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NAVY | DRB | 2000_Navy | ND00-00699
Original file (ND00-00699.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND00-00699

Applicant’s Request
The application for discharge review, received 000509, 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 001121. 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. To whom it may concern,
On or about September of' '97. I was sleeping in my rack at N.A.S. Oceana. My Squadron Career Counselor came into my room unannounced and snatched my covers off of me, and then proceeded to pull me off of my rack by my ankles. I got up and he then pushed me to the floor. Where we tussled for a while until I was able to get up on my feet. He then pushed me saying "get your ass up." I then struck him in the face and again we were locked on the floor he on top of I and we had it out a little longer. Through all of this my room mates were awakened and dumbfounded. They dragged the chief from our room and asked what was going on? As he started down the hallway he said "Make that bastards dressed and on the line in five minutes." after this occurred I then got dressed and went to the quarter masters desk and asked them to call base security. Security came and escorted me to their headquarters and I filled out a grievance report. When I finished my report I then went and reported the matter to my squadron master chief petty officer. She listened to me with disconcert and instructed me to return to my duties on the line. After about a week I was called to the X.O's office where it was decided that I should be put on squadron restriction. After failure to report on one occasion I was then called to captains mast. Where I was put on base restriction and held until my discharge date. I never heard anything on the matter of my report and nothing was done about it, because the squadron was due to deploy on their six month cruise. On October 14 1 was released from military; With an OTH. These accounts are what happened to the best of my knowledge and they have in no way been altered to suit my benefit.
Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Character reference dated April 30, 2000
Character/job reference
Copy of DD Form 214

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: 961104               Date of Discharge: 971003

 Length of Service (years, months, days):

         Active: 00 11 00
         Inactive: None

 Age at Entry: 17                          Years Contracted: Unknown

 Education Level: 12                        AFQT: Unknown

 Highest Rate: AA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                           Behavior: NMF             OTA: NMF

 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

970807:  NJP for violation of UCMJ, Article 86: Unauthorized absence 26Jun97, 27Jun97, 17Jul97, 1Aug97, 4Aug97, and 5Aug97, violation of UCMJ Article 89: Disrespect towards superior commissioned officer on 17Jul97, violation of UCMJ Article 107: False official statement on 17Jul97.
         Award: Forfeiture of $200 per month for 1 month, restriction for 20 days, extra duty for 10 days, reduction to AR. Forfeiture suspended for 6 months. No indication of appeal in the record.
971023:  DD Form 214: A pplicant discharged under other than honorable conditions by reason of misconduct due to a pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

Service record incomplete.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 971003 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 describes some of the circumstances apparently surrounding his misconduct. The NDRB found this issue non decisional. Relief is not warranted.

 The NDRB is authorized to consider post-service factors in the re characterization 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 NDRB did not find the documentation provided by the applicant significant enough to warrant an upgrade.

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.

















Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 14, effective 03 Oct 96 until 11 Dec 97), 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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