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NAVY | DRB | 1999_Navy | ND99-01163
Original file (ND99-01163.rtf) Auto-classification: Denied


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

ex-MSSR, USN
Docket No. ND99-01163

Applicant’s Request
The application for discharge review, received 990831, 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 000523. 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: GENERAL (UNDER HONORABLE CONDITIONS)/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:
Copy of DD Form 214
Copies of enlisted performance evaluation reports for 93Sep12 to 94Jan31, 96Feb01 to 96Jul15, 96Jul16 to 97Jan15, and 95Feb01 to 96Jan31

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     920819 - 930706  COG

 Period of Service Under Review :
Date of Enlistment: 930707               Date of Discharge: 970221

 Length of Service (years, months, days):

         Active: 03 07 15
         Inactive: None

 Age at Entry: 24                          Years Contracted: 4 (12 month extension)

 Education Level: 12                        AFQT: 34

 Highest Rate: MSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.60 (1)    Behavior: 3.40 (1)                OTA: 3.60
 Performance: 2.75 (4)    Behavior: 1.75 (4)                OTA: 2.38

 Military Decorations: None

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

 Days of Unauthorized Absence: None

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

GENERAL (UNDER HONORABLE CONDITIONS)/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

950501:  Retention Warning. Advised of deficiency (letter of indebtedness dated 28 December 1994, from the Navy Exchange, Naval base,1560 Mall Drive, Norfolk, Virginia, 23511-3898 and letter of indebtedness to the U.S. government dated 25 February 1995), notified of corrective actions and assistance available, advised of consequences of further deficiencies and issued a discharge warning.

951121:  NJP for violation of UCMJ, Article 134: Drunk and disorderly.
         Award: Restriction for 10 days, extra duty for 6 days. No indication of appeal in the record.
960617:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 5 days. No indication of appeal in the record.
960617:  Retention Warning: Advised of deficiency (Unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

960730:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $100 per month for 1 month, restriction and extra duty for 15 days, reduction to MSSA. Reduction suspended for 6 months. No indication of appeal in the record.
960730:  Retention Warning: Advised of deficiency (Unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

961105:  Vacate suspended reduction to MSSA awarded at CO's NJP of 30Jul96.

 961105:  NJP for violation of UCMJ, Article 91: Disrespect to a petty officer, violation of UCMJ, Article 92: Dereliction of duties.
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duties for 45 days. No indication of appeal in the record.
961105:  Retention Warning: Advised of deficiency (Disrespect to a petty officer and dereliction of duty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

970110:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $437.40 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
970129:  Applicant notified of intended recommendation for discharge General (under Honorable conditions) by reason of misconduct due to a Pattern of misconduct as evidenced by five commanding officer's non-judicial punishments occurring in your current enlistment.
970129:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ, Article 27B, elected to waive all rights.
970213:  Commanding officer directed discharge General (under Honorable conditions) by reason of misconduct due to a Pattern of misconduct. Commanding officer’s comments (verbatim): In the past 15 months, MSSR (applicant) developed a pattern of misconduct that makes him unsuited for further Naval service. In addition to five non-judicial punishments, he failed his ARC After Care Program, continually refused to accept responsibility for his actions and made no significant efforts to sustain his naval career. He lacks personal integrity and is devoid of any semblance of the Navy's core values. He has proven to be persistently remiss in executing orders and direction causing him to be an administrative burden to the command. MSSR (applicant's) habitual failures are instrumental in promoting a loss of trust, faith, and respect from his peers and that chain of command. After careful consideration, I determined that it was necessary to discharge MSSR (applicant) from the Naval service with a characterization of General.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 970221 General (under 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 introduced no decisional issues for consideration by the Board.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 14, effective 03 Oct 96 until 11 Dec 97), 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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