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NAVY | DRB | 2001_Navy | ND01-00151
Original file (ND01-00151.rtf) Auto-classification: Denied


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

ex-MSSN, USN
Docket No. ND01-00151

Applicant’s Request
The application for discharge review, received 001117, 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: GENERAL UNDER HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

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:
Copy of DD Form 214
Service Related Documents (15pgs)
Letter from Applicant to Board
Copy of Memphis Housing Authority License
Copy of Millington Police Department Reserve Officer License
Copy of Tennessee Gang Investigator Association Certificate
Copy of Certificate of Training (Correctional Officer)
Copy of Certificate of Achievement (Local Jail Basic Training)
Copy of Certificate of Training (Defensive Tactics)
Copy of Certificate of Training (520 hours Recruit Training Course)
Copy of Certificate of Training (EVOC and Defensive Driving)
Copy of Certificate of Training (PPCT Management Systems Course)
Copy of Certificate of Training (Doppler Radar Operation)
Copy of Certificate of Training (Chemical Weapons)
Copy of Certificate of Training (DUI Detection & Testing)
Copy of Certificate of Training (Hazardous Materials)
Copy of Certificate of Training (Intoxilyzer 1400 Operation)
Copy of Certificate of Training (First Responder Spanish I Training)
Copy of Certificate of Training (Spontanious Knife Defense)
Copy of Certificate of Training (CPR for the Professional Rescuer)
Copy of Certificate of Training (Winchester Expandable Police Baton)
Copy of Certificate of Training (Security Threat Group Training)
Copy of General Under Honorable Discharge Certificate

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     870612 - 870623  COG

 Period of Service Under Review :
Date of Enlistment: 870624               Date of Discharge: 900312

 Length of Service (years, months, days):

         Active: 02 08 19
         Inactive: None

 Age at Entry: 21                          Years Contracted: 4

Education Level: 12                        AFQT: 50

 Highest Rate: MS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.46 (3)    Behavior: 3.26 (3)                OTA: 3.60

 Military Decorations: None

 Unit/Campaign/Service Awards: SSDR, CGSOSR

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

880427:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $100.00 per month for 2 months (Forfeiture of $100.00 per month suspended for 1 month), restriction and extra duty for 15 days. No indication of appeal in the record.

880428:  Retention Warning from [USS EL PASO (LKA-117)]: Advised of deficiency (You were found guilty at Commanding Officer's NJP for Unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

881028:  NJP for violation of UCMJ, Article 91: Disrespect towards a petty officer, violation of UCMJ Article 92: Failure to obey a lawful order.
         Award: CCU for 30 days, forfeiture of $376.00 per month for 2 months, reduction to E-2 (suspended for 6 months). No indication of appeal in the record.

881028:  Retention Warning from [USS EL PASO (LKA-117)]: Advised of deficiency (You were found guilty at Commanding Officer's NJP for disrespect towards a Petty Officer and failure to obey a lawful order), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

881107:  Counseling Report.

881117:  Counseling Report.

890609:  Counseling Report.

890712:  Counseling Report.

891114:  NJP for violation of UCMJ, Article 92: Disobeying a lawful order.
         Award: Forfeiture of $429.00 per month for 2 months, extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
891221:  [USS EL PASO (LKA-117)] 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 1 NJP conviction for unauthorized absence on 880427, (2) NJP conviction for disrespect towards a petty officer and failure to obey a lawful order on 881028, (3) NJP conviction for disobeying a lawful order on 891114.
891229:          Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.
891230:  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, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

900130:  Commanding officer recommended discharge general under honorable conditions by reason of misconduct due to a pattern of misconduct.

900223:  CNMPC directed the applicant's discharge general under 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 900312 general under 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 introduced no decisional issues for consideration by the Board.

 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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