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NAVY | DRB | 1999_Navy | ND99-00617
Original file (ND99-00617.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND99-00617

Applicant’s Request
The application for discharge review, received 990401, 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 000201. 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 three to two 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:
Letter from applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     890614 - 890704  COG

 Period of Service Under Review :
Date of Enlistment: 890705               Date of Discharge: 910730

 Length of Service (years, months, days):

         Active: 02 00 21
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 62

 Highest Rate: WTSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.46 (3)    Behavior: 2.53 (3)                OTA: 2.30

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, NDSM, SASMwb*, NUC

Days of Unauthorized Absence: 12

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 :

910520:  NJP for violation of UCMJ, Article 86: UA from 901127 to 901201; 0730, 910112 to 0735, 910213; 910215 to 910219; 910401 to 910403; 1230 to 1600, 910405; 1800 to 1245, 910409; 2230 to 2309, 910409; 0715 to 0820, 910411; 0715 to 0815, 910412; 0715 to 1430, 910413; and from 0530, 910425 to 0630, 910426.
         Award: Forfeiture of $422 per month for 1 month, restriction and extra duty for 30 days, reduction to E-2. No indication of appeal in the record.

910520:  Retention Warning from USS AMERICA (CV-66): Advised of deficiency (Misconduct as evidenced by your non-judicial punishment of 20 May 1991, for violation of the UCMJ, Article 86, 11 specifications of unauthorized absence from the Transient Personnel Unit, Norfolk, Virginia and USS America (CV-66) from 27 November 1990 to 26 April 1991.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 910613:  NJP for violation of UCMJ, Article 80: Willfully tried to break restriction by using another's liberty/security pass on 910524.
         Award: Restriction and extra duty for 30 days, reduction to E-1 (reduction to E-1 suspended for 6 months). No indication of appeal in the record.

910617:  USS AMERICA (CV-66) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due commission of a serious offense and misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ in your current enlistment.
910617:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights {Extracted from CO's message}.
910625:  Commanding officer recommended 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. Commanding officer’s comments (verbatim): WTSA____(applicant’s) continued misconduct warrants separation. His presence is detrimental to morale and discipline on board AMERICA. WTSA____(applicant) has no potential for further useful military service. I strongly recommend that WTSA____(applicant) be discharged immediately under other than honorable conditions from the naval service by reason of misconduct due to the commission of a serious offense and misconduct due to a pattern of misconduct.

910723:  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 910731 under other than honorable conditions for misconduct due to a pattern of misconduct (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

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

The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E). The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant is encouraged to apply for a personal appearance hearing. The application must be received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

A.       Naval Military Personnel Manual, (NAVPERS 15560A, Change 8 effective 21 Aug
89 until 14 Aug 91), Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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 80, willfully tried to break restriction by using another’s liberty/security pass 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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