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NAVY | DRB | 2001_Navy | ND01-00047
Original file (ND01-00047.rtf) Auto-classification: Denied


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

ex-MSSN, USN
Docket No. ND01-00047

Applicant’s Request
The application for discharge review, received 001013, 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 010503. 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600. Discharged in absentia.


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:
Letter from applicant (2 copies)
Character reference dated September 8, 2000 (2 copies)
Copy of DD Form 214 (2 copies)
Character reference, undated (2 copies)
Eight pages from applicant's service record (2 copies)
Letter from Special Assistant, Congressional Liaison Office dated March 20, 1998 (2 copies)
Letter to applicant from Member of Congress dated October 1, 1998 (2 copies)
Letter from Captain, U.S. Navy dated September 18, 1998 (2 copies)
Letter from Director, Records Management Center dated January 4, 1999 (2 copies)
Letter to applicant from Special Assistant, Military and State Affairs dated August 26, 1998 (2 copies), September 7, 1995 (2 copies)
Letter to applicant from Member of Congress dated June 10, 1998 (2 copies), March 5, 1998 (2 copies)
Letter to applicant from United States Senators dated August 21, 1995 (2 copies)
Letter to applicant from Member of Congress dated February 10, 1999 (2 copies)
Letter from Captain, USS SAIPAN (LHA 2) dated February 2, 1999 (2 copies)
Letter from Member of Congress dated March 27, 1998 (2 copies)
Letter from Director, National Personnel Records Center dated July 13, 1998 (2 copies)
Copy of authorization in accordance with the 1974 privacy act dated August 4, 1995 (2 copies)
Letter from Department of Veterans' Affairs, State of Indianan(2 copies)
Copy of Certificate of Advancement (2 copies)
Copy of Certificate of Appointment dated March 16, 1994 (2 copies)
Copy of Certificate of Commendation (2 copies)
Copy of Certificate of Completion dated September 25, 1990 (2 copies)
Copy of Certificate of Appointment dated September 14, 1989 (2 copies)
Copy of monthly budget dated January 20, 1995
Copy of Enlisted Performance Evaluation Report for 94Jul01 to 95Apr26
Copy of Honorable Discharge certificate for June 19, 1989 to July 1, 1993 dated July 2, 1998 (2 copies)
Copy of Enlisted Performance Evaluation Report for 93Feb01 to 94Jan25
Copy of Certificate of Appreciation (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               890619 - 930701  HON
         Inactive: USNR (DEP)     890522 - 890618  COG

 Period of Service Under Review :
Date of Enlistment: 930702               Date of Discharge: 960226

 Length of Service (years, months, days):

         Active: 02 07 25
         Inactive: None

 Age at Entry: 24                          Years Contracted: 3

 Education Level: 12                        AFQT: 28/25

 Highest Rate: MS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.90 (2)    Behavior: 3.90 (2)                OTA: 4.00

 Military Decorations: None

 Unit/Campaign/Service Awards: SASM (2), NEM, NU, SSDR (2), NDSM

 Days of Unauthorized Absence: 6

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

941114:  NJP for violation of UCMJ, Article 92: Violated a lawful general regulation, to wit: Article 1159, U.S. Navy Regulations by possessing a firearm on board a Naval installation on 27Sep94.
         Award: Forfeiture of $150 per month for 2 months, restriction and extra duty for 25 days. Forfeiture suspended for 6 months. No indication of appeal in the record.
950216:  Naval Investigative Report found on microfiche.

 950426:  NJP for violation of UCMJ, Article 112A (2 specs): (1) Wrongfully distribute marijuana on 23Nov94, (2) Wrongfully possess marijuana on 23Nov94.
         Award: Forfeiture of $567 per month for 2 months, restriction and extra duty for 45 days, reduction to MSSN. Appealed 950502. Appeal denied 950515.
950428:  Drug and Alcohol Abuse Report: Marijuana abuse, shipboard. Abuse denied. Military police on 950328. Medical recommended separate not via VA hospital. Physician found applicant not dependent and recommended separate not via VA hospital. Commanding Officer recommended separate not via VA hospital.
950526:  NJP for violation of UCMJ, Article 91: Willful disobedience of a SCPO, to wit: to help the stores onload with the rest of his watch section on 1May95.
         Award: Confinement for 3 days on bread and water. No indication of appeal in the record. Appealed 950526. Appeal denied 950608.
950717:  Applicant to unauthorized absence 0730, 17Jul95.

950718:  Applicant from unauthorized absence 0530, 18Jul85.

951213:  USS SAIPAN (LHA 2) 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 all punishments under the UCMJ in your current enlistment; misconduct due to drug abuse as evidenced by all drug incidents in your current enlistment; and misconduct due to commission of serious offenses as evidenced by service record entries.
951214:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
951214:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to a pattern of misconduct, drug abuse and commission of a serious offense, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

951220:  Applicant to unauthorized absence 0730, 20Dec95.
951222:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to drug abuse and misconduct due to commission of a serious offense.

960120:  Declared a deserter.

960215:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

960226:  Applicant discharged in absentia.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960226, in absentia, under other than honorable conditions for misconduct due to a pattern of misconduct (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

The applicant introduced no decisional issues for consideration by the Board.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective
22 Jul 94 until 02 Oct 96), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT.

B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 92 failure to obey an order if adjudged at a Special or General Court-Martial.

C. 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.

D. 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.

E. 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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