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NAVY | DRB | 2000_Navy | ND00-00351
Original file (ND00-00351.rtf) Auto-classification: Denied


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


ex-MMFA, USNR
Docket No. ND00-00351

Applicant’s Request
The application for discharge review, received 000119, 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 000831. 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 – frequent involvement of a discreditable nature with civil or military authorities, 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
Copy of thirteen pages from applicant's service record

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
          Inactive: None
Period of Service Under Review :
Date of Enlistment: 830201               Date of Discharge: 860829

 Length of Service (years, months, days):
         Active: 02 09 23
          Inactive: 00 09 05
Age at Entry: 18                          Years Contracted: 6

 Education Level: 12                        AFQT: 70
Highest Rate: MMFN

 Final Enlisted Performance Evaluation Averages (number of marks):
Performance: 3.20 (5)    Behavior: 3.12 (5)                OTA: 3.05
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 – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.
Chronological Listing of Significant Service Events :

840920:  NJP for violation of UCMJ, Article 92: Failed to obey a lawful order to wit: consuming alcoholic beverages within 8 hours of assuming duty on 2315, 13Sep84, violation of UCMJ Article 134: Intoxication on 2315, 13Sep83, was incapacitated for the proper performance of duties.
         Award: Forfeiture of $200 per month for 1 month, extra duty for 45 days, reduction to MMFR. Reduction suspended for 6 months. No indication of appeal in the record.
841029:  Retention Warning from Naval Submarine Support Facility New London: Advised of deficiency (Episodic alcohol abuse on and off duty resulting in unauthorized absence. Reporting to duty while impaired and violation of lawful orders.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
850314:  NJP for violation of UCMJ, Article 91: Assault a noncommissioned officer by striking him in the head with his fist on 2230, 1Mar85, violation of UCMJ Article 134: Drunk and disorderly, which conduct was of a nature to bring discredit upon the Armed Forces on 1Mar85.
         Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 45 days, reduction to MMFR. No indication of appeal in the record.
860731:  NJP for violation of UCMJ, Article 116: Cause a breach of peace by wrongfully slapping FA on 0020, 17Jul86.
         Award: Forfeiture of $100 per month for 2 months, extra duty for 30 days, reduction to MMFA. No indication of appeal in the record.
860805:  Naval Submarine Support Facility New London notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of frequent involvement of a discreditable nature with civil or military authorities.
860811:  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.
860812:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of frequent involvement of a discreditable nature with civil or military authorities.

860823:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of frequent involvement of a discreditable nature with civil or military authorities.

PART III – RATIONALE FOR DECISION AND PERTINENT
REGULATION/LAW

Discussion

The applicant was discharged on 860829 under other than honorable conditions for misconduct pattern frequent involvement of a discreditable nature with civil or military authorities (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).
The applicant introduced no decisional issues for consideration by the Board.

 To permit relief, an error or injustice must be found to have existed during the period of enlistment under review. There was nothing in the records, nor did the applicant provide any documentation, to indicate there existed an error of fact, law, procedure, or discretion at the time of discharge. There was no rights violation and no basis for relief.
Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560, Change 10/85, effective
16 Dec 85 until 05 Oct 86), 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 91, for assaulting a superior non-commissioned officer, 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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