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NAVY | DRB | 1999_Navy | ND99-00016
Original file (ND99-00016.rtf) Auto-classification: Denied


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

ex-BTFR, USN
Docket No. ND99-00016

Applicant’s Request
The application for discharge review, received 980930, 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. The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 990920. 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 (verbatim)

 1. Regarding the unauthorized absences, my immaturity and the illness of my father confused me and I felt I needed to be home. My father suffered thru heart attacks in 83 & 84 and a bypass surgery in 85 he finally passed away in 1986.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     None

 Period of Service Under Review :
Date of Enlistment: 810611               Date of Discharge: 841019

 Length of Service (years, months, days):

         Active: 03 04 08
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 70

 Highest Rate: BTFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.25 (4)    Behavior: 2.88 (5)                OTA: 3.32

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 35

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 :

820211:  NJP for violation of UCMJ, Article 86: (2 Specs), Spec 1: UA from 0600-0645, 820110, Spec 2: Failure to go at the time prescribed to his appointed place of duty.
         Award: Restriction and extra duty for 5 days. No indication of appeal in the record.

830309:  NJP for violation of UCMJ, Article 86: UA from 0730, 830219 until 0700, 830222(3 days/S).
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 15 days. No indication of appeal in the record.

830309:  Retention Warning: Advised of deficiency (Misconduct, violation of UCMJ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

830427:  NJP for violation of UCMJ, Article 86: UA from 0730, 830327 until 0700, 830328.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 5 days. No indication of appeal in the record.

831005:  NJP for violation of UCMJ, Article 92: Did fail to obey a lawful order issued by the XO, USS AJAX to perform EMI, on or about 830928.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 10 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.

831207:  NJP for violation of UCMJ, Article 134: Incapacitated for the proper performance of his duties due to previous indulgence in alcohol, on or about 831201.
         Award: Forfeiture of $50 per month for 1 month, restriction and extra duty for 5 days, and reduction in rate to E-2, reduction in rate vacated from CO's NJP of 831005. No indication of appeal in the record.

831207:  Retention Warning: Advised of deficiency (Misconduct by your involvement in a disciplinary infraction under Article 134 of the UCMJ. Incapacitating ones self for the proper performance of duty by previous indulgence in alcohol), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

840208:  NJP for violation of UCMJ, Article 86: (2 Specs), Spec 1: UA from 1800, 840115 until 0545, 840117 (2days/S), Spec 2: UA from 2345, 840121 until 0545, 840123 (2days/S).
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 15 days, reduction to E-1. No indication of appeal in the record.

840208:  Retention Warning: Advised of deficiency (Misconduct by your involvement in a disciplinary infraction under Article 86 of the UCMJ. Unauthorized Absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

840515:  Summary Court Martial for violation of UCMJ, Article 86: (2 Specs), Spec 1: UA from 840310-840313 (3days/S), Spec 2: UA from 840319-840413 (25days/S).
         Sentenced to CHL for 30 days.
         CA (000000)Approved and ordered executed.
840608:  Released from confinement.

 840718:  NJP for violation of UCMJ, Article 86: UA from 0600-1200, 840611.
         Award: Forfeiture of $50 per month for 1 month, restriction and extra duty for 5 days. No indication of appeal in the record.

840725:  Commanding Officer notified applicant of intended recommendation for discharge under Other Than Honorable conditions by reason of your established pattern of misconduct.

840725:          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.
840814:  Commanding Officer recommended discharge under Other Than Honorable conditions by reason of Misconduct due to an established pattern of misconduct.

840906:  Medical officer determined applicant to be alcohol dependent, recommends transfer to ARC.

841002:  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 841019 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 found issue to be without merit. The Board found that the applicant’s age, education level and test scores qualified him for enlistment. While he may feel that his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions. Relief denied.

The following is provided for the applicant’s edification. There is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time or good conduct in civilian life, subsequent to leaving military service. The NDRB reviews the propriety (did the Navy follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with Navy guidance and was the characterization typical of other service members being separated for the same reason) of each applicant’s discharge. Additionally, the NDRB is authorized to consider post-service factors in the recharacterization of a discharge (what has the applicant done since discharge to become a contributing member of his/her community and to society in general). Those factors include but are not limited to the following: Evidence of continuing educational pursuits (transcripts, diploma, degree or vocational-technical certificates), a verifiable employment history (letter of recommendation from employer), documentation of community service (letter from activity/community group), certificate of non-involvement with civil authorities (police records check) and proof of not using drugs (detoxification certificate). At this time the applicant has not provided any documentation of good character and conduct but is encouraged to continue his pursuits. The applicant is reminded that he is eligible for a personal appearance hearing, provided the application is received within 15 years from the date of discharge. Legal representation at personal appearance hearings is highly recommended.



 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 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
                  Washington Navy Yard
                  720 Kennon St SE Rm 309
                  Washington, D.C. 20374-5023     


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