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NAVY | DRB | 1999_Navy | ND99-00189
Original file (ND99-00189.rtf) Auto-classification: Denied


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

ex-BTFN, USN
Docket No. ND99-00189

Applicant’s Request
The application for discharge review, received 981118, 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 991012. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned an inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall change. The discharge shall change to: GENERAL (UNDER HONORABLE CONDITIONS)/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I was in the middle of a divorce from the first day I reported for duty in the U.S and the Frank Cable. I had _____ issues that resulted in my discharge. I would like to have my discharge changed for my personal benefit, I was young and just wanted out. When I was active duty I did my job well all the way up to my last day. I was active in OPPR Drills and other Div activities. Please review my service record and consider my request.

 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: USN                        880621 - 910915  HON
         Inactive: USNR (DEP)     870811 - 880620  COG

 Period of Service Under Review :
Date of Enlistment: 910916               Date of Discharge: 930708

 Length of Service (years, months, days):

         Active: 01 09 23
         Inactive: None

 Age at Entry: 17                          Years Contracted: 6

Education Level: 12                        AFQT: 74

 Highest Rate: BT3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (3)    Behavior: 3.20 (3)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: ESWSI, NDSM, NAVY"E"RIBBON, SSDR

Days of Unauthorized Absence: None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):
UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

910916:  Reenlisted onboard USS SIMON LAKE (AS-33) for 6 years.
920714:  Retention Warning from [USS FRANK CABLE (AS-40)]: Advised of deficiency (An established pattern of failing to support your dependent), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920915:  Civil conviction at N. Charleston Municipal Court for driving with no license, license under suspension in another state, S.C. Code 51-1-460.
         Sent: Tried in absentia and guilty. Fined $248.00; or 30 days in jail.

930329:  Civil conviction at N. Charleston Municipal Court for DUS, S.C. Code 56-1-460; and failed to yield right of way, S.C. Code 56-5-2334.
         Sent: Fined $70.00; and fined $148.00 or 15 days in jail, respectively.

930429:  Civil conviction at Goose Creek County Court for driving with no license, license under suspension in another state, S.C. Code 51-1-460; No proof of owner ship, S.C. Code 56-3-1250; and Careless operation, Municipal Ordnance 17-15.
         Sent: Fined $133.00, $39.00 and $125.00, respectively.

930603:  [USS FRANK CABLE (AS-40)] 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 civil convictions of 920821, 930329 and 930429.
930603:          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 submit a statement on own behalf either verbally or in writing.
930611:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by civil convictions 920915, 930329 and 930429.

930625:  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 930708 under other than honorable conditions 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 but inequitable (C and D).

Although the applicant was properly discharged, the NDRB found the characterization of discharge, other than honorable, inequitable. Weighing the applicant’s overall service against the relatively minor involvement with civil authorities, the NDRB voted unanimously to upgrade the applicant’s characterization of service. The NDRB did not, however, intend to entirely excuse the applicant’s actions with an upgrade to honorable and decided the applicant must be held accountable for his actions. Accordingly, the applicant’s shall be changed to: General/ Under Honorable Conditions.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 5, effective 05 Mar 93 until 21 Jul 94), 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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