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NAVY | DRB | 2000_Navy | ND00-00822
Original file (ND00-00822.rtf) Auto-classification: Denied


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

ex-AR, USN
Docket No. ND00-00822

Applicant’s Request
The application for discharge review, received 000615, 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 010125. 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

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:
Statement from applicant dated May 24, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     891216 - 900213  COG

 Period of Service Under Review :
Date of Enlistment: 900214               Date of Discharge: 920424

 Length of Service (years, months, days):

         Active: 02 02 11
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 53

 Highest Rate: AN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.93 (3)    Behavior: 3.00 (3)                OTA: 3.27

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SASM with 2 Stars, KLM, NUC, JMU, SSDR, BEA

 Days of Unauthorized Absence: 1

 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 :

900323:  Retention Warning from [Recruit Training Command, Great Lakes, IL]: Advised of deficiency (Undisclosed pre-service marijuana abuse..), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900522:  You are being retained in the Naval service, despite your defective enlistment and induction due to fraudulent entry into naval service as evidenced by your failure to disclose your pre service civil involvement: Charged with speeding, driving without license, reckless driving, July 89, Oxnard, CA Paid $259.00 of $717.00 fine. However, any further deficiencies in performance or conduct may result in processing for administrative separation.

920214:  NJP for violation of UCMJ, Article 134: Wrongfully use, with the intent to deceive, another military ID card.
         Award: Forfeiture of $100 per month for 2 months, restriction for 30 days, reduction to AA. Reduction suspended for 6 months. No indication of appeal in the record.
920218:  Retention Warning from [Attack Squadron Sixty-Five, Unit 60114]: Advised of deficiency (Wrongful use with the intent to deceive another, with a unauthorized military ID card.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920319:  Vacate suspended reduction to AA awarded at CO's NJP dated 14Feb92.

 920319:  NJP for violation of UCMJ, Article 92: Underage drinking and violation of restriction.
         Award: Correctional custody for 30 days, reduction to AR. Reduction suspended for 6 months. No indication of appeal in the record.
920326:  Vacate suspended reduction to AR awarded at CO's NJP dated 19Mar92.

 920326:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $392 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
920402:  Attack Squadron Sixty-Five 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 NJP's dated 14 February 1992, 19 March 1992, and 26 March 1992.
920402:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
920403:  Alcohol dependency screening: Applicant found to be not dependent and not an abuser.

920410:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

920422:  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 920424 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 introduced no decisional issues for consideration by the Board.

 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, 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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