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

 ex-AEAN, USN
Docket No. ND99-01033

Applicant’s Request

The application for discharge review, received 990728, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000420.  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

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

Documentation

In addition to the service record, the following additional documentation, submitted by the applicant, was considered:

Statement from applicant

PART II - SUMMARY OF SERVICE

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

	Active:   USN			840622 - 880515	HON
	Inactive: USNR (DEP)	840619 - 840621	COG

Period of Service Under Review:

Date of Enlistment:  880516		Date of Discharge:  910801

Length of Service (years, months, days):

	Active:    03  02  16
	Inactive:  None

Age at Entry:  21			Years Contracted:  4

Education Level:  11 GED		AFQT:  59

Highest Rate:  AE3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.52 (5)	Behavior:  3.48 (5)		OTA:  3.68

Military Decorations:  None

Unit/Campaign/Service Awards:  NUC (2), BEA, SSDR, NDSM

Days of Unauthorized Absence:  None

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:

880826:	Retention Warning from TRARON TWO FIVE: Advised of deficiency (Unauthorized absence on numerous occasions.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

881101:	Body fat: 27% exceeds PRT standards.  Rec rehab.

881128:	Retention Warning from Helicopter Antisubmarine Squadron 17: Advised of deficiency (Cautioned that future performance in violation of Navy policies is unacceptable and do not meet the weight/body fat requirement.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

890201:	Retention Warning from Helicopter Antisubmarine Squadron 17: Advised of deficiency (Failure to properly provide for the financial well being of your dependents in a consistent and timely manner.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

890324:	Retention Warning from Helicopter Antisubmarine Squadron 17: Advised of deficiency (Failure to maintain an accurate recall, failure to obey a lawful order, unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

890630:	Retention Warning from Helicopter Antisubmarine Squadron 17: Advised of deficiency (Failure to honorably pay a debt incurred to wit: an installment with the Army - Navy Federal Credit Union.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

910205:	NJP for violation of UCMJ, Article 86: Failure to go, violation of UCMJ Article 89: Disrespect.
	Award:  Apologize to Lt., forfeiture of 1/2 months pay per 2 months, reduction to AEAN.  Forfeiture suspended for 2 months, reduction suspended for 6 months. No indication of appeal in the record.

910214:	Retention Warning from Helicopter Antisubmarine Squadron 17: Advised of deficiency (Violation of Article 86: Failure to go to appointed place of duty and Article 89: Disrespect towards a commissioned officer.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

910321:	Retention Warning from Helicopter Antisubmarine Squadron 17: Advised of deficiency (Suspected violation of Article 128 - Simple assault.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

910614:	Medical Record: Obesity screen.  Weight: 248, Body fat: 29%.  A: Obese.  1. Cleared for command sponsored remedial PT.  2. Return to clinic in 1 week to follow up labs.  3. If pt does not loss weight suggest referral to dietary and possible referral to Level III ARC.

910701:	NJP for violation of UCMJ, Article 91 (2 specs): (1) Disrespect on 28Jun91, (2) Failure to obey on 28Jun91.
	Award:  Reduction to AEAN.  No indication of appeal in the record.

910701:	NJP for violation of UCMJ, Article 86: Unauthorized absence on 30Jun91.
	Award: Process for administrative separation.  No indication of appeal in the record.

910701:	Helicopter Antisubmarine Squadron 17 notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to drug abuse as evidenced by two drug incidents in your current enlistment.

910701:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

910701:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.  [Date estimated.]

910722:	BUPERS 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 910801 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.

The following is provided for the applicant’s edification.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB.  The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

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.  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