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NAVY | DRB | 2004_Navy | ND04-00535
Original file (ND04-00535.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND04-00535

Applicant’s Request
The application for discharge review was received on 20040211. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests a documentary record review. The Applicant did not list any representative on the DD Form 293. Subsequent to the application, the applicant obtained representation by the Veterans of Foreign Wars.

Decision

A documentary review was conducted in Washington, D.C. on 20041001. 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 HONORABLE CONDITIONS (GENERAL)/Misconduct - Pattern of Misconduct, authority: NAVMILPERSMAN, Article 3630600.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

No issues were submitted by the Applicant.

Issues submitted by Applicant’s counsel/representative ( VETERANS OF FOREIGN WARS):
“Applicant indicated above requested that Veterans of Foreign Wars act as counsel concerning his application. His records were reviewed on July 14, 2004 and the following comments are hereby submitted.

We ask for a careful and considerate review is completed on this Applicant. We refer this case to the Board for their careful and compassionate consideration and request the applicant’s discharge be reviewed and his discharge be upgraded to Honorable.”
Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
Copy of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: None
         Active: None

 Period of Service Under Review :
Date of Enlistment: 900813               Date of Discharge: 920629

 Length of Service (years, months, days):

         Active: 01 07 24
         Inactive: 00 02 24

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 12                        AFQT: 42

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.30 (2)    Behavior: 2.80 (2)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: SASM w/2 Bronze Stars, NDSM, NER, SSDR, KLM, JMUA, NUC

 Days of Unauthorized Absence: None

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

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

 Chronological Listing of Significant Service Events :

901106:  Ordered to active duty for 24 months under the Seaman Apprenticeship Program and a period in the Individual Ready Reserve (IRR), totaling seventy-two (72) months which includes time spent in a delay status prior to commencement of active duty.

910807:  Civil Conviction: Reckless driving 20 MPH over.
 Sentence: Fined $100.00 and court cost.
911119:  NJP for violation of UCMJ, Article 134: Drinking underage.
         Award: Restriction and extra duty for 15 days. No indication of appeal in the record.
920102:  Retention Warning from [USS SAN DIEGO (APF-6)]: Advised of deficiency (Article 134- Two instances of drinking underage, Article 134- Disorderly in conduct after being returned to the USS SAN DIEGO (AFS-6) as a courtesy turnover from Shore Patrol), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920102:  NJP for violation of UCMJ, Article 134: Drinking underage and disorderly conduct.
         Award: Forfeiture of $200.00 pay per month for 1 month, restriction and extra duty for 45 days, reduction in rate (suspended for 6 months). No indication of appeal in the record.
920320:  NJP for violation of UCMJ, Article 92: Failure to obey a lawful general order.
         Award: Forfeiture of half month’s pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. Punishment of RIR to E-1 suspended at CO’s NJP of 920102 vacated due to continued misconduct. No indication of appeal in the record.
920506:  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 commission of a serious offense, but bases upon the 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 honorable conditions (general).

920512:  Commanding Officer recommended discharge under honorable conditions (general) by reason of misconduct due to the commission of a serious offense and misconduct due to a pattern of misconduct.

920603:  NJP for violation of UCMJ, Article 91: Willfully disobedience of a Petty Officer, on 920530 SNM having received a lawful order to cut weeds at Pier 22 parking lot, and order which it was his duty to obey did at Pier 22 parking lot, NAVSTA NORVA willfully disobeyed and on 920530 SNM willfully disobeyed a lawful order to pick up trash at Pier 22, violation of UCMJ, Article 108: Damaging military property, on 920530 SNM willfully damaged by running the machine against concrete, a stihl gas powered trimmer, of a value of about $305.00, military property of the United States, the amount of damage being in the amount of about $100.00.
Award: Forfeiture of $393.00 pay per month for 2 months, restriction for 60 days at Nimitz Hall. No indication of appeal in the record.
920610:  BUPERS directed the Applicant's discharge under honorable conditions (general) 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 19920629 under honorable conditions (general) 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 submitted no issues for the Board’s consideration. Nonetheless, a careful review of the Applicant’s record revealed no improprieties or inequities in the characterization of his discharge. As such, relief is not warranted.

 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. 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, effective 15 Aug 91 until
04 Mar 93), 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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