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NAVY | DRB | 1999_Navy | ND99-00640
Original file (ND99-00640.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND99-00640

Applicant’s Request
The application for discharge review, received 990413, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000121. 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/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 (verbatim)

1. I would like a complete review of my service records and a complete review of the entire time in the Navy. I would like it up graded to General/Under Honorable conditions so that I may be able to use the medical benefits at the VA Hospital here in P_ B_, MO.

2. My discharge was improper because it was based on 8 days of time lost during my 3 years 1 month 21 days of service with no other adverse action.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
2 Copies of DD Form 214
Associate Recruiter Certificate (Delayed Entry Program) undated

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     820226 - 821227  COG

 Period of Service Under Review :
Date of Enlistment: 821228               Date of Discharge: 860226

 Length of Service (years, months, days):

         Active: 03 01 29
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 28

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.1 (4)     Behavior: 2.55 (4)                OTA: 3.0

 Military Decorations: None

 Unit/Campaign/Service Awards: Battle "E" Award, MUC

 Days of Unauthorized Absence: 8

 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 :

840311:  Unauthorized absence from 0715, 5MAR84 to 0715, 6MAR84. Handled
at divisional level.
840810:  Unauthorized absence from 0715-0800, 6AUG84. Handled at divisional level.
840912:  Unauthorized absence from 0715-0755, 7SEP84. Handled at Captain's Mast on 19OCT84.

841012:  Unauthorized absence since 2015 this date.

841015:  Surrendered on board at 0715 (3 days). Handled at CO's Mast on 84OCT19.
841019:  NJP for violation of UCMJ, Article 86: failure to go to appointed place of duty; violation of UCMJ Article 86: unauthorized absence from 0715-0755, 84SEP07; violation of UCMJ Article 92 (2 Specs): disobeying and order and disrespect to a petty officer; violation of UCMJ, Article 86: unauthorized absence from 2015, 84OCT12 to 0715, 84OCT15.
         Award: Restriction and extra duty for 7 days, reduction to E-1. No indication of appeal in the record.
841101:  Retention Warning from USS CANOPUS: Advised of deficiency (violation of UCMJ Article 92 - disobeying a lawful order, disrespect to a petty officer and failure to obey order/regulation), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

841119:  Unauthorized absence from 0745-0900, 18NOV84.

841207:  NJP for violation of UCMJ, Article 86: UA from appointed place of duty, violation of UCMJ Article 92: derelict in the performance of duties, violation of UCMJ Article 86: UA from 0745, 84NOV18 to 0850, 84NOV18; violation of UCMJ Article 86: UA from 0745, 84NOV29 to 1400, 84NOV29; violation of UCMJ Article 92: disobeying a lawful order.
Award: Forfeiture of $275 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
850916:  Unauthorized absence from 0745. Intentions unknown.

850917:  Surrendered on board USS CANOPUS, 0750 (1 day).

851101:  NJP for violation of UCMJ, Article 86: unauthorized absence from 0745, 16SEP85 to 0750, 17SEP85.
         Award: Restriction and extra duty for 7 days. No indication of appeal in the record.

851206:  Unauthorized absence from 0730. Intentions unknown.

851209:  Surrendered on board USS CANOPUS at 0745 (3 days).

860117:  NJP for violation of UCMJ, Article 86: unauthorized absence from 0730, 6DEC85 to 0745, 9DEC85.
         Award: Restriction and extra duty for 15 days. No indication of appeal in the record.
860129:  USS CANOPUS 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 three non-judicial punishments under the Uniform Code of Military Justice within your current enlistment.
860129:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
860213:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by four non-judicial punishments under the UCMJ. Commanding officer’s comments (verbatim): "Counseling requirements met IAW MILPERSMAN 3630600 as indicated by PG 13 of 1 Nov 84 that was signed by SMN. Member has created an admin burden on this command and his presence is detrimental to good order and discipline as evidenced by four commanding officer's non-judicial punishments for misconduct. Based on the above, I recommend that member be discharged from the naval service for reason of misconduct due to a pattern of misconduct and that the discharge be characterized as under other than honorable conditions.

860218:  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 860226 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, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (D and E).

In the applicant’s issue 1, the Board found t here is no requirement or law that grants recharacterization based solely on the issue of obtaining medical veteran’s benefits. This is not an issue for which the Board will grant relief.

In the applicant’s issue 2, the Board found that the applicant was given numerous chances to try to improve his performance. He was UA on 6 different occasions, was found guilty at 4 NJPs and was given a retention warning in an attempt by the Navy to improve his conduct. The applicant’s numerous charges included disobeying lawful orders, for which he could have been court martialed. The Board will not grant relief on the basis of this issue.

 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 [e.g., 92, disobeying an order] 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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