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NAVY | DRB | 2000_Navy | ND00-00427
Original file (ND00-00427.rtf) Auto-classification: Denied


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

ex-FA, USN
Docket No. ND00-00427

Applicant’s Request
The application for discharge review, received 000222, 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 000907. 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

1. I didn't get the schooling that was promise me. I was not given a chance to apply for another school. In return I was just doing odd jobs daily with no future to learn a good trade and stay in the service for a long time. I feel the Navy let me down.

 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)     860815 - 870218  COG

 Period of Service Under Review :
Date of Enlistment: 870219               Date of Discharge: 890905

 Length of Service (years, months, days):

         Active: 02 06 17
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 88

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (3)    Behavior: 3.10 (4)                OTA: 3.27

 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 :

881004:  Applicant to unauthorized absence 0730-0745, 4Oct88.

881224:  Applicant to unauthorized absence 0730-1400, 24Dec88.

 890120:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from 0730-1030, 27Nov88, (2) Unauthorized absence 0730-1400, 3Dec88.
         Award: Forfeiture of $100 per month for 2 months, extra duty for 15 days. No indication of appeal in the record.
890203:  NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty, to wit: four extra duty musters on 31Jan89, 1 Feb89, and 2Feb89.
         Award: Confinement on bread and water for 3 days. No indication of appeal in the record.
890208:  Retention Warning from USS KITTY HAWK (CV 63): Advised of deficiency (multiple violations of the Uniform Code of Military Justice.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

890524:  Retention Warning from USS KITTY HAWK (CV 63): Advised of deficiency (Unauthorized absence from 0730 to 1030, 27 November 1988 and 0730 to 1400 3 December 1988. Failure to go to appointed place of duty, to wit: extra duty musters 31 January, 1 February and 2 February 1989.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

890725:  NJP for violation of UCMJ, Article 86: Absent from unit on 0745-1200, 24Jul89 (4 hours and 15 minutes).
         Award: Restriction and extra duty for 14 days. No indication of appeal in the record.
890801:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 134:
         Specification: Breaking restriction on 28Jul89.
         Finding: to Charge I and the specification thereunder, guilty.
         Sentence: Forfeiture of $100.00, HL for 15 days, restriction for 15 days, confinement for 5 days, reduction to FA.
         CA action 890808: Sentence approved and ordered executed.

890801:  Transient Personnel Unit, Naval Station, Philadelphia, PA 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 a pattern of misconduct.
890801:          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.
890810:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

890821:  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 890905 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 issue states: “I didn't get the schooling that was promise me. I was not given a chance to apply for another school. In return I was just doing odd jobs daily with no future to learn a good trade and stay in the service for a long time. I feel the Navy let me down.” The NDRB found that the applicant’s issue in no way mitigates the applicant’s significant pattern of misconduct including three NJP’s and one Summary Court Martial in his enlistment. Relief is denied.



Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, Change 7, effective 25 May 89 until 20 Aug 89), 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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