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NAVY | DRB | 2001_Navy | ND01-00098
Original file (ND01-00098.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND01-00098

Applicant’s Request
The application for discharge review, received 001024, 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 closest to San Diego, CA. The applicant did not list any representative on the DD Form 293. In the acknowledgement 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 010406. 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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. In late 1995, I was found guilty of a drug charge by my Commanding Officer on the USS JARRETT (FFG-33). As a result, I was stripped of my rate as a Hospital Corpsman and forced to work as a Deck Seaman, with no due process months later I was found innocent of all charges at an administrative board hearing, my rate as a Hospital Corpsman should have been re-instated immediately, and I should have been allowed to finish my time with an Honorable Discharge. Instead, I was instructed to sign a document stating that I could never re-enlist in any branch of the armed forces again, and I was given an Other Than Honorable discharge one month before the end of my active obligated service. I am requesting an upgrade of my discharge to honorable and would like to appear in front of a Board or Panel to discuss all details of the above statements. Thank you.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from Applicant (3pgs)
Copy of Newspaper Article

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     910924 - 920505  COG

 Period of Service Under Review :
Date of Enlistment: 920506               Date of Discharge: 960405

 Length of Service (years, months, days):

         Active: 03 11 00
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

Education Level: 12                        AFQT: 57

 Highest Rate: HN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (4)    Behavior: 3.20 (4)                OTA: 3.40

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, BATTLE"E"RIBBON

Days of Unauthorized Absence: None

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 :

940325:  NJP for violation of UCMJ, Article 134: Did on or about 940215, wrongfully possess with the intent to deceive an official DOD vehicle registration sticker.
         Award: Forfeiture of $150.00 per month for 2 months and reduction to next inferior pay grade (suspended for 6 months), restriction to NSHS/NMC for 45 days (30 days suspended for 6 months), and extra duty for 45 days (30 days suspended for 6 months). No indication of appeal in the record.

940331:  Retention Warning from [Naval Medical Center, San Diego, CA]: Advised of deficiency (Violation of the UCMJ, 134- wrongfully posses with intent to deceive an official DOD vehicle registration sticker), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

950620:  NJP for violation of UCMJ, Article 92: Failure to obey order or regulation.
         Award: Forfeiture of $250.00 per month for 2 months, restriction and extra duty for 15 days, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.

951106:  NAVDRUGLAB SAN DIEGO, CA urinalysis report indicates applicant tested positive for cocaine.

951108:  NJP for violation of UCMJ, Article 112a: Wrongful use of controlled substance.
         Award: Forfeiture of $250.00 per month for 2 months, restriction and extra duty for 30 days, reduction to E-1. Appealed.

951108:  Punishment of RIR to HA suspended at CO's NJP on 950620 vacated this date due to CO's NJP held on 951108.

951120:  USS JARRETT (FFG-33) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse.

951120:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
951206:  Appealed denied.

960104:  An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had not committed misconduct due to drug abuse, recommended respondent be retained in the naval service.

960112:  NJP for violation of UCMJ, Article 113: Misbehavior of sentinel.
         Award: Forfeiture of $400.00 per month for 2 months. No indication of appeal in the record.

960118:  USS JARRETT (FFG-33) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a commission of a serious offense and pattern of misconduct.
960118:          Applicant advised of his rights and having elected 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.
960205:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse.

960222:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and a pattern of misconduct.
960327:  BUPERS 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 960405 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: “In late 1995, I was found guilty of a drug charge by my Commanding Officer on the USS JARRETT (FFG-33). As a result, I was stripped of my rate as a Hospital Corpsman and forced to work as a Deck Seaman, with no due process months later I was found innocent of all charges at an administrative board hearing, my rate as a Hospital Corpsman should have been re-instated immediately, and I should have been allowed to finish my time with an Honorable Discharge. Instead, I was instructed to sign a document stating that I could never re-enlist in any branch of the armed forces again, and I was given an Other Than Honorable discharge one month before the end of my active obligated service. I am requesting an upgrade of my discharge to honorable and would like to appear in front of a Board or Panel to discuss all details of the above statements. Thank you.” The Board found no injustice, impropriety, or irregularity in the applicant’s discharge for Pattern of Misconduct. The applicant was found guilt at NJP on four different occasions of UCMJ violations in his enlistment. The Administrative Board’s finding that the applicant had not committed the drug abuse offense does not erase the NJP for the Drug Abuse. The NDRB found, in addition to a finding of guilt at NJP for Drug Abuse, the applicant was found guilty of UCMJ violations of Article 134, 92 and 113 on separate occasions. The applicant met the requirements for discharge due to a Pattern of Misconduct. 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 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. 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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