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NAVY | DRB | 1999_Navy | ND99-00184
Original file (ND99-00184.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND99-00184

Applicant’s Request
The application for discharge review, received 981118, 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 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 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 was a heavy drinker and that’s what got me in trouble, and now I have been declared disabled and draw social security and would very much like the opportunity to go see V.A. Doctors because I have many medical problems including liver disease, pankriatitis, enlarged spleen, and other permanent health problems, and this way I can get a second opinion, and now live where I was born and its close to a .V.A Hospital, I don't drink anymore and will die very quickly if I did, so I just want my discharge upgraded before I die, and I have medical records if you should need to see them, I would greatly appreciate a response so I can go from there to get this taken care of finally.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copies of DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     820212 - 820216  COG

 Period of Service Under Review :
Date of Enlistment: 820217               Date of Discharge: 840309

 Length of Service (years, months, days):

         Active: 02 00 22
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 10                        AFQT: 46

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.60 (2)    Behavior: 2.70 (3)                OTA: 2.60

 Military Decorations: None

 Unit/Campaign/Service Awards: SSR, BATTLE"E"RIBBON

Days of Unauthorized Absence: 71

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 :

830629:  Retention Warning from HELICOPER MINE COUNTERMEASURES SQUADRON SIXTEEN: Advised of deficiency (Unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

830629:  NJP for violation of UCMJ, Article 86: UA from 830525-830620(27days/S).
         Award: CCU for 30 days, forfeiture of $334.20 per month for 2 months, and reduction in rate one pay grade (suspended for 6 months). No indication of appeal in the record.

831008:  Substance Abuse Report indicates marijuana abuse, found not dependent, is amenable and eligible, recommended Level I Treatment.

831012:  Suspended reduction in rate awarded at NJP on 830629 vacated due to continued misconduct.

831012:  NJP for violation of UCMJ, Article 86 UA, violation of UCMJ Article 92: failure to obey lawful order, violation of UCMJ Article 134: Use of Marijuana.
         Award: Forfeiture of $286 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.

840119:  Summary Court Martial for violation of UCMJ, Article 86: (2 Specifications), Spec 1: UA from 831117-831207(20days/S), Spec 2: UA from 831216-840109(24days/S).
Sentenced to CHL for 21 days, forfeiture of $397.60 per month for 1 month.
CA (840119) Sentenced approved and ordered executed.
840207:  HELMINERON SIXTEEN notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct- pattern as evidenced by six convictions which were disciplined by punishment under the UCMJ {EXTRACTED FROM CO'S MESSAGE}.
840208:  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{EXTRACTED FROM CO'S MESSAGE}, .
840224:  Commanding officer recommended discharge under other than honorable conditions by reason of pattern of misconduct.

840304:  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 840309 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).

The applicant introduced no decisional issues for consideration by the Board.

The discharge the applicant received was equitable and proper. The applicant is not entitled to have his discharge upgraded because of medical problems that are now arising and the proximity of the V.A. hospital to him. Accordingly, relief is denied.

Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560, Change 10/83, effective
05 Nov 83 until 04 Nov 84), 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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