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NAVY | DRB | 2001_Navy | ND01-00022
Original file (ND01-00022.rtf) Auto-classification: Denied


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

ex-MMFN, USN
Docket No. ND01-00022

Applicant’s Request
The application for discharge review, received 001010, 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.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010313. 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 HONORABLE CONDITIONS (GENERAL)/Misconduct - Pattern of Misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. In 1992 I was discharge from the U.S. Navy. My discharge was label General/Under Honorable Conditions. I am now trying to enroll in college & due to this label I am at this time unable to receive any benefits of the G.I. Bill. I am requesting that my discharge be upgraded to Honorable Conditions. Thank you for your time & consideration on this matter.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     891115 - 900325  COG

 Period of Service Under Review :
Date of Enlistment: 900326               Date of Discharge: 921216

 Length of Service (years, months, days):

         Active: 02 08 21
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 12                        AFQT: 27/34

 Highest Rate: MMFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.67 (3)    Behavior: 3.47 (3)                OTA: 3.67

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC, JMU, NDSM, SSDR, SASM w/Bronze Star

 Days of Unauthorized Absence: None

 Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

900327:  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/drug abuse: Charged with unlawful consumption of liquor in public place, May 1989. However, any further deficiencies in performance or conduct may result in processing for administrative separation.

900328:  Applicant briefed on Navy's policy on drug and alcohol abuse.

911030:  Retention Warning from USS MACDONOUGH (DDG 39): Advised of deficiency (Alcohol abuse and absence without leave.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

911204:  NJP for violation of UCMJ, Article 86: Absence without leave on 21Nov91.
         Award: Restriction and extra duty for 7 days. No indication of appeal in the record.
920706:  NJP for violation of UCMJ, Article 86: Absence without leave on 8May92.
         Award: Extra duty for 7 days. No indication of appeal in the record.
920706:  Retention Warning from USS MACDONOUGH (DDG-39): Advised of deficiency (Absence without leave.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

921001:  NJP for violation of UCMJ, Article 86: Absence without leave.
         Award: Restriction and extra duty for 15 days. No indication of appeal in the record.
921022:  Applicant arrested for alleged possession of a controlled substance, marijuana. Case pending.

921204:  NJP for violation of UCMJ, Article 86: Absence without leave from 1545 to 1606, 9Nov92, violation of UCMJ, Article 92 (3 specs): (1) Failure to obey order or regulation on or about 9Nov92, (2) Failure to obey order or regulation on 9Nov92, (3) Failure to obey order or regulation on 9Nov92.
         Award: Forfeiture of $440 per month for 2 months, restriction for 30 days, reduction to MMFA. Forfeiture and reduction suspended for 2 months. No indication of appeal in the record.
921216:  Applicant declined in-patient treatment prior to discharge.

921006:  USS MACDONOUGH (DDG-39) 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 three nonjudicial punishments during member's current enlistment.
921013:          Applicant advised of his rights and having consulted 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.
921016:  Commanding officer recommended discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct.

921022:  BUPERS directed the applicant's discharge under honorable conditions (general) 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 921216 under honorable conditions (general) 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: “In 1992 I was discharge from the U.S. Navy. My discharge was label General/Under Honorable Conditions. I am now trying to enroll in college & due to this label I am at this time unable to receive any benefits of the G.I. Bill. I am requesting that my discharge be upgraded to Honorable Conditions. Thank you for your time & consideration on this matter.” The NDRB found no impropriety or inequity in the applicant’s discharge. Passage of time or pursuit Veteran’s benefits is not reason to grant relief. The applicant’s record shows a considerable pattern of misconduct and disobedience while on active duty. Relief is denied.

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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