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NAVY | DRB | 2004_Navy | ND04-00069
Original file (ND04-00069.rtf) Auto-classification: Denied


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

ex-MSSA, USN
Docket No. ND04-00069

Applicant’s Request
The application for discharge review was received on 20031014. The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions. The Applicant requests 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 20040712. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. 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, as stated

 No issues were submitted by the Applicant.

Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copies of DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     940802 - 940815  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 940816               Date of Discharge: 961216

 Length of Service (years, months, days):

         Active: 02 04 01
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 44

 Highest Rate: MSSN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 1.00 (1)                OTA: 2.00

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MUC, LOC

 Days of Unauthorized Absence: 79

 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 :

950504:  Retention Warning: Advised of deficiency (Misconduct as evidenced by CO's NJP on 950504 for Article 86, UA from 950318 until 950321 and UA for less than 24 hours), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

950504:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 950318-950321 (3days/S); from 1000 to 2150, 950324; and from 0630, 950327 to 0629, 950328.
         Award: Forfeiture of $250.00 pay per month for 2 months (forfeiture of $250.00 pay per month for 1 months suspended for 6 months), restriction for 45 days (15 days suspended for 6 months), extra duty for 45 days (15 days suspended for 6 months). No indication of appeal in the record.

961101:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 960729 to 960815 (17days/S), from 960816-960825(10days/S); from 960829 to 960925 (27days/S), from 0700 to 1100, 960926; from 960926 to 960930(4days/S); from 1145, 961002 to 1200, 961003(1day/S); from 0600 to 0830, 961008; from 0600 to 0900, 961010 and from 961011 to 961028(17days/S); violation of UCMJ, Article 92: Violation of a lawful general regulation by wrongfully possessing drug abuse paraphernalia on 960925, and drinking alcohol under the age of 21 on 961014; violation of UCMJ, Article 111: Drunk driving on 961013; violation of UCMJ, Article 112: Wrongful use of marijuana on 960925, 960930, and 961012.
         Award: Forfeiture of $490.00 pay per month for 2 months, restriction for 60 days, reduction to E-2. No indication of appeal in the record.
961102:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by all NJP within current enlistment; misconduct due to commission of serious offense as evidenced by CO's NJP on 961101 for violation of the UCMJ, Article 92, violation of a lawful general regulation by possessing drug abuse paraphernalia; Article 92, underage drinking; and Article 111, drunk driving; and misconduct due to drug abuse as evidenced by CO's NJP of 961101 for violation of the UCMJ, Article 112a, wrongful use of marijuana on three occasions.
961102:  Applicant advised of 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

961103:  DAAR indicates marijuana abuse as a result of a consensual urinalysis,                     found not dependent, recommended for separation not via VA hospital.

 961108:  NJP for violation of UCMJ, Article 86: Fail to go to appointed place of duty, to wit: Restricted person's muster on 0645, 961105.
Award: Forfeiture of $100.00 pay per month for 1 month. No indication of appeal in the record.
961112:  Medical officer's evaluation found applicant not alcohol or drug dependent.

961115:  NJP for violation of UCMJ, Article 86: UA from muster on 4 occasions. Article 89: Disrespectful language to a commissioned officer.
 Award: Confinement for 3 das on bread and water, forf $437.00 for 2 mos reduced to E-1.
961115:  Punishment of forfeiture of $250.00 pay per month for 2 months suspended at CO's NJP of 961101 vacated due to continued misconduct.
961115:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense and misconduct due to drug abuse.

961216:  Commander, Carrier Group SIX authorized 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 19961216 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 introduced no decisional issues for consideration by the Board.

 When the service of a member of U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable. An Under Other Than Honorable Conditions discharge is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record. The Applicant’s service was marred by four nonjudicial proceedings for violations of the UCMJ, to include 16 violations of Article 86, 1 violation of Article 89, two violations of Article 92, one violation of Article 111, drunk driving, and three violations of Article 112a for illicit substance use. In addition, the Applicant was in unauthorized absence status for a total of 79 days. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service. Relief denied.

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 14, effective 03 Oct 96 until 11 Dec 97), 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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