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NAVY | DRB | 2000_Navy | ND00-00238
Original file (ND00-00238.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND00-00238

Applicant’s Request
The application for discharge review, received 991208, 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 000803. 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)/Misconduct - 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 record is sufficient to warrant a fully honorable discharge.

2. (EQUITY ISSUE) This former member further requests 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:
None

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     900823 - 901001  COG

 Period of Service Under Review :
Date of Enlistment: 901002               Date of Discharge: 921001

 Length of Service (years, months, days):

         Active: 02 00 00
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 38

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (2)    Behavior: 3.00 (2)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 2

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

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

 Chronological Listing of Significant Service Events :

910517:  NJP for violation of UCMJ, Article 86: Unauthorized absence 910513-910515 (2days/S).
         Award: Restriction and extra duty for 7 days. No indication of appeal in the record.

910708:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $150.00 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.

910709:  Retention Warning from [USS OLIVER HAZARD PERRY (FFG-7)]: Advised of deficiency (At Commanding Officer's NJP held on 09 July 91 you were found guilty of a violation of UCMJ, Article 86, unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910730:  NJP for violation of UCMJ, Article 86: (2 Specifications), Unauthorized absence.
         Award: Forfeiture of $50.00 per month for 2 months, restriction and extra duty for 18 days, reduction to E-1. No indication of appeal in the record.

911029:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Correctional Custody for 30 days. No indication of appeal in the record.

920213:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Restriction and extra duty for 7 days. No indication of appeal in the record.
920727:  NJP for violation of UCMJ, Article 91: Disrespect towards a Senior Petty Officer.
         Award: Forfeiture of $150.00 per month for 2 months. No indication of appeal in the record.
920729:  USS OLIVER HAZARD PERRY (FFG-7) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by your six non-judicial punishments under the UCMJ in your current enlistment.
920729:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
920923:  An Administrative Discharge Board, based upon a preponderance of the evidence, found that the applicant had committed misconduct, that the misconduct warranted separation, and recommended discharge general under honorable conditions.

920925:  Commanding officer recommended discharge of 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 921001 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’s first issue states: “(EQUITY ISSUE) His violation of the UCMJ notwithstanding, this former member opines that his otherwise creditable service record is sufficient to warrant a fully honorable discharge.” The NDRB found that the applicant’s misconduct, including six Non Judicial Punishments in his enlistment outweighed his otherwise creditable service. Relief is not warranted.

 The applicant’s second issue states: “(EQUITY ISSUE) This former member further requests 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 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. Relief not warranted.






Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Aug 91 until
04 Mar 93), 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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