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NAVY | DRB | 1999_Navy | ND99-00407
Original file (ND99-00407.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND99-00407

Applicant’s Request
The application for discharge review, received 990127, requested that the characterization of service on the discharge be changed to Honorable or 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 991213. 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/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Nature of separation too harsh for offenses committed.

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 her application.

 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: None
         Inactive: USNR (DEP)     940110 - 940118  COG

 Period of Service Under Review :
Date of Enlistment: 940119               Date of Discharge: 950809

 Length of Service (years, months, days):

         Active: 01 06 22
         Inactive: None

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 54

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (1)    Behavior: 3.60 (1)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

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 :

950222:  Retention Warning from [Naval Station Anacostia]: Advised of deficiency (Failure to adhere to Navy regulations and barracks regulations, late for work (UA) on a continual basis and failure to show to required counseling appointments.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

950317:  NJP for violation of UCMJ, Article 92: (1) Failure to obey a lawful order, to wit: being a guest in a male SA's room after visiting hours, (2) Failure to obey a lawful order, to wit: having a guest in her room after hours, violation of UCMJ Article 134: Wrongfully consume alcohol on 12JAN95, False swearing on 1Mar95.
         Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. Reduction suspended for 6 months. No indication of appeal in the record.
950616:  NJP for violation of UCMJ, Article 134: Mail, taking, opening, secreting, destroying, or stealing, violation of UCMJ Article 92: Failure to obey order or regulation.
         Award: Restriction and extra duty for 30 days. Restriction and extra duty suspended for 6 months. No indication of appeal in the record.
950629:  Applicant notified applicant of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern of Misconduct and Misconduct due to Commission of a Serious Offense as evidenced by your current enlistment.
950630:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights.
950712:  Vacated suspended restriction and extra duty for 30 days.

 950720:  NJP for violation of UCMJ, Article 86: Unauthorized absence, failure to obey order/regulation on 19 and 20 July 1995.
         Award: Restriction and extra duty for 45 days. No indication of appeal in the record.
950724:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of Misconduct due to a Pattern of Misconduct.

950803:  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 950809 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).

In the applicant’s issue 1, the Board determined this issue is without merit. The applicant states the nature of separation was too harsh for the offense. The applicant was in the military for one year and six months. During the list six months of her enlistment, she established a pattern of willfully disobeying Navy regulations. She was issued a retention warning 22FEB95, which gave her a second opportunity to conform to military life but she continued to display contempt for Navy regulations. Following the retention warning she was convicted of misconduct on three separate occasions, at Captain’s Mast. Her discharge was proper and equitable. Relief denied.

In the applicant’s issue 2, the Board determined this issue is without merit. The applicant did not provide any documentation to show that she has established a reputation of good character and conduct, nor has she provided proof of any post-service accomplishments that warrant recharacterization of her discharge. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective
22 Jul 94 until 02 Oct 96), 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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