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NAVY | DRB | 2000_Navy | ND00-00049
Original file (ND00-00049.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND00-00049

Applicant’s Request
The application for discharge review, received 991018, 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 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: UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 1. My reason for the OTH to be upgraded are as follows; during my enlistment there were many things that led up to my discharge. I feel the discharge I received was to harsh for the punishment.

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

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     840705 - 841216  COG

 Period of Service Under Review :
Date of Enlistment: 841217               Date of Discharge: 861217

 Length of Service (years, months, days):

         Active: 02 00 01
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 38

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.06 (3)    Behavior: 3.00 (3)                OTA: 2.93

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: None

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 :

850614:  NJP for violation of UCMJ, Article 92: Violate a lawful general order, to wit: NAVSTAINST 11101.1L, PARA 32, by being in a resident's room past regular visiting hours.
         Award: Forfeiture of $100 per month for 1 month. No indication of appeal in the record.

850829:  NJP for violation of UCMJ, Article 112a: Wrongfully use marijuana, a schedule I controlled substance on or about 850816.
         Award: Forfeiture of $347.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.

850830:  Retention Warning from [Naval Station, Annapolis, Maryland]: Advised of deficiency (You have had two violation of the UCMJ that included one charge of wrongfully using a schedule I controlled substance, to wit: marijuana. These violations have been documented in your service record for misconduct of a discreditable nature and misconduct due to drug abuse which led to two non-judicial punishment under the UCMJ within this current enlistment.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860714:  NJP for violation of UCMJ, Article 92: (2 Specs), Failure to obey order or regulation, violation of UCMJ Article 107: False Official Statement, violation of UCMJ Article 134: Willfully and unlawfully removing an official record with the intent to destroy, violation of UCMJ Article 121: Larceny and wrongful appropriation.
         Award: Forfeiture of $358.20 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.

861003:  NJP for violation of UCMJ, Article 86: Absent without leave.
         Award: Extra duty for 6 days. No indication of appeal in the record.

861105:  CO, Naval Station, Annapolis notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse as evidenced by three or more punishments under the UCMJ within your current enlistment, and your illegal or wrongful use or possession of controlled substance (s).
861105:  Applicant advised of her 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.

861103:  NJP for violation of UCMJ, Article 92: Dereliction of duty.
         Award: Extra duty for 7 days. No indication of appeal in the record.
861107:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse.

861207:  CNMPC 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 861217 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).

In the applicant’s issue 1, the Board found that the punishment was not “too harsh” taking into account the applicant’s numerous NJPs and the severity of each one. The applicant was discharged for misconduct due to pattern of misconduct based on her 5 NJPs. The applicant could have been discharged for commission of a serious offense based on her first NJP conviction in June 1985, or drug abuse in August 1985, but instead the command gave the member a retention warning and thus an opportunity to correct her deficiencies. Directly following this, the applicant was taken to Captain’s mast 3 additional times. These 5 NJPs were within a short 2 year period. The Board finds the applicant’s service is accurately characterized as having been performed under other than honorable conditions. Relief is not warranted.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560, Change 7/86, effective 15 Dec 86 until 14 Jun 87), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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., 92, violate a general order] 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 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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