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NAVY | DRB | 2000_Navy | ND00-01015
Original file (ND00-01015.rtf) Auto-classification: Denied


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

ex-SA, USN
Docket No. ND00-01015

Applicant’s Request
The application for discharge review, received 000831, 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 010301. 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 (verbatim)

1. I was injured on active duty. I have back problems stemming from injury. I wish my discharge change to receive medical benifits and a chance to go back to school. If you need updated medical records please let me know. I was injured on Thanksgiving in 1985 while the ship was on dry dock in Philedephia. The injury is in my medical records.


 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of letter from a Tri-State Neurological & Sleep Disorder Center doctor dated January 10, 2000 with attachments
Copy of examination from American Medical Imaging dated February 1, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     830223 - 831207  COG

 Period of Service Under Review :
Date of Enlistment: 831208               Date of Discharge: 860702

 Length of Service (years, months, days):

         Active: 02 06 25
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

 Education Level: 12                        AFQT: 63

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.15 (8)    Behavior: 2.22 (9)                OTA: 2.44

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 85

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 :

840731:  Applicant to unauthorized absence 0630-0935, 31Jul84 (3 hours and 5 minutes).
850301:  Applicant to unauthorized absence 0700, 1Mar85.

 850311:  Applicant from unauthorized absence 0659, 11Mar85 (10 days/surrendered).
850322:  Applicant to unauthorized absence 0700, 22Mar85.

850325:  Applicant from unauthorized absence 0700, 25Mar85 (3 days).

 850426:  NJP for violation of UCMJ, Article 86: Unauthorized absence without leave on 0815-1430, 17Apr85 (6 hours and 15 minutes), violation of UCMJ, Article 92: Failure to obey order.
         Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 10 days, reduction to SA. Reduction suspended for 6 months. No indication of appeal in the record.
850512:  Retention Warning from Naval Damage Control Training Center, Naval Base, Philadelphia, PA: Advised of deficiency (Absent from place of duty. Unsatisfactory military appearance.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

850621:  NJP for violation of UCMJ, Article 121: Wrongfully appropriate a CONTEL phone credit card number and charge calls to said number between the dated 3Apr85 and 2May85, violation of UCMJ, Article 80: Attempt to use a CONTEL phone credit card and charge calls to said number between 3Apr85 and 2May85.
         Award: Forfeiture of $250 per month for 2 months. Forfeiture suspended for 2 months. No indication of appeal in the record.
850708:  NJP for violation of UCMJ, Article 92: Failed to obey a lawful order, violation of UCMJ, Article 86: Absent from place of duty from 28Jun86 until 1Jul85 (3 days).
         Award: Vacated suspension for NJP awarded 26Apr85. No indication of appeal in the record.
850719:  NJP for violation of UCMJ, Article 86: Unauthorized from place of duty on 19Jul85, violation of UCMJ, Article 92: Failed to obey lawful order on 17Jul85.
         Award: Correctional custody for 30 days. No indication of appeal in the record.
860115:  NJP for violation of UCMJ, Article 86 (3 specs): (1) Unauthorized absence from 0700, 8Nov85 to 1154, 18Nov85 (10 days/surrendered), (2) Unauthorized absence from 0700, 20Nov85 to 1200, 21Nov85 (1 day), (3) Unauthorized absence from 0700, 3Dec85 to 0740, 4Dec85 (1 day).
         Award: Forfeiture of $319 per month for 2 months, restriction and extra duty for 45 days, reduction to SR. No indication of appeal in the record.
860121:  Retention Warning from USS INDEPENDENCE (CV-62): Advised of deficiency (Discreditable involvement with military authorities, e.g. unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860402:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 20Mar86 to 0700, 21Mar86 (1 day/surrendered).
         Award: Forfeiture of $319 per month for 2 months, restriction and extra duty for 40 days. No indication of appeal in the record.
860414:  USS INDEPENDENCE (CV-62) 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 and misconduct due to commission of a serious offense.
860414:  Applicant advised of his rights and having elected not to consult 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.
860421:  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.

860426:  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.

860528:  Applicant declared a deserter. Unauthorized absence since 0700, 28Apr86.

860624:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 28Apr86 until 2200, 23Jun86 (56 days/surrendered).
         Award: Forfeiture of $319 per month for 2 months, bread and water for 3 days. No indication of appeal in the record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 860702 under other than honorable conditions for misconduct pattern frequent involvement of a discreditable nature with civil or military authorities (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 Board found that the applicant went to CO’s NJP on 7 separate occasions, as well as receiving 2 retention warnings during his 2 years and 6 months in the Navy. The applicant clearly established a pattern of misconduct, for which he was eventually discharged from the Navy.

In the applicant’s issue 1, the applicant states that he was injured on active duty and wishes to receive medical benefits and a chance to go back to school. The Board does not have the authority to change a discharge to a medical discharge, nor does the Board have an obligation to change the applicant’s discharge in order to allow him to go back to school. No relief will be granted based on this issue.

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. 7

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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