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NAVY | DRB | 2000_Navy | ND00-01022
Original file (ND00-01022.rtf) Auto-classification: Denied


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

ex-ABEAR, USN
Docket No. ND00-01022

Applicant’s Request
The application for discharge review, received 000831, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review before a traveling panel. The applicant did not list any representative on the DD Form 293. In the acknowledgment letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) does not travel, all hearing are held in the Washington, DC Area. The Naval Discharge Review Board (NDRB) also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010215. 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. Who may be concern, I Navy joined Military in 2/87 to 2/91 I'm 35 right now (1/1/65) the thing I was in like going to mass for underage drinking ( was 24) being late for work one min for six days, my uniform (they was new) I got rob in Philly P.A they said I was U.A but I was in Navy Hospital for Two days. The Capt. S____ on the USS KITTY CV63 (Then) to me to hell for 56 days in jail, 6 days bread and water, more then a /math. For duty. You may see my records.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Business Card from Attorney at Law K____ T. G____
Business Card from Infection Limited, P.C
Business Card from Weaver's Expert Roofing
Business Card from Attorney at Law G____ & K___, P.C.
Business Card from Orthopaedic and Sports Medicine of Mobile P.C.
Business Card from State of Alabama Department of Veteran Affairs H. M____ K____
Business Card from C&M Automotive
Letter from State of Alabama Department of Veterans Affairs

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     870129 - 870202  COG

 Period of Service Under Review :
Date of Enlistment: 870203               Date of Discharge: 910211

 Length of Service (years, months, days):

         Active: 03 00 09
         Inactive: None

 Age at Entry: 22                          Years Contracted: 4

Education Level: 12                        AFQT: 35

 Highest Rate: ABEAN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.10 (4)    Behavior: 3.05 (4)                OTA: 3.10

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 7

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 :

870225:  DAAR indicates applicant tested positive on urinalysis screening into recruit training.

900118:  NJP for violation of UCMJ, Article 92: Underage drinking on 900115, violation of UCMJ Article 113: Leaving his post as roving security watch on 900115.
         Award: Confinement on Bread & Water for 3 days. No indication of appeal in the record.

900322:  NJP for violation of UCMJ, Article 86: UA from 2045 900312, to 0700, 900313.
         Award: Forfeiture of $100.00 per month for 2 months (suspended for 6 months), restriction and extra duty for 20 days. No indication of appeal in the record.

900927:  Retention Warning from USS KITTY HAWK (CV-63): Advised of deficiency (900117-NJP Article 113, Leaving his post as roving security watch on 900115; 900322-NJP VUCMJ Article 86- UA from 2045, 900312 to 0700, 900313; 900927-NJP VUCMJ Article 86, UA from 0645, 900921 to 900924; Article 134, Incapacitated for the proper performance of his duties on or about 900829 as a result of wrongful previous overindulgence in intoxicating liquor), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900927:  NJP for violation of UCMJ, Article 86: UA from 0645 900921, to 0919 900924 [3days/S], violation of UCMJ Article 134: Incapacitated for the proper performance of his duties on or about 900829 as a result of wrongful previous overindulgence in intoxicating liquor.
         Award: Forfeiture of $150.00 per month for 2 months (1 month suspended for 6 months), restriction and extra duty for 30 days, reduction to E-2(suspended for 6 months) . No indication of appeal in the record.

901011:  Punishment of RIR to ABEAA and forfeiture of $150.00 pay per month for 1 month suspended at CO's NJP of 900927 vacated this date due to continue misconduct.

901015:  NJP for violation of UCMJ, Article 86: UA from USS KITTY HAWK, from 0700-0830, 901007, violation of UCMJ Article 92: Derelict in the performance of duty on or about 901007 by failing to clean work center space in a timely manner.
         Award: Restriction for 30 days. No indication of appeal in the record.

901106:  Summary Court Martial
         Charge I: Violation of the UCMJ, Article 80: Attempt to go from appointed place of duty on 901012, Charge II: Violation of the UCMJ, Article 86: (3) Specifications, Spec I: UA from 0645-0735, 901011, Spec II: UA from 0645-0730, 901012, Spec III: UA from 0700 901013. to 1700 901015 [2days/S]; Charge III: violation of the UCMJ, Article 91: Disrespectful in language and deportment on 901012, Charge IV: violation of the UCMJ, Article 134: Breaking restriction on 901013.
         Findings: to Charge I and specification thereunder, guilty. To Charge II and specification thereunder, guilty. To Charge III and specification thereunder, guilty. To Charge IV and specification thereunder, guilty.
         Sentence: Confinement for 30 days, forfeiture of $50.00 pay per month for 1 month, reduction to E-1.
         CA 911129: Sentence approved and ordered executed.

901213:  Summary Court Martial
         Charge I: Violation of the UCMJ, Article 86, (2) Specifications.
         Specification 1: UA 0645-1058, 901113,
         Specification 2: UA from 901113-901115 [2days]; Charge II: Violation of the UCMJ, Article 91, Disrespectful in language and deportment toward ABE1 R____ on 901113.
         Findings: to Charge I and specifications 1 and 2 thereunder, guilty. To Charge II and specification thereunder, guilty.
         Sentence: Confinement for 30 days.
         CA 910110: Sentence approved and ordered executed.

910104:  USS KITTY HAWK (CV-63) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commissioned of a serious offense as evidenced by your enlisted service record.
910104:          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.
910125:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of serious offense as evidenced by his enlisted service record.

910131:  Medical Officer's evaluation found applicant ETOH dependent, no detox required, recommended Level III at VA.

910208:  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 910211 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: “Who may be concern, Navy I joined Military in 2/87 to 2/91 I'm 35 rigt now (1/1/65) the thing I was in like going to mass for underage drinking (I ws 24) being late for work one min for six days, my uniform (they was new) I got rob in Philly P.A they said I was U.A but I was in Navy Hospital for Two days. The Capt. S____ on the USS KITTY CV63 (Then) to me to hell for 56 days in jail, 6 days bread and water, more then a /mth. for duty. You may see my records.” The NDRB found the facts surrounding the applicant’s misconduct a matter of the record. The Board noted the applicant’s record shows numerous NJP’s and two court martial convictions. The Board found the Other Than Honorable discharge accurately characterized the applicant’s service. Relief is not warranted.

 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 15560A, Change 8 effective 21 Aug 89 until 14 Aug 91), 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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