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NAVY | DRB | 1999_Navy | ND99-00928
Original file (ND99-00928.rtf) Auto-classification: Denied


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

ex-AEAR, USN
Docket No. ND99-00928

Applicant’s Request
The application for discharge review, received 990630, 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 000323. 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

 1. To whom it may concern
I wish the board to review the following reasons: I feel the records to be unjust in the following particulars. I have that the person or persons reading these reasons understand that at the time that I broke the rules of the U.S. Navy that I was going through a lot of difficult situations. I was dealing with a sick wife and I could not deal with the pressure of being without her. She died a year and nine days after my discharge from asthma (which she was sick with all the time I was in the Navy). I know that I did not handle the situation with better judgment and I handled the situation the wrong way. Now I can not make an honest living in civilian life, because my military records are holding me back from having any secure jobs. I have applied for a state job as a Juvenile Correctional Officer and I got the job, but I cannot be certified as an officer because of my military records (other-than-honorable discharge). May you please consider upgrading my discharge from other-than-honorable to General under honorable conditions, Thank you for your time.

Also read the answer to the question number eleven "B" (attached)

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of wife's death certificate
DD Form 149 with two attachments

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     890105 - 890911  COG

 Period of Service Under Review :
Date of Enlistment: 890912               Date of Discharge: 911021

 Length of Service (years, months, days):

         Active: 02 01 10
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

 Education Level: 12                        AFQT: 41/32

 Highest Rate: AEAA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.00 (1)    Behavior: 2.80 (1)                OTA: 2.80

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC, NDSM, SASM with 2 Bronze Stars

 Days of Unauthorized Absence: 7

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 :

890914:  Applicant briefed on Navy's policy on drug and alcohol abuse.

890915:  Retention Warning from [Recruit Training Command, Naval Training Center, Great Lakes, IL]: Advised of deficiency (Non-swim qualified.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900820:  Applicant to unauthorized absence 0730, 20Aug90.

900828:  Applicant from unauthorized absence 1200, 28Aug90 (8 days/S).

 900912:  NJP for violation of UCMJ, Article 86: Unauthorized absence (date of offense various).
         Award: Forfeiture of $363 per month for 1 month, extra duty for 45 days, reduction to AEAR. Forfeiture suspended for 3 months. No indication of appeal in the record.
900912:  Retention Warning from Air Anti-Submarine Squadron Twenty-Seven, NAS Cecil Field, FL: Advised of deficiency (Unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910514:  NJP for violation of UCMJ, Article 86: Unauthorized hours from 2330, 12May91 to 0650, 14May91 (1 day/S), violation of UCMJ Article 92 (2 specs): Failure to obey order on 910513 and 910514.
         Award: Forfeiture of $377 per month for 2 months, restriction for 21 days. Forfeiture suspended for 6 months. No indication of appeal in the record.
910516:  Retention Warning from AIRANTISUBRON Three-Two: Advised of deficiency (Article 86 and Article 92.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910921:  Vacate suspended forfeiture awarded at CO's NJP of 910514 due to continued misconduct.

910921:  NJP for violation of UCMJ, Article 112 (2 specs): Wrongful use of marijuana in Aug90 and on or about 26-27Jul91, violation of UCMJ Article 134 (75 specs): Obtaining services under false pretense by using official telephone for personal unofficial use totaling $113.65.
         Award: Forfeiture of $376 per month for 2 months, restriction for 60 days, reduction to AEAR. No indication of appeal in the record.
910930:  Substance Abuse/Dependency Evaluation: Assessment: Not Dependent on marijuana. Plan: Recommend Level II counseling/rehabilitation
910922:  Air Anti-Submarine Squadron Thirty-Two 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 all punishments under the Uniform Code of Military Justice in your current enlistment and misconduct due to drug abuse as evidenced by nonjudicial punishment on 21 September 1991.
910929:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
911003:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and drug abuse.

911016:  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 911021 under other than 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 stated in his issue that the discharge was unjust due to his wife’s illness. The NDRB found no evidence to support this assertion that would mitigate the applicant’s unauthorized use of controlled substances. Relief not warranted.

 The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. 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 reminded that he is eligible for a personal appearance hearing provided the application is 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 15560C, effective 15 Aug 91 until
04 Mar 93), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A 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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