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NAVY | DRB | 1999_Navy | ND99-00609
Original file (ND99-00609.rtf) Auto-classification: Denied


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

ex-OSSR, USN
Docket No. ND99-00609

Applicant’s Request
The application for discharge review, received 990331, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 000110. 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 – frequent involvement of a discreditable nature with civil or military authorities, 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)     821117 - 830721  COG

 Period of Service Under Review :
Date of Enlistment: 830721               Date of Discharge: 860314

 Length of Service (years, months, days):

         Active: 02 07 24
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 85

 Highest Rate: OSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.20 (4)    Behavior: 1.70 (4)                OTA: 2.15

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR

Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

850604:  NJP for violation of UCMJ, Article 92: Failure to obey a written order, violation of UCMJ Article 134: Drunk and disorderly.
         Award: Forfeiture of $100 per month for 1 month, extra duty for 15 days. No indication of appeal in the record.

850712:  Retention Warning from USS JOUETT (CG-29) FPO SAN FRANCISCO: Advised of deficiency (Unsatisfactory performance, repeated disciplinary infractions and defrauding the U.S Government in that you have written a check to the Navy Exchange without sufficient funds.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

850926:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 30 days. No indication of appeal in the record.

851122:  NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ Article 112a: Wrongful use of a controlled substance.
Award: Forfeiture of $319 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
860115:  USS JOUETT (CG-29) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by your Captain's Mast and command directed urinalysis results for the same.
860115:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
860131:  Medical Officer evaluation indicated applicant is not drug dependent.

 xxxxxx:  Substance Abuse Report indicated applicant is not drug dependent {Extracted from CO's message}.
860204:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by three or more punishments under the UCMJ within the current enlistment the latest offense occurring while assigned to the parent command and drug abuse as evidenced by random urinalysis testing.

860210:  Summary Court Martial for violation of UCMJ, Article 112a: Wrongful use of a controlled substance, violation of UCMJ Article 134: Disorderly conduct.
Award: 3 days Bread & Water, 24 days confinement, forfeiture of $426 per month for 1 month.
CA (860220) Approved finding and sentence.
860210:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of frequent involvement of a discreditable nature with civil or military authorities.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 860314 under other than honorable conditions for misconduct pattern frequent involvement of a discreditable nature with civil or military authorities (A and B). The Board presumed regularity in the conduct of governmental affairs (C). After a thorough review of the records, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).

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

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560, Change 10/85, effective
16 Dec 85 until 05 Oct 86), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT A PATTERN OF MISCONDUCT.

B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 112a, for wrongful use of a controlled substance, if adjudged at a Special or General Court-Martial.

C. 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.

D. 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.

E. 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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