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NAVY | DRB | 1999_Navy | ND99-00634
Original file (ND99-00634.rtf) Auto-classification: Denied


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

ex-STSSN, USN
Docket No. ND99-00634

Applicant’s Request
The application for discharge review, received 990408, 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 designate a 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, 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 1910-140 (formerly 3630600).

The NDRB did note an administrative error on the original DD Form 214. Block 4a, Grade (Rate or Rank), should read: "STSSN" vice "STS3(SS)", Block 12c, Newt Active Service This Period, should read: "03 06 06" vice "03 05 29", Block 25, Separation Authority, should read: "MILPERSMAN 1910-140" vice "3630600" and Block 28, Narrative Reason for Separation, should read: “PATTERN OF MISCONDUCT” vice “MISCONDUCT”. The original DD Form 214 should be corrected or reissued as appropriate.


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:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     940331 - 940814  COG

 Period of Service Under Review :
Date of Enlistment: 940815               Date of Discharge: 980220

 Length of Service (years, months, days):

         Active: 03 06 06
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 86

 Highest Rate: STS3(SS) (E-4)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.8 (1)     Behavior: 3.8 (1)                 OTA: 3.8 (4.0 evals)
 Performance: 3.0 (1)     Behavior: 1.0 (1)                 OTA: 2.60 (5.0 evals)

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR, AFSM(w/1 Bronze Star), JMUC, ASR

 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 1910-140 (formerly 3630600).

 Chronological Listing of Significant Service Events :

960202:  NJP for violation of UCMJ, Article 92: failure to obey a lawful order - specifically fell asleep on watch.
         Award: Forfeiture of half month's pay for 2 months, reduction to E-2 (suspended for 6 months). No indication of appeal in the record. [EXTRACTED FROM REPORT AND DISPOSITION OF OFFENSE(S) (NAVPERS 1626/7 and from CO, SUBRONSUPPU Notification of Discharge processing letter of 26 Jan 98.]
960202:  Retention Warning: Advised of deficiency (failed to obey lawful order, - specifically fell asleep on watch), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
971218:  NJP for violation of UCMJ, Article 111: drunken or reckless driving.
         Award: Forfeiture of $575.55 per month for 2 months, restriction and extra duty for 4 days, reduction to E-3. No indication of appeal in the record. [EXTRACTED FROM REPORT AND DISPOSITION OF OFFENSE(S) (NAVPERS 1626/7]
980126:  Applicant notified of intended recommendation for discharge with a general under honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by Commanding Officer's non-judicial punishment of 2 Feb 96 for violation of UCMJ - Article 92 (failure to obey a lawful order - specifically fell asleep on watch), and Commanding Officer's non-judicial punishment of 18 Dec 97 for violation of UCMJ Article 111 (drunken or reckless driving).
9801XX:  Applicant advised of his rights and elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and GCMCA review if under 6 years total active and/or military service.

980313:  CO, SUBRONSUPPU, New London advised BUPERS that applicant was discharged by reason of misconduct due to a pattern of misconduct under the UCMJ, on 20 Feb 98.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 980220 with a 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).

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 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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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