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NAVY | DRB | 1999_Navy | ND99-00374
Original file (ND99-00374.rtf) Auto-classification: Denied


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

ex-SA, USNR
Docket No. ND99-00374

Applicant’s Request
The application for discharge review, received 990121, 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 a 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 of misconduct, authority: NAVMILPERSMAN, Article 3630600.



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:
Copy of DD Form 214
 11 pages from applicant’s service record (previously held by NDRB)
Ltr from Congressman Wicker’s office with enclosed DD214 ICO applicant
Ltr from applicant requesting case review
Ltr from A. B. LN, character reference for applicant
Enlisted Performance Evaluation Report dtd 860131
Ltr from M. E. G. dtd 8 Feb 99, character reference for applicant
Ltr from P. S. C. dtd 8 Feb 9, character reference for applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
                  Inactive: USNR (DEP)     841109 - 850204  COG

 Period of Service Under Review :
Date of Enlistment: 850205               Date of Discharge: 870123

 Length of Service (years, months, days):

         Active: 01 11 18
         Inactive: 00 02 05

 Age at Entry: 18                          Years Contracted: 3

Education Level: 12                        AFQT: 27

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

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

 Military Decorations: None

 Unit/Campaign/Service Awards: USCG MUC

 Days of Unauthorized Absence: None


 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 :

860402:  NJP for violation of UCMJ, Article 111: Drunken driving.
         Award: Forfeiture of $50 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.

860707:  NJP for violation of UCMJ, Article 86: Absent from place of duty; violation of UCMJ Article 86: Unauthorized absence; violation of UCMJ Article 92: Failure to obey lawful order.
         Award: 30 Days Correctional Custody.

861125:  Retention Warning from USS KOELSCH (FF-1049): Advised of deficiency ( UA, Failure to obey lawful order, Setting poor example, Bringing discredit upon the Naval service.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

861219:  NJP for violation of UCMJ, Article 86: Unauthorized absence; violation of UCMJ Article 90: Willful disobey a superior commissioned officer.
Award: Forfeiture of $350 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
861221:  USS KOELSCH (FF-1049) 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 NJP’s on 860402, 860707, and 861219.

861221:  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.
861223:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

870106:  CNMPC 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 870123 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 and equitable (C and D).


 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560, Change 7/86, effective 15 Dec 86 until 14 Jun 87), 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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