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NAVY | DRB | 2001_Navy | ND01-00251
Original file (ND01-00251.rtf) Auto-classification: Denied


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

ex-ENFR, USN
Docket No. ND01-00251

Applicant’s Request
The application for discharge review, received 001229, requested that the characterization of service on the discharge be changed to General/under Honorable conditions. 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 010629. 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. That my character of service be upgraded to General, Under Honorable Conditions. The conditions surrounding the reason for my discharge was not due to drugs or any criminal offense. It was due to my immaturity. Please consider granting an upgrade of my discharge as I have matured and I am now a responsible family man and contributing to society.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from Applicant
Character Reference Letters (2)
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN               None
         Inactive: USNR (DEP)     901016 - 910716  COG

 Period of Service Under Review :
Date of Enlistment: 910717               Date of Discharge: 931216

 Length of Service (years, months, days):

         Active: 02 05 00
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 69

 Highest Rate: ENFN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.60 (2)    Behavior: 2.10 (2)                OTA: 2.50

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, SSDR

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 :

911219:  NJP for violation of UCMJ, Article 86: (4 Specifications), Spec 1: Absent without authority from 0900 to 1500, 911015, Specs 2, 3, and 4: Failed to go at the times prescribed to appointed places of duty various times and dates between 911016 and 911022, violation of UCMJ Article 92: (2 Specifications), Spec 1: On 911022 Dereliction of duty, to wit: failed to properly perform his duties as "chow check" at NTC galley, Spec 2: On 911025 failed to properly perform his duties as "chow checker" at NTC galley.
         Award: Forfeiture of $100.00 per month for 1 month, restriction to SSC and extra duty for 14 days (Punishment suspended for three months). No indication of appeal in the record.
911219:  Retention Warning from [SSC, GREAT LAKES, IL]: Advised of deficiency (Poor military performance: Without authority, absent himself from your organization, to wit: Company 535 "House crew working party, without authority, failed to go at the time prescribed to your appointed place of duty, to wit: Morning Muster at Company 535, Work muster at galley work muster at galley, and was derelict in the performance of those duties in that you willfully failed to properly perform the duties as " Chow Check" at Naval Training Center), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920731:  NJP for violation of UCMJ, Article 86: Unauthorized absence.
         Award: Forfeiture of $457.00 per month for 1 month, extra duty for 15 days, oral reprimand. No indication of appeal in the record.

920803:  Retention Warning from [USS SPARTANBURG COUNTY (LST-1192)]: Advised of deficiency (Violation UCMJ Article: 86 Unauthorized absence on 920721 in which you received CO's NJP on 920731), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920907:  NJP for violation of UCMJ, Article 91: Contempt towards a petty officer.
         Award: Forfeiture of $457.00 per month for 1 month, restriction to USS SPARTANBURG COUNTY and extra duty for 30 days. No indication of appeal in the record.

930826:  NJP for violation of UCMJ, Article 117: Provoking speeches and gestures, violation of UCMJ Article 128: Assault, violation of UCMJ Article 134: Communicating a threat.
         Award: Forfeiture of $100.00 per month for 1 month, restriction to limits of USS SPARTANBURG COUNTY (LST-1192) for 30 days. No indication of appeal in the record.

930826:  Retention Warning from [USS SPARTANBURG COUNTY (LST-1192)]: Advised of deficiency (Violation UCMJ Articles: 117 Provoking speeches and gestures, 128: Assault, and 134: Communicating a threat), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

931012:  NJP for violation of UCMJ, Article 121: Larceny of leather jacket value $199.00 from the NEX, Little Creek.
         Award: Forfeiture of $456.00 per month for 2 months, reduction to E-2. No indication of appeal in the record.

931117:  NJP for violation of UCMJ, Article 92: Disobeying a lawful order, violation of UCMJ Article 134: Disorderly conduct.
         Award: Forfeiture of $407.00 per month for 2 months, restriction and extra duty for 45 days (suspended for 6 months), reduction to E-1. No indication of appeal in the record.
931123:  [USS SPARTANBURG COUNTY (LST-1192)] 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.
931123:          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.
931123:  Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern of misconduct.

931130:  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 931216 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).

Issue 1. The applicant states, the conditions surrounding the reason for his discharge were not due to drugs, or any criminal offense but were due to his immaturity. The Board determined that immaturity does not mitigate the applicant’s misconduct. His numerous NJPs (six) and the nature of his misconduct were serious enough to warrant that type discharge the applicant received. The discharge was proper and equitable. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 5, effective 05 Mar 93 until 21 Jul 94), 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 “ afls10.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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