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

 ex-SA, USNR
Docket No. ND99-00537

Applicant’s Request

The application for discharge review, received 990308, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000121.  After a thorough review of the records, 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 HONORABLE CONDITIONS (GENERAL)/Misconduct - Pattern of Misconduct, authority:  NAVMILPERSMAN, Article 3630600.

The NDRB noted that the service record did not contain the DD Form 214. Member states that his DD Form 214 was lost and he has been unable to obtain a copy of it, accordingly, the NDRB reviewed this case without the DD Form 214, using a discharge date of 12APR92. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank. 

Documentation

Only the applicant's service record was considered, as the applicant did not provide any additional documentation.

PART II - SUMMARY OF SERVICE

Prior Service (component, dates of service, type of discharge):

	Active:    None
	Inactive:  None

Period of Service Under Review:

Date of Enlistment:  880109		Date of Discharge:  920412*

Length of Service (years, months, days):

	Active:    04  02  23 (Cannot be verified)
	Inactive:  00  00  11

Age at Entry:  25			Years Contracted:  8

Education Level:  12			AFQT:  29

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.45 (4)	Behavior:  3.3 (4)		OTA:  3.5

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  5

*DD Form 214 unavailable to the Board and therefore this date not verified, but applicant indicates such as date of discharge.

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:

880120:	Commenced 48 months active duty under the TAR Program.

880822:	NJP for violation of UCMJ, Article 86:  unauthorized absence on 11, 14, and 15 August.
Award:  Restriction and extra duty for 21days.  No indication of appeal in the record.  

881007:	NJP for violation of UCMJ, Article 134:  drunkenness - incapacitation for performance of duties through prior wrongful indulgence in intoxication liquor, violation of UCMJ Article 86:  unauthorized absence.
	Award:  Forfeiture of $200 per month for 2 months, $100 pay per month suspended for 6 months, restriction to limits of ship for 45 days.  No indication of appeal in the record.

920123:	Counseling from USS ESTOCIN:  Advised of deficiency (inability to report to morning quarters as directed), notified of corrective actions, assistance available, discharge warning issued.
	
920305:	NJP for violation of UCMJ, Article 86:  unauthorized absence.
	Award:  Restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.

920313:	USS ESTOCIN notified applicant of intended recommendation for discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct as evidenced by the imposition of Commanding Officer's Non-Judicial Punishment on 22 Aug 88 for violation of UCMJ Article 86, on 7 October 88 for violation of UCMJ Article 86 and 134, and on 5 March 92 for violation of UCMJ Article 86.

920313:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights. 

920316:	Commanding officer recommended discharge under honorable conditions (general) by reason of misconduct due to a pattern of misconduct.  Commanding officer’s comments (verbatim):  "SA (Applicant) has had the full benefit of counseling given by his entire chain of command since the first day he reported on board.  He has shown a consistent lack of regard for his responsibilities and a lack of potential for improvement or naval service.  A review of his service record demonstrates a pattern of misconduct.  It is recommended that SA (Applicant) be separated due to misconduct as evidenced by a pattern of misconduct, and that a service characterization of General be assigned due to the less serious nature of his disciplinary infractions.

920330:	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 920412 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, 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.

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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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
		Washington Navy Yard
		720 Kennon St SE Rm 309
		Washington, D.C.  20374-5023