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NAVY | DRB | 1999_Navy | ND99-00419
Original file (ND99-00419.rtf) Auto-classification: Denied


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

ex-SMSA, USN
Docket No. ND99-00419

Applicant’s Request
The application for discharge review, received 990202, 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 991206. 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: GENERAL UNDER HONORABLE CONDITIONS/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).



PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. Even though I didn't receive any great award except from "A" School. I feel as if I was a great service to the people on my ship. I helped out as much as I could in anyway that I could. I learned a lot from the military and feel as if I gave as much of myself as I could, but it just wasn't enough. I do know it made me more mature, but not enough time before my discharge. As I look back I have experience a lot and feel what I have learned will be applied to everything else in my life. It may be to late for me to establish myself in the United States Navy, but it not to late as a veteran. The military offer a lot of wonder benefits and schooling is one and I would really like to be considered for the benefits.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of Certificate of Completion
Copy of Signalman "A" School Certificate
Copy of DD Form 214
Copy of MGIB Statement
Copy of High School Diploma

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     950907 - 960521  COG

 Period of Service Under Review :
Date of Enlistment: 960522               Date of Discharge: 980706

 Length of Service (years, months, days):

         Active: 02 01 15
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 12                        AFQT: 35

 Highest Rate: SMSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance:     NMA               Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

GENERAL UNDER HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

 Chronological Listing of Significant Service Events :

970821:  Retention Warning: Advised of deficiency (CO's NJP held on 970821 for violation of the UCMJ, Article 86, Unauthorized absence from place of duty, violation of the UCMJ, Article 91: Disrespect/Disobey a Petty Officer), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning {Extracted from case file}.

970821:  NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty, violation of the UCMJ, Article 91: Disrespect/Disobey a Petty Officer.
         Award: Forfeiture of $300.00 pay per month for 1 month (suspended for 3 months), restriction and extra duty for 45 days, reduction to next inferior pay grade (suspended for 3 months). No indication of appeal in the record {Extracted from case file}.
971009:  NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty.
         Award: Restriction and extra duty for 20 days. No indication of appeal in the record {Extracted from case file}.

971009:  Punishment of reduction to the next inferior pay grade and forfeiture of $300.00 pay per month for one month suspended at CO's NJP of 970821 is hereby vacated due to continued misconduct.

980129:  Retention Warning: Advised of deficiency (CO's NJP held on 980129 for violation of the UCMJ, Article 86, Unauthorized absence from unit 0720, 980116 to 1020, 980116), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning {Extracted from case file}.

980129:  NJP for violation of UCMJ, Article 86: Unauthorized absence from unit 0720, 980116 to 1020, 980116.
         Award: Correctional Custody for 30 days, reduction to next inferior pay grade (suspended for 3 months). No indication of appeal in the record {Extracted from case file}.
980607:  NJP for violation of UCMJ, Article 92: Violate a lawful general regulation (Art 1165, U.S. Navy Regulations), violation of UCMJ Article 128: Assault and Battery.
Award: Oral reprimand. No indication of appeal in the record {Extracted from case file}.
980629:  Applicant notified of intended recommendation for discharge with a general under honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by CO's NJP on 970821, 980129 and 980627 and by reason of a pattern of misconduct as evidenced by CO's NJP on 980129 and 980627{Extracted from case file}.
986029:  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 case file}.
980629:  Commanding officer recommended discharge with a general under honorable conditions by reason of misconduct due to a commission of a serious offense and misconduct due to a pattern of misconduct {Extracted from case file}.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980706 with a general under 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).

 Concerning the applicant’s issue, to permit relief, an error or injustice must be found to have existed during the period of enlistment under review. There was nothing in the records, nor did the applicant provide any documentation, to indicate there existed an error of fact, law, procedure, or discretion at the time of discharge. There was no rights violation and no basis for relief.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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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