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NAVY | DRB | 1999_Navy | ND99-00492
Original file (ND99-00492.rtf) Auto-classification: Denied


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

ex-ETSA, USN
Docket No. ND99-00492

Applicant’s Request
The application for discharge review, received 990224, requested that the characterization of service on the discharge be changed to honorable and the reason for the discharge be changed to administrative. 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 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: GENERAL (UNDER HONORABLE CONDITIONS)/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.




PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. I believe "pattern of misconduct" is a bit harsh for my situation. Everyone instance of "ua" in my record involved oversleeping. I am a very heavy sleeper and have been all my life. Most of those "ua" cases were 5 minutes or less. My chief added them up over several months and then issued a report chit rather than taking care of the problem"within the division". Please keep in mind that I did my job and did it well.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     900212 - 900531  COG

 Period of Service Under Review :
Date of Enlistment: 900601               Date of Discharge: 950701

 Length of Service (years, months, days):

         Active: 05 01 01
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

Education Level: 12                        AFQT: 91

 Highest Rate: ET3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.34 (7)    Behavior: 3.34 (7)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, MUCSR, BATTLE"E"RIBBON(2 ND ), SASMwb*

 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 3630600.

 Chronological Listing of Significant Service Events :

920723:  NJP for violation of UCMJ, Article 86: Absent without leave.
         Award: Restriction and extra duty for 10 days. No indication of appeal in the record.

920812:  Retention Warning from [USS DE WERT (FFG-45)]: Advised of deficiency (Violation of UCMJ, Article 86: Unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

930105:  NJP for violation of UCMJ, Article 92: Dereliction of duty by failing to complete PMS.
Award: Reduction to E-3. No indication of appeal in the record.
931216:  NJP for violation of UCMJ, Article 86: UA from appointed place of duty.
         Award: Forfeiture of $100 (suspended for 3 months), extra duty for 10 days. No indication of appeal in the record.

941025:  NJP for violation of UCMJ, Article 86: UA, violation of UCMJ Article 92: Dereliction of duty.
         Award: Forfeiture of $200 per month for 2 months, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.

950307:  USS DE WERT (FFG-45 : Advised of deficiency (You failed to carry out your duties by dishonoring a legitimate debt, to wit: writing a check at the Navy Exchange with insufficient funds in you account to cover the check), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

950420:  NJP for violation of UCMJ, Article 86: UA, violation of UCMJ Article 92: Dereliction of duty.
         Award: Restriction to USS DE WERT and extra duty for 45 days, reduction to E-1 (suspended for 3 months). No indication of appeal in the record.
950427:  USS DE WERT (FFG-45) notified applicant of intended recommendation for discharge general under honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ in your current enlistment.
950428:          Applicant advised of his rights , elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
950510:  Commanding officer recommended discharge general under honorable conditions by reason of misconduct due to a pattern of misconduct.

950622:  BUPERS directed the applicant's discharge general under 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 950701 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).

 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 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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