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NAVY | DRB | 2005_Navy | ND0501469
Original file (ND0501469.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT
FOR OFFICIAL USE ONLY

ex-OSSA, USN
Docket No. ND05-01469

Applicant’s Request
The application for discharge review was received on 20050907. The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions). The Applicant requests a documentary record discharge review. In a letter, dated 20050912, the Applicant was informed that he was approaching the 15-year point for review by this Board and may be only eligible for one review. It was suggested that he consider a personal appearance hearing review. The Applicant did not request a personal appearance. The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060525. 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 by reason of misconduct due to a pattern of misconduct .

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:
Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     19880629 – 19880629               COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 19880630             Date of Discharge: 19910715

 Length of Service (years, months, days):

         Active: 03 00 16
         Inactive: None

 Time Lost During This Period (days):
         Unauthorized absence: none
         Confinement:              none

 Age at Entry: 17 (Parental Consent)

 Years Contracted: 4

Education Level: 10                                 AFQT: 40

 Highest Rate: OS3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.3 (5)              Behavior: 2.9 (5)                 OTA: 3 .34

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214): National Defense Service Medal, Sea Service Deployment Ribbon (2), Armed Forces Expeditionary Medal, Navy “E” Ribbon, Southwest Asia Service Medal.


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

UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct - Pattern of misconduct, authority: MILPERSMAN, Article 3630600.
Chronological Listing of Significant Service Events :

880715:  Drug and Alcohol Abuse Report: Service directed urinalysis 880630 indicated Marijuana abuse, dependency not determined, recommended for retention and Level I Treatment, received written warning.

890126:  NJP for violation of UCMJ, Article 92: Having knowledge of a lawful order, did on or about 0210, 890121, fail to obey same by consuming alcohol under age.
         Award: Forfeiture of $125 per month for 1 month, restriction and extra duty for 7 days (suspended for 90 days). No indication of appeal in the record.
900112:  NJP for violation of UCMJ, Article 116: Breach of peace.
         Award: Forfeiture of $100 per month for 1 month. No indication of appeal in the record.

910123:  Retention Warning: Advised of deficiency (Failure to show proper respect to all superior officer and petty officers.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
910123:  NJP for violation of UCMJ, Article 89: Disrespect toward a Superior Commissioned Officer.
 Violation of UCMJ, Article 91: Insubordinate conduct toward a Petty Officer.
          Award: Reduction to E-3, restriction and extra duty for 15 days. No indication of appeal in the record.

910315:  NJP for violation of UCMJ, Article 91: Insubordinate conduct toward a Petty Officer.
         Award: Reduction to E-2, restriction and extra duty for 45 days. No indication of appeal in the record.
910318:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

910319:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.

910322:  Commanding Officer, USS RENTZ (FFG-46) recommended discharge with no recommendation for characterization of service by reason of misconduct pattern of misconduct. Commanding Officer’s comments: “Since assuming command in December 1990, I have had OSSA B_ (Applicant) before me at Captain’s Mast twice, both times for the same offense. He has shown no desire to improve his performance or to conform to Navy standards. In my opinion he has no potential for continued Naval service. OSSA B_ (Applicant) continued downward trend in performance and total disregard for authority coupled with his pattern of misconduct as evidenced by four NJP’s necessitate his processing for separation.

910412:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense.

910413:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights.
910421:  Drug and Alcohol Abuse Medical evaluation by Medical Department, USS MCKEE (AS-41).
          Assessment: Applicant denies social/financial problems, withdrawal symptoms, tolerance to alcohol, or need for daily drink. Has increased tolerance to marijuana. Has family history of alcoholism and drug abuse. Has psychological dependence on marijuana. No psychological dependence on alcohol. No physical dependence.
         Recommendation: If Applicant is separated, in patient substance abuse rehabilitation at VA Hospital strongly recommended.

910427:  Commanding Officer, USS RENTZ (FFG-46) recommended discharge with no recommendation for characterization of service by reason of misconduct pattern of misconduct and commission of a serious offense. Commanding Officer’s comments: “Since assuming command in December 1990, I have had OSSA B_ (Applicant) before me at Captain’s Mast twice, both times for the same offense. He has shown no desire to improve his performance or to conform to Navy standards. In my opinion he has no potential for continued Naval service. OSSA B_ (Applicant) continued downward trend in performance and total disregard for authority coupled with his pattern of misconduct as evidenced by four NJP’s necessitate his processing for separation.”

910603:  BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct pattern.

910701:  Applicant notified that he had the right to elect In-Patient Treatment at a VA Hospital. Applicant did not desire to participate in drug/alcohol rehabilitation program.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion
The Applicant was discharged on 19910715 by reason of misconduct due to a pattern of misconduct (A and B) with a service characterization of under other than honorable conditions. 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. The Applicant submitted a DD Form 293 received on 20050907, indicating that additional issues were attached. No additional documents were included with this correspondence and no additional documents concerning decisional issues have been presented by the Applicant for the Board’s consideration.

 When the service of a member of the 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 1 retention warning, 4 nonjudicial punishment proceedings for violations of Articles 92, 91 (2 specs), 89, and 116 of the UCMJ. 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 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. The Applicant can provide documentation to support any claims of post-service accomplishments or any additional evidence related to this 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 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. The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 91 - insubordinate conduct toward a petty officer (2 specs), Article 92 – failure to obey order or regulation, and Article 89 – disrespect toward a superior commissioned officer.
C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .

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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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