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NAVY | DRB | 2000_Navy | ND00-00013
Original file (ND00-00013.rtf) Auto-classification: Denied


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

ex-GSEFA, USN
Docket No. ND00-00013

Applicant’s Request
The application for discharge review, received 991001, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant listed AMERICAN LEGION as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000713. 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

 1. (EQUITY ISSUE) His violation of the UCMJ notwithstanding, this former member opines that his otherwise creditable service period is sufficient to warrant an honorable discharge.

2. (EQUITY ISSUE) This former member further request that the Board include provision of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214 (2)
Letter from applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     911112 - 920726  COG

 Period of Service Under Review :
Date of Enlistment: 920727               Date of Discharge: 970718

 Length of Service (years, months, days):

         Active: 04 11 22
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 53

 Highest Rate: GSE3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (3)    Behavior: 2.86 (3)                OTA: 3.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, NUC, SASM, AFSM (2 ND ), NM, SSDR

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 :

940211:  Retention Warning: Advised of deficiency (Poor military performance, to wit: Unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

940322:  NJP for violation of UCMJ, Article 86: Absence without leave.
         Award: NOT FOUND IN RECORD . No indication of appeal in the record.

940401:  Reduction in rate to E-3 suspended for 4 months at CO's NJP on 940322 vacated due to continued misconduct.

940405:  NJP for violation of UCMJ, Article 86: Unauthorized absence .
         Award: Restriction and extra duty for 5 days. No indication of appeal in the record.

950503:  Retention Warning: Advised of deficiency (Continued misconduct, to wit: Habitual tardiness as evidenced by CO's NJP on 950503.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

950503:  NJP for violation of UCMJ, Article 86: Absence without leave.
Award: Restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
950603:  NJP for violation of UCMJ, Article 92: Failure to obey order or regulation.
         Award: Restriction and extra duty for 45 days. No indication of appeal in the record.

970701:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

970702:  NJP for violation of UCMJ, Article 86: Absence without leave, violation of UCMJ Article 92: Dereliction in the performance of duties.
Award: Restriction and extra duty for 30 days, reduction to E-2. No indication of appeal in the record.
970702:          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

970718:  Commanding officer recommended discharge general under 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 970718 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’s first issue states: “( EQUITY ISSUE) His violation of the UCMJ notwithstanding, this former member opines that his otherwise creditable service period is sufficient to warrant an honorable discharge.” The NDRB reviewed the applicant’s service record and found that due regard was placed on the applicant’s service record when the general discharge was assigned. His extensive pattern of misconduct while on active duty warrants a general under honorable conditions discharge. Relief is not warranted.
The applicant’s second issue states: “(EQUITY ISSUE) This former member further request that the Board include provision of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of his application.” The applicant provided no documentary evidence for the NDRB’s consideration regarding his post service conduct. Relief is not warranted.
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 view DoD Directive 1332.28 and other Decisional Documents by going online at “ afls14.jag.af.mil ”.

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
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      


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