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NAVY | DRB | 1999_Navy | ND99-00102
Original file (ND99-00102.rtf) Auto-classification: Denied


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

ex-AAMSSR, USN
Docket No. ND99-00102

Applicant’s Request
The application for discharge review, received 981023, 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 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

 1. I served almost 3 1/2 years on 4 yr. Enlistment. We had got a new Captain on board in 85, USS MOBILE. The new Captain called me into his stateroom, suggested to me it would be of my best intrest to be discharged. As far as I know this was not brought before a board of any sort nor had I been at Captain's mast at this time. I had understood at the time that my discharge would be upgraded within 1yr. of my discharge if I didn't get in to trouble.

 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)     820211 - 820422  COG

 Period of Service Under Review :
Date of Enlistment: 820423               Date of Discharge: 850929

 Length of Service (years, months, days):

         Active: 03 05 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 33

 Highest Rate: MSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (3)    Behavior: 2.20 (3)                OTA: 3.26

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, Battle "E"

 Days of Unauthorized Absence: 0

 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 :

831103:  NJP for violation of UCMJ, Article 86: Unauthorized Absence, violation of UCMJ Article 87: Missing Movement.
         Award: Forfeiture of $334 per month for 1 month, restriction and extra duty for 42 days, reduction to MSSA. Reduction suspended for 6 months. No indication of appeal in the record.
840524:  NJP for violation of UCMJ, Article 86: Unauthorized Absence on 0130, 18May84, violation of UCMJ Article 91: Disobeying orders of a Superior Petty Officer on 0130, 18May84.
         Award: Forfeiture of $334 per month for 1 month, restriction for 30 days, reduction to MSSA. No indication of appeal in the record.

840802:  NJP for violation of UCMJ, Article 128: Assault on 9Jul84.
         Award: Restriction and extra duty for 30 days. Restriction and extra duty for 20 days suspended for 3 months). No indication of appeal in the record.

840812:  Retention Warning from USS MOBILE (LKA 115): Advised of deficiency (Assault on another) notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

850107:  Retention Warning from USS MOBILE (LKA 115): Advised of deficiency (Unauthorized Absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 850424:  NJP for violation of UCMJ, Article 112A : Wrongfully use cocaine on 85Apr08.
         Award: Forfeiture of $347 per month for 2 months. No indication of appeal in the record.

850425:  Retention Warning from USS MOBILE (LKA 115): Advised of deficiency (Misconduct for drug abuse), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
850725:  NJP for violation of UCMJ, Article 89: Disrespectful language on 0745, 15Jul85, violation of UCMJ Article 90: Disobeying a lawful order on 0745, 15Jul85, violation of UCMJ Article 91 (2 specs): (1) Disobeying a lawful order on 0653, 15Jul85, (2) Disrespectful language on 0652, 15Jul85, violation of UCMJ Article 112: Drunk on Duty on 0652, 15Jul85.
Award: Forfeiture of $347 per month for 1 month, restriction for 45 days, reduction to MSSR. No indication of appeal in the record.
850831:  Commanding Officer USS MOBILE (LKA 115) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct- pattern – frequent involvement of a discreditable nature with civil or military authorities as evidenced by five CO NJP's, misconduct due to drug abuse as evidenced by CO's NJP dated 24 Apr 85, and misconduct due to commission of a serious offense as evidenced by CO's NJP's dated 25 July 85, 24 Apr 85, 2 Aug 84, 24 May 84 and 3 Nov 83.
850831:          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.
850904:  Applicant evaluated for drug and/or alcohol dependency. Alcohol dependency with drug abuse. No drug dependency.
850904:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct – pattern - frequent involvement of a discreditable nature with civil or military authorities. Commanding officer’s comments: (verbatim): " MSSR (applicant) has demonstrated an inability to conform to Navy Regulations. He has indicated a desire to be discharged and has elected to make no statement on his own behalf. I recommend and Other Than Honorable Discharge".

850913:  Drug and Alcohol Abuse Report: Multiple drug abuse less than monthly, ashore off duty, denies abuse. Urinalysis during rehabilitation testing July 1985. Medical officer found applicant dependent and recommends separate from service not via VA hospital. Commanding Officer recommended separation.

850916:  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 850929 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, he stated he had served 3 ½ years of a 4 year enlistment and the newly reporting Commanding Officer suggested it would be in his best interest to be discharged. He further states he thought his discharge would be upgraded within one year if he did not get into trouble. The Board found nothing in the records, nor did the applicant provide anything to indicate or to show that an error of fact, law, procedure, or discretion existed at the time of issuance of his discharge. Further based upon the number and seriousness of the NJPs found in the applicant’s record (including use of cocaine) justified this discharge to be equitable and proper. Accordingly no relief is not granted.


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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