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NAVY | DRB | 1999_Navy | ND99-01137
Original file (ND99-01137.rtf) Auto-classification: Denied


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

ex-IC2, USN
Docket No. ND99-01137

Applicant’s Request
The application for discharge review, received 990825, 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 000427. 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 and 4-1 that the reason shall not change. The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.


SPN CODE HKA

THIS IS THE CORRECT SHELL FOR Misconduct - Pattern of misconduct. 870615 - 890110 ONLY.

THE FINDING FOR MISCONDUCT, (3630600) EFFECTIVE FOR 870615 - 890110 ONLY. THE SPN CODE IS EFFECTIVE 860911 - 930627.
 A general discharge is written UNDER HONORABLE CONDITIONS (GENERAL).



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:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USA                        750114 - 770114  RAD
                  USN                       780130 - 790903  HON
                  USN                       790904 - 850630  HON
         Inactive: USAR-R                  770115 - 780129  COG
                  USAR             741225 - 750113  COG


 Period of Service Under Review :
Date of Enlistment: 850701               Date of Discharge: 880223

 Length of Service (years, months, days):

         Active: 02 07 23
         Inactive: None

 Age at Entry: 28                          Years Contracted: 6

 Education Level: 10                        AFQT: 50

 Highest Rate: IC2

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.35 (4)    Behavior: 3.45 (4)                OTA: 3.50

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR (2), AFEM with 1 Star, GCM

 Days of Unauthorized Absence: None

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.



 Chronological Listing of Significant Service Events :

871002:  Counseling: Advised of deficiency (Continuing financial problems would result in court martial, that would lead to administrative separation from the service.), notified of corrective actions and assistance available.

871218:  Retention Warning from Fleet Combat Training Center, Atlantic, Dam Neck, Virginia Beach, VA: Advised of deficiency (Pattern of indebtedness.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

880115:  Counseling: Advised of deficiency (Responsibilities to pay debts.), notified of corrective actions and assistance available.

880205:  Fleet Combat Training Center, Atlantic notified applicant of intended recommendation for discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct as evidenced by dishonorable failure to pay just debts.

880205:          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.
880302:  Commanding officer directed discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct. Commanding officer’s comments (verbatim): IC2 (applicant) was discharged 23FEB88 with a general discharge. He had a record of indebtedness that dated back to 1982. He had been counseled properly on meeting his obligations and failed repeatedly to show his willingness to do so. Based on this I felt he deserved a general discharge.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880223 under honorable conditions (general) 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.

 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 15560A, effective 870615 - 890110), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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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