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NAVY | DRB | 2001_Navy | ND01-00005
Original file (ND01-00005.rtf) Auto-classification: Denied


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

ex-MSSA, USN
Docket No. ND01-00005

Applicant’s Request
The application for discharge review, received 001004, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a documentary record discharge review. The applicant did not list any representative on the DD Form 293. In the acknowledgement letter the applicant was informed that he was approaching the 15 year point for review by this Board and was encouraged to attend a personal appearance hearing in the Washington, D.C. area. Applicant did not respond.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010329. 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. This letter is intended to try and persuade the US Navy to upgrade my discharge. During my navy tenure I did get in trouble several times, none though as serious as the one thing that eventually got me discharged. The positive urinalysis was a one time thing even the doctor that I had counseling with noted in my medical record that he thought that I was only experimenting, which was true, haven't tried it again, nor had a desire to. Wish I never did, because I think I could've finish out my navy career with a honorable discharge if I hadn't. During my time in the navy I intended A-school in San Diego to be a cook. Since getting out, that's all I've done. Worked at a few restaurants try my own for a while (unsuccessfully) but been working for a local restauarant for 10 years. The Navy taught me my career, unknowing to me at the time. I'm not a chef, just a grill cook, probably at the top of my pay scale for what I do. My navy training taught me the importance of being on time, neatness in appearance, how to work with others, not missing any work (1 sick day in 10 years) and most o all, loyalty to my job. My naval experience was a great one, one that I'm very proud of today. Every chance I get I encourage young people to join the navy you get to see so many places. My ship USS SHENADOAH, passed through the panama canal, visited several island in the caribean. Places I've never been nor have I since then. Which really makes me appreciate in that much more. I want to thank the US Navy for the career that it taught me an the places that I visited while in. So if you can find a way, I respectfully request my discharged to be upgraded to a honorable.

 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)     None

 Period of Service Under Review :
Date of Enlistment: 830204               Date of Discharge: 851217

 Length of Service (years, months, days):

         Active: 02 10 11
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 66

 Highest Rate: MSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.73 (3)    Behavior: 3.20 (4)                OTA: 3.33

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 3

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 :

831111:  NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty.
         Award: Restriction to ship for 15 days (10 days suspended for 3 months) forfeiture of $250.00 per month for 1 month (suspended for 3 months), extra duty for 15 days. No indication of appeal in the record.

840510:  Retention Warning from [USS SHENANDOAH (AD-44)]: Advised of deficiency (frequent involvement of a discreditable nature with military authorities), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

840510:  NJP for violation of UCMJ, Article 91: Disobeying lawful order from and disrespect to PO3.
         Award: 3 day Bread & Water (To be served 18-20 May 84 due to exigencies of service), forfeiture of $200.00 per month for 1 month. No indication of appeal in the record.

840711:  NJP for violation of UCMJ, Article 134: Use of cocaine between 840518-840618.
         Award: Forfeiture of $330.00 per month for 2 months, restriction to the ship and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
840914:  Medical officer's evaluation indicates applicant is not drug/alcohol dependent [Extracted from CO's message]

840919:  Substance Abuse Report: Indicates applicant is not alcohol/drug dependent, is amenable and eligible, recommended for Level I Treatment [Extracted from CO's message].
840924:  Retention Warning from [USS SHENANDOAH (AD-44)]: Advised of deficiency (drug abuse (positive for cocaine on unit sweep held 840618), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

841024:  Substance Abuse Report: Indicates applicant is not alcohol/drug dependent [Extracted from CO's message].

850320:  UA from 0645-1330, 850320.

850605:  Civil conviction at General District Court Virginia Beach, VA for improper driving.
         Sent: Fined $35.00 plus court cost.

850607:  UA from 0900 850607 until 1100, 850610 [3days/S].

 850621:  NJP for violation of UCMJ, Article 86: UA (3 Specs), Spec 1: UA 0300-0800, 850520, Spec 2: Absent himself from appointed place of duty on 850521, Spec 3: UA 850607-850610 [3days/S], violation of UCMJ Article 91: Disobey lawful order from PO1 on 850520.
         Award: Forfeiture of $300.00 per month for 1 month, restriction and extra duty for 30 days. No indication of appeal in the record.
850925:  [USS SHENANDOAH (AD-44)] 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 5 non-judicial punishments in 23 months, and misconduct due to drug abuse as evidence by one drug incident in this enlistment.

850926:  NJP for violation of UCMJ, Article 86: UA less than 24 hours on 850901 and 850910, violation of UCMJ Article 91: Disrespect and disobedience of PO3 on 850906.
Award: Forfeiture of $347.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2. No indication of appeal in the record.
850926:  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.
851021:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse.

851205:  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.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 851217 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).

 Although the applicant may feel he was only experimenting with illegal drugs, the applicant was brought to CO’s NJP on 5 separate occasions for UA, disrespect, disobeying lawful orders in addition to his illegal drug useage. The Board found that the applicant clearly established a pattern of misconduct and his service is accurately characterized as having been performed under other than honorable conditions. No relief will be granted based on this issue. Additionally the applicant states that he has worked at a restaurant for 10 years but provided no documentation to be considered for an upgrade due to post service. For clarification, there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service. However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D). The applicant has not provided any documentation of good character and conduct. Therefore no relief will be granted.

The applicant is eligible to appeal for upgrade to discharge characterization to the Board for Correction of Naval Records.

 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.

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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