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NAVY | DRB | 1999_Navy | ND99-00073
Original file (ND99-00073.rtf) Auto-classification: Denied


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

ex-SMSA, USN
Docket No. ND99-00073

Applicant’s Request
The application for discharge review, received 981020, 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 990726. After a thorough review of the records, 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: GENERAL (UNDER HONORABLE CONDITIONS)/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. At time of my separation I was told that after several months I could apply to have my discharge changed to honorable. I am now taking this action so that I may go forward and apply for my Montgomery Bill education benefits.

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     931014 - 940111  COG

 Period of Service Under Review :
Date of Enlistment: 940112               Date of Discharge: 971006

 Length of Service (years, months, days):

         Active: 03 08 25
         Inactive: None

 Age at Entry: 19                  Years Contracted: 4

Education Level: 12                        AFQT: 68

 Highest Rate: SM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: N OB         Behavior: 3.87 (3)                OTA: 3.87

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MUC, SSDR, SASM

 Days of Unauthorized Absence:

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

GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

970220:  NJP for violation of UCMJ, Article 134: Disorderly.
         Award: Forfeiture of $537 per month for 2 months, restriction for 40 days, reduction to SMSN. No indication of appeal in the record.
970220:  Retention Warning: Advised of deficiency (your nonjudicial punishment of 20 February 1997, for VUCMJ, Art.134, disorderly conduct (urinating in your berthing compartment)), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

970910:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86.
         Specification: Unauthorized Absence.
         Charge II: violation of the UCMJ, Article 91.
         Specification: Disrespectful in language.
         Finding: to Charge I and Charge II and the specification thereunder, guilty.
         Sentence: Restriction for a period of 45 days, reduced to SMSA.
         CA action 970910: Sentence approved and ordered executed.
970917:  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 Summary Court-Martial conviction of 2 September 1997, approved by the Convening Authority on 10 September 1997, and review by a Judge Advocate per Article 64(a) of the UCMJ, on 14 September 1997 and misconduct due to a pattern of misconduct as evidenced by your Summary Court-Martial conviction of 2 September 1997 and your Commanding Officer’s Nonjudicial punishment of 20 February 1997.
970917:          Applicant advised of his rights and having elected not to consult, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation

970921:  Commanding officer directed discharge general (under 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 971006 general (under 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, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In response to applicant’s issue 1, t he Board recognizes that serving in the Navy is very challenging to both the Sailor and his family members. Our country is fortunate to have men and women willing to endure the hardships and make the sacrifices required to serve their country. It must be noted that most Sailors serve honorably and well, and therefore, earn their honorable discharges. The applicant's service is accurately characterized as having been performed under general(under honorable conditions). Relief is not warranted.
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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