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NAVY | DRB | 1999_Navy | ND99-00644
Original file (ND99-00644.rtf) Auto-classification: Denied


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

ex-YNSR, USN
Docket No. ND99-00644

Applicant’s Request
The application for discharge review, received 990407, 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 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/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)
1. I submitted a complete and thorough package in late 1996. Unfortunately, I did not keep a copy of it. I would genuinely like to express my sincere appreciation for your assistance in this matter. While serving in the U.S. Navy, I maintained an immaculate service record and received numerous awards and commendations. In 6 years, I was promoted to YN1 (e-6), and almost impossible task. At my last duty station, I received negative inputs and was faced with harassment and discrimination. At that point, I informed my Congressman; however, I was wrongfully charged and separated. I only wish to have my discharge upgraded. It has been almost 4 years and I have had no response from the Review Board. Again, thank you for your time.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter to The Honorable Trent Lott, dtd 2 Feb 99

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     871030 - 880531  COG

 Period of Service Under Review :
Date of Enlistment: 880601               Date of Discharge: 960529

 Length of Service (years, months, days):

         Active: 07 09 22
         Inactive: None

 Age at Entry: 17                          Years Contracted: 4

 Education Level: 12                        AFQT: 57

 Highest Rate: YN1

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.96 (8)    Behavior: 3.91 (8)                OTA: 3.96

 Military Decorations: None

 Unit/Campaign/Service Awards: NAM (3), GCM (2), CAR, SSDR (5), NUC, NDSM, SASM(w/ 2 bronze stars), KLM (2), MUC, AFEM

 Days of Unauthorized Absence: None

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

950629:  NJP for violation of UCMJ, Article 86: UA from 950629 to 0755 950605 and 0730 950606 to 0810 950606, violation of UCMJ Article 92: Dereliction of duty, disrespect and violation of UCMJ Article 91: insubordinate conduct towards a noncommissioned officer.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 30 days, reduction to E-5 (suspended for 6 months) and attend anger management class. No indication of appeal in the record.

951106:  Vacation of CO’s NJP of 950629. Punishment of reduction in rate to YN2.
951215:  Retention Warning from NAVHOSP TWENTYNINE PALMS: Advised of deficiency (UA, failed to obey lawful order), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

951218:  Special Court Martial
         Charge I: violation of the UCMJ, Article 81.
         Specification: Conspiracy
         Charge II: violation of the UCMJ, Article 86.
         Specification: Unauthorized absence
         Charge III: violation of the UCMJ, Article 89.
         Specification: Disrespect to a Superior Commissioned officer.
         Charge IVI: violation of the UCMJ, Article 107.
         Specification: False official statement.
         Charge V: violation of the UCMJ, Article 111.
         Specification: Drunk driving.
 Charge VI: violation of the UCMJ, Article 134.
          Specification: Unlawful entry, and incapacitated for performance of duties.
 Findings: to Charge I through VII specifications thereunder, guilty.
          Sentence: Confinement for 2 months, reduction to E-1, forfeiture of $250 per month for 2 months.
         CA 960201: Sentence of reduction , all forfeitures and all confinement in excess of 15 days suspended for 12 months and ordered executed.
960202:  Hearing conducted to determine if probable cause existed to vacate the suspension of sentence adjudged at court-martial of 951218.
         CA 960202: Vacation of suspension ordered approved and executed.
960305:  CO, Naval Hospital, Twentynine Palms, CA notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

960305:          Applicant advised of his rights and having elected not to 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.
960305:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

960319:  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 960322 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).

In response to the applicant’s issue 1, the Board found that although the applicant may have had numerous awards and good evaluations, this was overshadowed by his serious misconduct. 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 15560C, Change 9, effective
22 Jul 94 until 02 Oct 96), 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 [e.g., 86, for unauthorized absence for a period in excess of 30 days] 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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