Search Decisions

Decision Text

NAVY | DRB | 1999_Navy | ND99-00531
Original file (ND99-00531.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-00531

Applicant’s Request
The application for discharge review, received 990303, 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 000104. After a thorough review of the records, 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:
Statement from applicant dated January 19, 1999
Copy of letter of appreciation dated April 16, 1997

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     950623 - 950827  COG

 Period of Service Under Review :
Date of Enlistment: 950828               Date of Discharge: 980130

 Length of Service (years, months, days):

         Active: 02 05 03
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 80

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, AFEM, NER

 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 :

960802:  NJP for violation of UCMJ, Article 121: Wrongful appropriation, violation of UCMJ Article 134: Disorderly conduct.
         Award: Forfeiture of $50 per month for 1 month, reduction to E-1. Reduction suspended for 6 months. No indication of appeal in the record.
960805:  Retention Warning: Advised of deficiency (Wrongful appropriation an disorderly conduct as evidenced by CO's NJP.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

961016:  Retention Warning: Advised of deficiency (Failure to pay just debts as evidenced by a letter of indebtedness dated 24Sep96.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

970306:  Retention Warning: Advised of deficiency (Failure to complete your 3-M Maintenance Man PQS within the required time frame of 90 days after checking onboard.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

970320:  Retention Warning: Advised of deficiency (Personal hygiene.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
971230:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 121.
         Specification: Wrongful appropriation.
         Finding: to Charge I and the specification thereunder, guilty.
         Sentence: Confinement for 30 days, reduction to E-2.
         CA action 980109: Sentence approved and ordered executed.
        
980108:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct
980108:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
980120:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. Commanding officer’s comments (verbatim): SA (applicant) has proven that he can not be trusted as evidenced by two separate Article 121 charges. SA (applicant's) disciplinary problems were a distraction and sources of contention with respect to good order and discipline. In the best interest of the command and the Navy, I have separated SA (applicant) locally.

980129:  Commander, Naval Surface Force approved 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 980130 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, 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 14, effective 03 Oct 96 until 11 Dec 97), 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     


Similar Decisions

  • NAVY | DRB | 1999_Navy | ND99-00849

    Original file (ND99-00849.rtf) Auto-classification: Denied

    No indication of appeal in the record.930202: NJP for violation of UCMJ, Article 134: Drinking on restriction on 1Feb93. No indication of appeal in the record.930202: USS WICHITA (AOR-11) 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 of 23Oc91, 13Nov91, 11Sep92, 28Dec92 and 2Feb93 and misconduct due to commission of a serious offense as evidenced by wrongful use...

  • NAVY | DRB | 2002_Navy | ND02-00654

    Original file (ND02-00654.rtf) Auto-classification: Denied

    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): Inactive: USNR (DEP) 930303 - 931108 COG Active: None Period of Service Under Review :Date of Enlistment: 931109 Date of Discharge: 950713 Length of Service (years, months, days):Active: 01 08 05 Inactive: None Based upon a thorough review of enclosure (1), I...

  • NAVY | DRB | 2000_Navy | ND00-00134

    Original file (ND00-00134.rtf) Auto-classification: Denied

    Chronological Listing of Significant Service Events :891026: NJP for violation of UCMJ, Article 107: False official statement on 16Oct89, violation of UCMJ Article 134: Obstructing justice on 16Oct96. No indication of appeal in the record.910508: USS CONSTELLATION (CV-64) 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 larceny of car audio equipment of a value of...

  • NAVY | DRB | 2001_Navy | ND01-01164

    Original file (ND01-01164.rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-SN, USN Docket No. The Applicant did not provide any of these documents. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.

  • NAVY | DRB | 2001_Navy | ND01-01164 (2)

    Original file (ND01-01164 (2).rtf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY NAVAL DISCHARGE REVIEW BOARD (NDRB) DISCHARGE REVIEWDECISIONAL DOCUMENT ex-SN, USN Docket No. The Applicant did not provide any of these documents. He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.

  • NAVY | DRB | 2000_Navy | ND00-00008

    Original file (ND00-00008.rtf) Auto-classification: Denied

    PART I - APPLICANT’S ISSUES AND DOCUMENTATION Age at Entry: 19 Years Contracted: 4 Education Level: 12 AFQT: 42 Highest Rate: SHSN Final Enlisted Performance Evaluation Averages (number of marks): Performance: 1.95 (4) Behavior: 2.10 (4) OTA : 2.30 Military Decorations: None Unit/Campaign/Service Awards: SSDR Days of Unauthorized Absence: 35 Character, Narrative Reason, and Authority of Discharge (at time of issuance):UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a...

  • NAVY | DRB | 1999_Navy | ND99-01197

    Original file (ND99-01197.rtf) Auto-classification: Denied

    880414: NJP for violation of UCMJ, Article 128: Assault on another service member at or about 1600, 880322, violation of UCMJ Article 134: Drunk and disorderly at 1600, 880322.Award: Forfeiture of $336.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. 880428: 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...

  • NAVY | DRB | 1999_Navy | ND99-00493

    Original file (ND99-00493.rtf) Auto-classification: Denied

    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 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,...

  • NAVY | DRB | 2001_Navy | ND01-00285

    Original file (ND01-00285.rtf) Auto-classification: Denied

    No indication of appeal in the record.861219: NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 89: Disrespect towards a superior commissioned officer, violation of UCMJ, Article 91: Disobeying a lawful order. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge and reason for discharge was proper and equitable (D and E).The applicant introduced no decisional...

  • NAVY | DRB | 2000_Navy | ND00-00370

    Original file (ND00-00370.rtf) Auto-classification: Denied

    The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).The NDRB did note an administrative error on the original DD Form 214. PART I - APPLICANT’S ISSUES AND DOCUMENTATION The applicant’s issue 4 is a non-decisional issue for the Board.