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NAVY | DRB | 1999_Navy | ND99-00493
Original file (ND99-00493.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND99-00493

Applicant’s Request
The application for discharge review, received 990224, requested that the characterization of service on the discharge be changed to general/under honorable conditions. The applicant requested a personal appearance hearing discharge review before a traveling panel. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000110. 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

 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:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     920720 - 930425  COG

 Period of Service Under Review :
Date of Enlistment: 930426               Date of Discharge: 941208

 Length of Service (years, months, days):

         Active: 01 07 13
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 55

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.40 (1)    Behavior: 3.00 (1)                OTA: 3.20

 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 :

930803:  Civil conviction at Millington City Court, Millington, Tennessee for public intoxication.
         Sent: Court Cost and fine a total of $167.25

940419:  Retention Warning from [SSC Great Lakes, IL]: Advised of deficiency (Violation UCMJ Article 86 (Failure to go) and Article 134 (Incapacitated for duty), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

940419:  NJP for violation of UCMJ, Article 86: UA, violation of UCMJ Article 134: Incapacitated for duty.
         Award: Forfeiture of $218.00 per month for 1 month, restriction and extra duty for 14 days, reduction to E-1. No indication of appeal in the record.

940906:  NJP for violation of UCMJ, Article 134: Drunk and disorderly on or about 940805.
         Award: Forfeiture of $416.00 per month for 2 months, restriction and extra duty for 40 days. No indication of appeal in the record.

941014:  Retention Warning from [USS FRANK CABLE (AS-40): Advised of deficiency (You have received NJP. The offenses involve being drunk and disorderly, which is in violation of Article 134 of the UCMJ; This is a serious offense, and is an misconduct, your service record reflect a pattern of misconduct as described in MILPERSMAN 3630600), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

941104:  NJP for violation of UCMJ, Article 128: Assault service member by striking at her with his hands and shoving her head against the bulkhead, violation of UCMJ Article 134: Drunk and disorderly.
         Award: Forfeiture of $150.00 per month for 1 month, restriction and extra duty for 21 days. No indication of appeal in the record.

941108:  USS FRANK CABLE (AS-40) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by your NJP of 941104 and by reason of misconduc due to a pattern of misconduct as evidenced by your NJP's of 940419, 940906, and 941104.
941108:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
941117:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by NJP on 941104 and by reason of misconduct due to pattern of misconduct evidenced by NJP's of 940419, 940906, and 941104.

941201:  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 941208 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).

The applicant introduced no decisional issues for consideration by the Board.

 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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