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NAVY | DRB | 1999_Navy | ND99-00849
Original file (ND99-00849.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND99-00849

Applicant’s Request
The application for discharge review, received 990608, 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 000317. 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 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:
Job/character reference dated January 12, 1999
Copy of DD Form 214
Statement from applicant
Statement from applicant's wife
Statement from applicant's mother in-law
Copy of application for compensation or pension dated October 20, 1997 (pages 7-10)
Copy of marriage license

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)              890603 - 890905  COG

 Period of Service Under Review :
Date of Enlistment: 890906               Date of Discharge: 930226

 Length of Service (years, months, days):

         Active: 03 05 21
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 19/24

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.75 (4)    Behavior: 2.55 (4)                OTA: 2.95

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM, SSDR

 Days of Unauthorized Absence: 2

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 :

890908:  Applicant briefed on Navy policy on drug and alcohol abuse.

911023:  NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance on 30Sep91.
         Award: Forfeiture of $422 per month for 2 months, restriction and extra duty for 45 days, reduction to SA. No indication of appeal in the record.
911023:  Retention Warning from USS SAN BERNARDINO (LST 1189): Advised of deficiency (Wrongful use of a controlled substance.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

911113:  NJP for violation of UCMJ, Article 121: Larceny on 14Sep91.
         Award: Forfeiture of $50 per month for 1 month. No indication of appeal in the record.
911113:  Retention Warning from USS SAN BERNARDINO (LST 1189): Advised of deficiency (Larceny.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920721:  Applicant to unauthorized absence 0700-0740, 21Jul92.

920724:  Applicant to unauthorized absence 0700-0757, 24Jul92.

 920908:  Retention Warning from USS WICHITA (AOR-1): Advised of deficiency (Unauthorized absence (2 specs), failure to obey lawful order (2 specs).), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920911:  NJP for violation of UCMJ, Article 86: Unauthorized absence on 0700, 8Sep92 to 0730, 10Sep92 (2 days/surrendered), violation of UCMJ Article 92: Failure to obey a lawful order on 28Aug92.
         Award: Forfeiture of $100 per month for 2 months, restriction for 60 days, reduction to SA. Reduction suspended for 6 months. No indication of appeal in the record.
921207:  Applicant to unauthorized absence 0530, 7Dec92.

921208:  Applicant surrendered from unauthorized absence 0200, 8Dec92.

 921228:  Vacate suspended reduction to SR awarded at CO's NJP of 11Sep92 due to continued misconduct.
921228:  NJP for violation of UCMJ, Article 86: Unauthorized absence on 0715-0830, 19Dec92.
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
930202:  NJP for violation of UCMJ, Article 134: Drinking on restriction on 1Feb93.
         Award: Forfeiture of $407.40 per month for 2 months, restriction and extra duty for 39 days. No indication of appeal in the record.
930202:  USS WICHITA (AOR-11) 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 NJP's of 23Oc91, 13Nov91, 11Sep92, 28Dec92 and 2Feb93 and misconduct due to commission of a serious offense as evidenced by wrongful use of controlled substance (NJP of 23Oct91), larceny (NJP of 13Nov91) and failure to obey lawful order (NJP of 11Sep92).
930204:          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.
930208:  Branch Medical Clinic: Drug dependency. Not drug or alcohol dependent.
930222:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense.

930222:  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 930226 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.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Aug 91 until
04 Mar 93), 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., 121, larceny, 112a, wrongful use of a controlled substance, etc.] 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, DC 20374-5023       


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