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NAVY | DRB | 1999_Navy | ND99-00080
Original file (ND99-00080.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-00080

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 990927. 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 HONORABLE CONDITIONS (GENERAL)/MISCONDUCT - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.       “I, (applicant), 388-90-4749, joined the United States Navy on 20 January 1988. On 22 August 1988, after completion of Basic Training and “A” school I reported to the USS Monongahela for duty. On 20 August 1990, I received a General Discharge Under Honorable Conditions, for pattern of misconduct.
After being on the USS Monongahela for approximately one year my attitude and performance started to decline. My specific duties of job could not be performed the way I was taught on my “A” school as the demand was not present. I was cought running errands and doing other unnecessary details that I felt was unfair treatment. At this point I felt disillusioned with the United States Navy. The civilian education that I was promised was not possible due to the surroundings. At this point I felt totally trapped and I was unhappy with all the great things I had been told about the United States Navy. I honestly feel as if I was a victim of the system and of I had been given half a chance I would have finished my contracted time with the United States Navy.

Being young and naïve I was unaware of the shortcomings of receiving a General Discharge from the United States Navy. I have always planned on serving my country and only now have I come to realize the importance of my past behavior. I received my Bachelors Degree in December 1996 and I am definitely determined to become a member of the military. I am certainly confident that the Tennessee Army National Guard can provide me with what I thought I was receiving when I enlisted with the United States Navy.

Your help and time in this matter is greatly appreciated. I am looking forward to serving as a member of the Tennessee Army National Guard.”
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant
Copies of DD Form 214 (3)
Letters of Recommendation (4)
Employment Reference Letter
Copy of Enlisted Waiver approval
Copy of Waiver Request
Copy of Age Waiver Request
Copy of Enlistment/Reenlistment Agreement (3pgs)
Copies of Enlisted Performance Evaluation (3)
Copy of CO's endorsement
Copy of Notification Letter
Copy of Statement of Awareness
Copy of CO's Mast dtd 890922
Copy of CO's Mast dtd 900808
Copy of Letter from CO
Copy of Special Authorization Request Chit
Copy of Memorandum from SUPPO

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     880120 - 880405  COG

 Period of Service Under Review :
Date of Enlistment: 880406               Date of Discharge: 900820

 Length of Service (years, months, days):

         Active: 02 04 15
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 88

 Highest Rate: DKSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.46 (3)    Behavior: 3.00 (4)                OTA: 3.33

 Military Decorations: None

 Unit/Campaign/Service Awards: SSR, USCGSOSR

Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

890922:  NJP for violation of UCMJ, Article 80: Attempt to destroy government property, violation of UCMJ Article 92: Willful disobedience.
 Award: Forfeiture of $100 per month for 2 months, extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
890922:  Retention Warning from USS MONONGAHELA (AO 178): Advised of deficiency (Attempted to destroy government property and willful disobedience), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900126:  NJP for violation of UCMJ, Article 89: Disrespect towards a superior commissioned officer. [Extracted from CO’s message dated 140890]

900131:  Retention Warning from USS MONONGAHELA (AO 178): Advised of deficiency (Disrespect toward a Commissioned Officer), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900808:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 134: Drunkeness incapacitation for performance of duties through prior wrongful indulgence in intoxicating liquor or drug.
Award: Forfeiture of $350 per month for 1 month, restriction and extra duty for 30 days. No indication of appeal in the record.
900813:  USS MONONGAHELA (AO 178) 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 your current enlistment.
900813:          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.
900814:  Commanding officer recommended discharge under Honorable conditions (General) by reason of Misconduct due to a Pattern of Misconduct.

900817:  CNMPC directed the applicant's discharge under Honorable conditions (General), 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 900820 under Honorable conditions (General) 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).

In the applicant’s attached personal letter, the Board found the issues in the personal letter to be without merit. The NDRB is under no obligation to change an applicant’s discharge characterization to permit him/her the opportunity to re-enter military service. Additionally, there is no evidence that there was an error in fact, law, procedure or discretion associated with his discharge at the time of issuance or that his rights were prejudiced. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, Change 8 effective 21 Aug 89 until 14 Aug 91), 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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