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NAVY | DRB | 1999_Navy | ND99-00020
Original file (ND99-00020.rtf) Auto-classification: Denied


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

ex-AA, USNR
Docket No. ND99-00020

Applicant’s Request
The application for discharge review, received 981001, 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 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/ 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 as 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:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR            941216 - 950117  COG

 Period of Service Under Review :
Date of Enlistment: 950118               Date of Discharge: 980107

 Length of Service (years, months, days):

         Active: 02 11 20
         Inactive: 00 01 00

 Age at Entry: 19                          Years Contracted: 8

 Education Level: 12                        AFQT: 35

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 2.00 (1)                OTA: 3.17

 Military Decorations: None

 Unit/Campaign/Service Awards: NMUC(2 ND ), NAVY"E", NDSM, AFEM, SSDR

Days of Unauthorized Absence: 6

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 :

950118:  Ordered to Active Duty for 36 months under the Airman Apprenticeship program.

950808:  NJP for violation of UCMJ, Article 134: Wrongfully consume alcoholic beverage in an on-sale premises while under the age of 21.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 10 days. No indication of appeal in the record.

970918:  NJP for violation of UCMJ, Article 86 (2 Specs), Spec 1: Unauthorized absence from 970822-970825(3days/S), Spec 2: Unauthorized absence from 970826-970829(3days/S).
         Award: Forfeiture of $450 per month for 1 month, restriction and extra duty for 45 days. No indication of appeal in the record.
970918:  Retention warning: Advised of deficiency: Violation of UCMJ, Article 86 (Absent from place of duty, as evidenced by your Commanding Officer’ non-judicial punishment imposed on 18 September 1997.). Notified of corrective actions, assistance available, advised of consequences of further deficiencies and issued discharge warning.

971029:  NJP for violation of UCMJ, Article 86: Failed to go at the time prescribed to his appointed place of duty on or about 0910, 971028, violation of UCMJ, Article 92: Fail to obey a lawful order by wrongfully sleeping in the G-3 berthing on or about 0910, 971028.
Award: 3 days Bread & Water, forfeiture of $505 per month for 1 month, reduction to E-2. No indication of appeal in the record.
971124:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of Misconduct due to Commission of a Serious Offense as evidenced by your NJP imposed on 971029 for violation of the UCMJ, Article 92, Fail to obey a lawful order and Misconduct due to a Pattern of Misconduct as evidenced by your three NJP's imposed on 950808, 970917, and 971029 during your current enlistment.
971124:          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

971205:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of Misconduct due Commission of a Serious Offense and Misconduct due to a Pattern of Misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980107 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 15560C, Change 16, effective 01 Jul 97 until [current], 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 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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