes a punitive discharge.

960925:  COMPHIBGRU THREE (GCMCA) approved and directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

960927:  Summary Court-Martial (SCM) for violation of UCMJ, Article 91 (4 specs): Willful disobedience of a PO1 and PO3 on 960904, a P03 on 960909 and a P03 on 960911, and Article 121: Larceny of a ball cap, of a value of $8.50, the property of BM3 K_, USN.
          Sentence: Confinement for 30 days, and forfeiture of $583 for one month.
          CA: (960927) Approved findings and sentence.

960927:  Joined Brig, USMC Base, Camp Pendleton, CA.

961007:  Applicant released from confinement and returned to full duty.

961007:  Discharged UNDER OTHER THAN HONORABLE CONDITIONS\ PATTERN OF MISCONDUCT; authority Naval Military Personnel Manual, Article 3630600.

961023:  Commanding officer forwarded documents to BUPERS supporting the applicant’s discharge as under other than honorable conditions for misconduct due to a pattern of misconduct.

PART V - RATIONALE FOR DECISION
Discussion
         After a thorough review of the records, facts, and circumstances unique to this case, the Board determined that the characterization of the applicant’s service is equitable. The discharge shall remain : UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.
         The applicant introduced no decisional issues for consideration by the Board. Therefore, the Board examined the overall equity and propriety of the discharge. The major factors on which the discharge was based are in the service record portion of the decisional document, and no evidence to the contrary was provided.

          The applicant was discharged on 961007 under other than honorable conditions for misconduct due to a pattern of misconduct (A and B, Part IV). While in the Precommissioning Unit on 941027, the applicant had his first NJP for UA and larceny. On 941028, he received his first Retention Warning. After commissioning USS BOXER, the applicant had XOIs on 950817 and 951012 for improper possession of a respirator and UA from muster followed by a Retention Warning. On 960118, the applicant had his second NJP for disrespect to a chief petty officer followed by a third Retention Warning. On 960215, the applicant had his third NJP for willful disobedience of a superior petty officer, wrongful appropriation of private property and the destruction of that personal property. On 960822, the applicant was notified of his commanding officer’s (CO’s) intended recommendation for administrative separation (ADSEP) under other than honorable conditions for a pattern of misconduct and the commission of serious offenses. On 960823, the applicant decided not to consult with counsel prior to waiving all his rights except for the right to obtain copies of the documentation being forwarded to the discharge authority in support of his ADSEP. On 960906, the applicant’s CO recommended him for discharge under other than honorable conditions for misconduct due to a pattern of misconduct and the commission of serious offenses as evidenced by four NJPs and one SCM. On 960925, COMPHIBGRU THREE (GCMCA) approved and directed the applicant’s discharge under other than honorable conditions for misconduct due to a pattern of misconduct (C, Part IV). The Board considered the applicant’s discharge to appropriately characterize the quality of his service for the period under review (D and E, Part IV).

         Although the applicant introduced no issues, the Board recognizes that while the applicant cannot undo his past mistakes, he can contribute in a positive and significant way to society (E, part IV). Contributions looked upon favorably by this Board include educational pursuits, employment track record, being a contributing member of society and making a positive impact in the community through volunteer work. The applicant must prove that his post-service conduct has been above reproach and he is making a valid attempt at making amends for the misconduct he committed during the period of naval service under review. The 15 year window during which applicants may appeal their discharges was established to allow time for establishing themselves and making these substantial, documented life style changes and community contributions which could offset and make amends for the misconduct of record. The applicant has submitted insufficient supporting documentation that would warrant clemency.



PART VI - INFORMATION FOR THE APPLICANT
Decision

 The 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.

If you believe that the decision in your case is unclear, not responsive to the issues which you raised, or does not otherwise comport with the decisional documents 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
                  Building 36 Washington Navy Yard
                  901 M Street, SE
                  Washington, D.C. 20374-5023.

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