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NAVY | DRB | 2000_Navy | ND00-00134
Original file (ND00-00134.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND00-00134

Applicant’s Request
The application for discharge review, received 991102, 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 000727. 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

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: None
         Inactive: USNR (DEP)     881223 - 881229  COG

 Period of Service Under Review :
Date of Enlistment: 881230               Date of Discharge: 910524

 Length of Service (years, months, days):

         Active: 02 04 25
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 73/71

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.45 (4)    Behavior: 2.45 (4)                OTA: 2.65

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 6

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 :

891026:  NJP for violation of UCMJ, Article 107: False official statement on 16Oct89, violation of UCMJ Article 134: Obstructing justice on 16Oct96.
         Award: Forfeiture of $250 per month for 1 month, restriction and extra duty for 45 days. No indication of appeal in the record.
891027:  Retention Warning from USS CONSTELLATION (CV 64): Advised of deficiency (Make false statement. Obstructing justice.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910305:  NJP for violation of UCMJ, Article 86 (4 specs): (1) Unauthorized absence from unit on 0700, 11Feb91 to 0700 12Feb91 (1 day/surrendered), (2) Unauthorized absence from 0700, 25Feb91 until 0830/0845, 25Feb91 (1 hour and 30/45 minutes/surrendered), (3) Unauthorized absence from 1100, 28Feb91 until 0700, 1Mar91 (20 hours/surrendered), (4) Unauthorized absence from 0730, 1Mar91 until 0600, 5Mar91 (4 days/surrendered), violation of UCMJ Article 115: Feigning mental derangement to avoid Executive Officer's Inquiry on 21Feb91, violation of UCMJ Article 134: Altering expiration date of light duty chit.
         Award: Bread and water for 3 days. No indication of appeal in the record.
910503:  NJP for violation of UCMJ, Article 86: Go from appointed place of duty on 1030, 29Apr91, fail to go at time prescribed to appointed place of duty on 0700, 1May91, Unauthorized absence from 1030, 30Apr91 to 0630, 1May91 (20 hours/surrendered), unauthorized absence from 0700, 1May91 to 0701, 2May91 (1 day/surrendered), violation of UCMJ Article 121: Larceny of car audio equip, of a value of about $5000.00 on 29Apr91.
         Award: Forfeiture of $422 per month for 2 months, restriction and extra duty for 45 days, reduction to SA. No indication of appeal in the record.
910508:  USS CONSTELLATION (CV-64) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by larceny of car audio equipment of a value of $500.00, the property of another service member on or about 29 April 1991, by obstructing justice on 16 October 1989, and by making a false official statement on 16 October 1989; and by reason of misconduct due to a pattern of misconduct as evidenced by three punishments under the UCMJ within the current enlistment: 26 October 1991, 5 March 1991 and 3 May 1991.
910508:          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.
910513:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and a pattern of misconduct.

910517:  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 910524 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 introduced no decisional issues for consideration by the Board.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, Change 8 effective 21 Aug 89 until 14 Aug 91), 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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