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NAVY | DRB | 2000_Navy | ND00-00510
Original file (ND00-00510.rtf) Auto-classification: Denied


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

ex-YNSR, USN
Docket No. ND00-00510

Applicant’s Request
The application for discharge review, received 000309, 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 000928. 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 discharge was based upon the legal advice aboard USS MOUNT WHITNEY (LCC-20). I thought it was the must simple way. The only reason for this upgrade is to have my VA Home Loan.

 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)     891023 - 900107  COG

 Period of Service Under Review :
Date of Enlistment: 900108               Date of Discharge: 911220

 Length of Service (years, months, days):

         Active: 01 11 13
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 37

 Highest Rate: YNSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.10 (2)    Behavior: 3.00 (2)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 13

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct, authority: NAVMILPERS MAN, Article 3630600.

 Chronological Listing of Significant Service Events :

900817:  NJP for violation of UCMJ, Article 86: UA from 0500, 900810 to 0500, 900813 [3days/S].
         Award: Restriction and extra duty for 10 days. No indication of appeal in the record.

910727:  NJP for violation of UCMJ, Article 86: (2 Specs), Spec 1: UA from unit from 0645, 910716 to 0715, 910716; Spec 2: UA from unit from 1100, 910716 to 1430, 910716, violation of UCMJ Article 95: Resisting apprehension of MA1 C____ on or about 0300, 910616, violation of UCMJ Article 121: Larceny of Lady's handbag at sports club, Norva, on or about 910616, of a value of $70.00; violation of UCMJ Article 134: (3 Specs); Spec 1: Disorderly conduct by sleeping in SM3 H____'s rack on or about 0300 910616, Spec 2: Disorderly conduct by wearing SM3 H___'s dungaree uniform on or about 0300, 910616, Spec 3: Disorderly conduct by vomiting in SM3 H____'s rack on or about 0300, 910616. .
         Award: Forfeiture of $376 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.

910727:  Retention Warning from [USS MOUNT WHITNEY (LCC-20)]: Advised of deficiency (Violation of UCMJ, Article 86 - (2 Specs),Unauthorized absence; violation of UCMJ, Article 95 - Resisting apprehension on 910616; violation of UCMJ, Article 121: Larceny of a Lady's handbag on 910616; violation of UCMJ, Article 134 (3 Specs), Disorderly conduct on 910616), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910813:  NJP for violation of UCMJ, Article 121: Larceny of a Hohner harmonica, a value of about $25.00 on or about 15 May 91.
         Award: Forfeiture of $ 376.00 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.

910901:  [USS MOUNT WHITNEY (LCC-20)] notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct an misconduct due to the commission of a serious offense [EXTRACTED FROM CO'S MESSAGE].

910907:  NJP for violation of UCMJ, Article 86: UA from 1615, 910824 to 2135, 910831 [7days/S]; violation of UCMJ, Article 134: Breaking restriction onboard USS MT WHITNEY on or about 910824.
         Award: Forfeiture of $ 376.00 pay per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.

911123:  NJP for violation of UCMJ, Article 86: UA from 0645, 911025 to 0645, 911028 [3days/S]; violation of UCMJ, Article 92: Violation of U.S. NAVREGS 1162 DTD 900914 by wrongfully consuming alcoholic beverages onboard USS MOUNT WHITNEY, on or about 911018.
         Award: Forfeiture of $ 376.00 pay per month for 2 months, restriction and extra duty for 45 days (restriction and extra duty for 30 days suspended for 6 months). No indication of appeal in the record.

911211:          Applicant advised of his rights and having elected 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 [EXTRACTED FROM CO'S MESSAGE].
911207:  Medical officer evaluation indicates applicant is alcohol dependent, not recommended for further service.
911213:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense.

911218:  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 911220 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 has no obligation to change the applicant’s discharge in order to allow him to obtain a VA Home Loan. The Board found the applicant had 5 NJPs in only one year and 11 months of service. The applicant clearly established a pattern of misconduct and his service is accurately characterized as having been served under other than honorable conditions. No relief will be granted based on this issue.

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. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 121 - larceny and Article 95 - resisted apprehension, 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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