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NAVY | DRB | 1999_Navy | ND99-00117
Original file (ND99-00117.rtf) Auto-classification: Denied


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

ex-ICFR, USN
Docket No. ND99-00117

Applicant’s Request
The application for discharge review, received 981027, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed to alcoholism, medical disability/shoulder sep. 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 991004. 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 and the reason of the applicant’s service. The Board’s vote was unanimous that the character and the reason of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of Misconduct, authority: NAVMILPERSMAN, Article 3630600.

The NDRB did note an administrative error on the original DD Form 214. Block 12a, Date Entered AD This Period should read: "89 JUL 11" vice "89 AUG 09", Block 12c, Net Active Service This Period should read: "02 03 07" vice “02 02 09”. The original DD Form 214 should be corrected or reissued as appropriate.

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: None
         Inactive: USNR (DEP)     881012 - 890710  COG

 Period of Service Under Review :
Date of Enlistment: 890711               Date of Discharge: 911017

 Length of Service (years, months, days):

         Active: 02 03 07
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 12                        AFQT: 54

 Highest Rate: ICFA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.30 (2)    Behavior: 3.50 (2)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, AFEM

 Days of Unauthorized Absence: 20

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

900402:  NJP for violation of UCMJ, Article 128: Wrongfully assault another service member on 90Mar10.
         Award: Forfeiture of $168 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
900402:  Retention Warning from Service School Command, San Diego, CA: Advised of deficiency (VUCMJ Art 128 Assault.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900417:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful order on or about 9 April 1990.
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 7 days. Forfeiture suspended for 6 months. No indication of appeal in the record.
900417:  Retention Warning from Service School Command, San Diego, CA: Advised of deficiency (Violation of the UCMJ Art 92: Failure to obey a lawful written order.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

901124:  Applicant to unauthorized absence 0730, 90Nov24.

901125:  Applicant from unauthorized absence 1400, 90Nov25 (1 day/surrendered).

901220:  Applicant to unauthorized absence 0715, 90Dec20.

901221:  Applicant from unauthorized absence 0730, 90Dec21 (1 day/surrendered).

 910115:  NJP for violation of UCMJ, Article 86: Unauthorized absence 0715-1323, 90Dec03, violation of UCMJ, Article 92: Possess two ID cards on 90Sep23, violation of UCMJ, Article 123: Falsely sign an official document on 90Sep23, violation of UCMJ, Article 134: Drunk on duty on 90Dec18.
         Award: Forfeiture of $150 per month for 2 months, restriction and extra duty for 20 days. No indication of appeal in the record.
910118:  Retention Warning from USS CARL VINSON (CVN 70): Advised of deficiency (Your conduct has been unsatisfactory. You received CO's NJP on 15 January 1991 for unauthorized absence, possession of two military ID cards, forgery and incapacitation due to prior indulgence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910411:  Deferred Prosecution to R.C.W. 10.05 granted by the Pierce County District Court No. 2, State of Washington for driving while operator's license suspended, driving while under the influence of intoxicants and minor in possession of alcohol.

910617:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86.
         Specification 1: Unauthorized absence on 0715, 23Mar91 until 0655, 25Mar91.
         Specification 2: Unauthorized absence on 1630, 8May91 until 0715, 9May91.
         Specification 3: Unauthorized absence on 0715, 14May91 until 0700, 20May91
         Specification 4: Unauthorized absence on 0715, 22May91 until 0715, 6Jun91.
         Finding: to Charge I and the specifications thereunder, guilty.
         Sentence: Forfeiture of $377.00, bread and water for 3 days, confinement for 18 days, reduced to E-1.
         CA action 910628: Sentence approved and ordered executed.

910722:  USS CARL VINSON (CVN 70) 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 your three or more punishments under the Uniform Code of Military Justice during your current enlistment and misconduct due to commission of serious offense as evidenced by Commanding Officer's nonjudicial punishments on 17 April 1990 for a violation of the Uniform of the Uniform Code of Military Justice, Article 92, Commanding Officer's nonjudical punishments on 02 April 1990 for a violation of the Uniform Code of Military Justice, Article 128, and by your deferred prosecution pursuant to R.C.W. 10.05 granted by the Pierce County District Court No.2, State of Washington for driving while operator's license is suspended, driving while under the influence of intoxicants and minor in possession of alcohol.
910803:  Applicant to unauthorized absence 0730, 91Aug03.

910809:  Applicant from unauthorized absence 0800, 91Aug09 (6 days/surrendered).

910823:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights. Applicant did not object to separation.
910916   Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of serious offense.

910918:  Drug and Alcohol Abuse Report: Alcohol abuse, 4-7 times a week, civilian police 910411. CAAC and physician found applicant dependent and recommended Level III. Commanding Officer recommended separate via VA hospital.

911008:  BUPERS directed the applicant's discharge under other than 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 911017 under other than honorable conditions for misconduct due to a pattern of misconduct (A and B). The Board presumed regularity in the conduct of governmental affairs (C). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge and the reason for the discharge was proper and equitable (D and E).

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, effective 15 Aug 91 until
04 Mar 93), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT.

B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article [e.g., 92, failure to obey a lawful written order; 123, forgery] if adjudged at a Special or General Court-Martial.

C. 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.

D. 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.

E. 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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