Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00137
Original file (ND99-00137.rtf) Auto-classification: Denied


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

ex-ENFR, USN
Docket No. ND99-00137

Applicant’s Request
The application for discharge review, received 981102, requested that the characterization of service on the discharge be changed to General (under Honorable conditions). The applicant requested a documentary record discharge review. The applicant listed the American Legion as his 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 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. (EQUITY ISSUE) His violations of the UCMJ notwithstanding, this former member opines that his 2 years of otherwise creditable service period is sufficient to warrant separation under honorable conditions.

2. (EQUITY ISSUE) This former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.


 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)              821220            COG

 Period of Service Under Review :
Date of Enlistment: 821221               Date of Discharge: 850108

 Length of Service (years, months, days):

         Active: 02 00 18
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 9                         AFQT: 50

 Highest Rate: ENFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (2)    Behavior: 3.00 (3)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

 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 :

830419:  Retention Warning from Service School Command, Great Lakes, IL: Advised of deficiency (Poor military performance.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

830420:  NJP for violation of UCMJ, Article 116: Participate in a breach of the peace by wrongfully fighting with FR on 83Apr12.
         Award: Forfeiture of $50 per month for 1 month, restriction and extra duty for 3 days. No indication of appeal in the record.
840521:  Applicant advised of the policy of the Department of the Navy in preventing and eliminating drug abuse.

840521:  Retention warning issued by Commanding Officer USS THACH. Applicant was warned against future violations of UCMJ and drug abuse. [Extracted from Commanding Officer’s message dated 22DEC84]

 840522:  Substance Abuse Report: Marijuana abuse, 1 to 3 times a week, December 1982 to present, ashore off duty, self referral. SAC found applicant not dependent and recommended Level II treatment. Commanding officer recommended retention and refer to Level II treatment. Comments: ENFN (applicant) exhibits good potential for future Naval service pending completion of NASAPP training. No NJP and/or punishment. No prior civil arrests.

840807:  NJP for violation of UCMJ, Article 113: Sleeping on watch, violation of UCMJ Article 134: Wrongful use of a controlled substance: to wit: marijuana.
         Award: Forfeiture of $300 per month for 2 months, restriction and extra duty for 40 days, reduction to E-2. Forfeiture suspended for 6 months. No indication of appeal in the record.
840816:  Applicant found to be primarily psychological dependent on drugs. Recommend residential drug treatment NDRC, urinalysis drug screening at command. Comments: Feel this patient will do well in inpatient treatment. Admits to loss of control. Wants to quit, can't do it on his own.
841004:  Applicant successfully completed drug treatment.

 841128:  Vacate forfeiture in pay awarded at NJP dated 84AUG07 due to continued misconduct.
841204:  Substance Abuse Report: Marijuana abuse, 1 to 3 times a month, October 194 to November 1984, ashore off duty, urinalysis November 1984. Medical officer found applicant dependent and recommended separation for service. Commanding officer recommended separation. Comments: ENFN (applicant) is a graduate of Navy Drug Rehabilitation Center, Naval Air Station, Miramar, CA. Member went on leave following treatment. Upon returning to command, urinalysis sample taken IAW 2X4 program. Sample results were positive. Administrative separation in progress.

841213:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 92: Dereliction of duty.
         Award: Oral reprimand, confinement on bread and water for 3 days, reduction to E-1. No indication of appeal in the record.
841217:  USS THACH notified applicant of intended recommendation for discharge under Other Than Honorable conditions by reason of Misconduct due to Drug abuse (Use), Misconduct- Pattern – Frequent involvement of a discreditable nature with civil or military authorities and drug abuse rehabilitation failure. [Extracted from Commanding Officer's message dated 22Dec84.]
841218:          Applicant advised of his rights and having consulted with counsel certified under UCMJ, Article 27B, elected to appear before an Administrative Discharge Board. Administrative Discharge was later waived. [Extracted from Commanding Officer's message dated 22Dec84.]
841222:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of Misconduct due to Drug abuse, Misconduct – Pattern - Frequent involvement of a discreditable nature with civil or military authorities and Drug abuse rehabilitation failure. Commanding Officer’s comments (verbatim): “ENFR (applicant) is not suited for the Navy. He has serious substance abuse problems and he has show little desire to change. He continuously rejects authority and commit violations of the UCMJ. ENFR (applicant) signed two page 13 counseling/warning statements (on 19 APR 83 and 21 MAY 84) which meet requirements of MIPERSMAN 3630600. Page 13 counseling/warning statements warn SNM against future violations of UCMJ and drug abuse. He has violated Page 13 warnings in the following manner: Subsequent to receiving Page 13 warning against viols of UCMJ, issued by SSC, NTC, GLAKES on 19 APR 83, SNM has violated the warning and was awarded two NJP’s aboard THACH for total of three during his enlistment. Subsequent to receiving Page 13 warning against drug abuse, issued by USS THAC, SNM violated the warning by proving positive during COMNAVSURFPAC directed random urinalysis screening. SNM has received extentive counseling and treatment for both his conduct and drug abuse problems. He has rejected assistance. He has refused to take his ant-abuse and continues to use marijuana. ENFR (applicant) general behavior is UNSAT. His negative attitude undermines the morale of his shipmates. He has been overheard on several occasions expressing his intent to use drugs. He has established a pattern of misconduct which is more extensive than his three NJP’s indicate. He has broken restriction and became intoxicated aboard ship which (not taken to NJP because of his impending TAD to drug rehabilitation center.). SNM has not rehabilitazed and he shows no interest in doing so. SNM has become increasingly burdensom. He is a liability to the command and he is negative influence on good order and discipline. Therefore, I strongly recommend admin separation with characterization of service as Other Than Honorable.”

850103:  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 850108 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 1, the Board found this issue to be without merit. The applicant received a retention warning from Service Schools Command four months after enlisting, for poor military performance. He received a second retention warning from USS THACH against drug abuse. The applicant received a total three NJP’s for wrongfully fighting, sleeping on watch, wrongful use of a controlled substance and unauthorized absence. The Board fails to see where the applicant ever had credible service or served honorably. Relief denied.

In the applicant’s issue 2, the Board found this issue to be without merit. The applicant did not provide any documentation to prove he is living a credible life and that his post-service conduct warrants clemency. Relief denied.

 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     

Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-00194

    Original file (ND99-00194.rtf) Auto-classification: Denied

    No indication of appeal in the record.831019: NJP for violation of UCMJ, Article 86: UA from appointed place of duty, to wit: Restricted Men's Muster 7 times between 831003 through 831012. PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 840521 under other than honorable conditions for misconduct pattern frequent involvement of a discreditable nature with civil or military authorities (A). You may obtain a copy of DoD Directive...

  • NAVY | DRB | 2000_Navy | ND00-00773

    Original file (ND00-00773.rtf) Auto-classification: Denied

    ND00-00773 Applicant’s Request The application for discharge review, received 000605, requested that the characterization of service on the discharge be changed to general/under honorable conditions. Officers of the Naval Discharge Review Board; I am respectfully submitting this request to have my Discharge upgraded from Other Than Honorable to General Under Honorable Conditions. Again on 84Jan13, SNM was warned and counseled about her misconduct with a third page 13 counseling/warning...

  • NAVY | DRB | 1999_Navy | ND99-00127

    Original file (ND99-00127.rtf) Auto-classification: Denied

    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. No indication of appeal in the record.830721: NJP for violation of UCMJ, Article 92 (2 specs): Disobeying a lawful order on 30Jun83 and 1Jul83 Award: Restriction and extra duty for 15 days, reduction to ENFA. 850525: Applicant to unauthorized absence, 1430, 85May25.850529: Applicant from unauthorized absence 2230, 86May29...

  • NAVY | DRB | 1999_Navy | ND99-00102

    Original file (ND99-00102.rtf) Auto-classification: Denied

    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...

  • NAVY | DRB | 2001_Navy | ND01-01065

    Original file (ND01-01065.rtf) Auto-classification: Denied

    ND01-01065 Applicant’s Request The application for discharge review, received 010810, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a documentary record discharge review. 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 720...

  • NAVY | DRB | 1999_Navy | ND99-00347

    Original file (ND99-00347.rtf) Auto-classification: Denied

    In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary record discharge review prior to any personal appearance hearing. No indication of appeal in the record.850617: USS MONTICELLO (LSD 35) 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 and...

  • NAVY | DRB | 2000_Navy | ND00-00257

    Original file (ND00-00257.rtf) Auto-classification: Denied

    Award: Forfeiture of $300 per month for 1 month, restriction and extra duty for 30 days, reduction to SR. No indication of appeal in the record.850810: USS KITTY HAWK (CV-63) notified applicant of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to Drug abuse and misconduct due to Pattern of misconduct as evidenced by three or more punishments under the UCMJ during the current enlistment.850815: Applicant advised of his rights and having...

  • NAVY | DRB | 2000_Navy | ND00-00653

    Original file (ND00-00653.rtf) Auto-classification: Denied

    ND00-00653 Applicant’s Request The application for discharge review, received 000427, requested that the characterization of service on the discharge be changed to honorable. PART I - APPLICANT’S ISSUES AND DOCUMENTATION Documentation In addition to the service record, the following additional documentation, submitted by the applicant, was considered:Copy of DD Form 214 Statement from applicant dated May 9, 2000 PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type...

  • NAVY | DRB | 1999_Navy | ND99-00609

    Original file (ND99-00609.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW Discussion The applicant was discharged on 860314 under other than honorable conditions for misconduct pattern frequent involvement of a discreditable nature with civil or military authorities (A and 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 (D and E).The applicant introduced...

  • NAVY | DRB | 1999_Navy | ND99-00642

    Original file (ND99-00642.rtf) Auto-classification: Denied

    Decision A documentary discharge review was conducted in Washington, D.C. on 000121. (EQUITY ISSUE) As the documentary evidence of record supports, this former member opines that his post-service conduct has been sufficiently creditable to warrant the Board’s clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3. You may obtain a copy of DoD Directive 1332.28 by writing to: DA Military Review Boards Agency Management Information and Support...