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NAVY | DRB | 2002_Navy | ND02-00111
Original file (ND02-00111.rtf) Auto-classification: Denied


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

ex-ENFA, USN
Docket No. ND02-00111

Applicant’s Request
The application for discharge review, received 011018, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance discharge review. The applicant listed the American Legion as the representative on the DD Form 293.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 020502. 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/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

 1. (Equity Issue) This former member opines that his post service conduct has been sufficiently creditable to warrant the Board’s clemency relief as authorized under provisions of SECNAVINST 5420.174C, enclosure (1), paragraph 9.3.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of DD Form 214
Letter from the applicant dated August 21, 2001
Copy of Enlisted Performance Record (2 pages)
Statement of events and circumstances leading to applicant's discharge (4 pages)
Copy of applicant's resume
Letters to applicant from United States Senate dated June 25, 1991 and July 12, 1991
Character reference dated February 2, 2001
Character reference dated February 5, 2001
Character reference dated February 12, 2001
Character reference dated August 7, 2001
Character reference dated August 21, 2001
Character reference dated September 10, 2001
Character reference dated September 18, 2001
Eighty-eight pages from applicant's service record
Letter from applicant dated February 5, 2002
Character reference dated January 12, 2002
Character reference, undated
Copy of certificate of graduation
E-mail/character reference dated December 11, 2001
Copy of signed petition dtd April 28,2002
Letter of Appreciation for A1C W_ dtd 910530
Letter of reprimand to A1C W_ dtd 910604

         

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     840501 - 840503  COG

 Period of Service Under Review :
Date of Enlistment: 840504               Date of Discharge: 861119

 Length of Service (years, months, days):

         Active: 02 06 16
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 76

 Highest Rate: EN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.05 (4)    Behavior: 3.00 (5)                OTA: 3 .10

 Military Decorations: None

 Unit/Campaign/Service Awards: CGMUC with operational device

 Days of Unauthorized Absence: 54

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

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

 Chronological Listing of Significant Service Events :

840510:  Applicant briefed on Navy's policy of drug and alcohol abuse.
860106:  NJP for violation of UCMJ, Article 86:Unauthorized absence from 0730, 26Nov85 to 0715, 16Dec85 (19 days/surrendered), violation of UCMJ, Article 112A: Wrongfully used a controlled substance, to wit: marijuana.
         Award: Forfeiture of $350 per month for 2 months, restriction and extra duty for 45 days, reduction to ENFN. Reduction suspended for 6 months. No indication of appeal in the record.
860106:  Retention Warning from USS MAHLON S. TISDALE (FFG-27): Advised of deficiency (Misconduct - drug abuse and unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

860520:  Substance Abuse Report: Marijuana possession, 1 to 3 times per month, ashore off duty. Search and seizure 16Dec85. Medical officer and CAAC found the applicant not dependent and recommended Level II treatment. Commanding officer recommended retention. Comments: His potential for future productive in naval service is good.

860706:  Applicant to unauthorized absence 0800-1830, 6Jul86.

860714:  Applicant to unauthorized absence, 14Jul86.

860718:  Applicant from unauthorized absence, 18Jul86 (4 days/surrendered).

 860807:  NJP for violation of UCMJ, Article 86: Absent from place of duty from 0530, 14Jul86 to 1757, 18Jul86 (4 days/surrendered), violation of UCMJ, Article 87: Missing ship's movement (14Jul86)
         Award: Forfeiture of $400 per month for 2 months, reduction to ENFN. Reduction suspended for 6 months. No indication of appeal in the record.
860821:  Applicant to unauthorized absence 0730, 21Aug86.

860823:  Applicant from unauthorized absence 0730, 23Aug86 (2 days/surrendered).

861003:  Vacate reduction to ENFN awarded at CO's NJP dated 7Aug86 due to continued misconduct.

861003:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 3Sep86 to 1602, 2Oct86 (29 days/surrendered).
         Award: Forfeiture of $350 per month for 2 months, restriction and extra duty for 45 days, reduction to ENFA. No indication of appeal in the record.
861006:  USS MAHLON S. TISDALE (FFG-27) 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 nonjudicial punishments on 8 January 1986; 7 August 1986, and 3 October 1986.

861013:  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.
861014:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. Commanding officer’s comments (verbatim): ENFA (applicant's) performance showed an abrupt downward trend after his last evaluation on 30 June 1986. Although he had received CO's NJP prior to this evaluation for unauthorized absence of 20 days. His performance had always been very good, and he was therefore given the benefit of the doubt. However, after 30 June, he was UA two more times for a total of 33 days and his conduct has declined to the point where he apparently no longer cares about his performance, military bearing, or future in the Navy. He has now become an administrative burden to the ship and negative influence to morale. He has been counseled several times about his deficiencies, he continues to thwart authority and does not conform to the Navy standards. It is recommended that he be discharged with other than honorable discharge.

861115:  CNMPC 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 861119 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 requested an upgrade to his discharge due to his positive post service conduct. The Board carefully reviewed the applicant’s testimony, witness testimony, and post service documentation. The Board did not find the applicant’s post service documentation sufficiently demonstrated that the discharge was inequitable. The applicant is obviously a positive influence among his friends and associates, however he did not demonstrate that he no longer uses drugs. Additionally, the applicant testified that he committed his misconduct in a willful manner because he was not satisfied with his position on the ship. The applicant was given many opportunities to change his ways but chose to commit misconduct as a means for expeditious discharge. The Other Than Honorable discharge accurately describes his service. His positive contributions in service were significantly eclipsed by his willful disregard for Naval Regulations. Relief is not warranted.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, Change 4/86, effective
06 Oct 86 until 14 Dec 86), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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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