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

ex-FR, USN
Docket No. ND00-00089

Applicant’s Request

The application for discharge review, received 991019, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant listed VETERANS SERVICE OFFICE as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000720.  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 (verbatim)

1.  Discharge with OTH was not equitable when compared to other servicemen with the same offenses I had.  My military offenses consisted with two periods of absence - one with less than 2 hours while the other one was not an absence. I only missed muster because I was on duty standing on watch.  I can't be at two places at one time.  I was very young when I was drunk and only once.

2.  My military Bearing and Personal Behavior marks from enlistment to discharge date were 3.2's and 3.6's and were above the minimum requirement of 3.0 for Honorable discharge.

3.  Contrary to the claim by the parent command, I was not provided a counseling by a JAG Counsel who is qualified under UCMJ Article 31 (b) before I was given administrative discharge.    

Documentation

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

Copy of DD Form 214
Copy of Commanding Officer's message (4pgs)

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	850830 - 860112	COG

Period of Service Under Review:

Date of Enlistment:  860113		Date of Discharge:  900831

Length of Service (years, months, days):

	Active:    04  09  19
	Inactive:  None

Age at Entry:  21			Years Contracted:  4 (24 months extension)

Education Level:  12			AFQT:  30

Highest Rate:  FN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.24 (5)	Behavior:  3.20 (5)		OTA:  3.20

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR(2), CGSOR 

Days of Unauthorized Absence:  1 

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:

881006:	NJP for violation of UCMJ, Article 134: Drunkenness, Overindulgence of Alcohol Beverage.
	Award:  Forfeiture of $150.00 per month for 1 month, restriction and extra duty for 14 days.  No indication of appeal in the record.

881006:	Retention Warning from [USS EL PASO (LKA-117)]: Advised of deficiency (Alcohol Abuse, Sloppy personal appearance, Unsatisfactory progress with PQS qualifications), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

900629:	NJP for violation of UCMJ, Article 86: UA from 900612-900613 [1day].
	Award:  Forfeiture of $405.00 per month for 2 months, extra duty for 45 days.  No indication of appeal in the record.

900727:	NJP for violation of UCMJ, Article 86: UA.
	Award:  Forfeiture of $302.00 per month for 2 months, restriction for 45 days, reduction to E-1.  No indication of appeal in the record.

900730:	USS EL PASO (LKA-117) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ in your current enlistment.

900802:  	Applicant advised of his 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.

900810:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. 

900814:	CNMPC 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 900831 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).

In the applicant’s issue 1, the Board found that the discharge was equitable based on the 3 NJPs for misconduct.  Under these circumstances, a discharge characterization is normally under other than honorable conditions.  The applicant’s service is accurately characterized and therefore no relief will be granted based on this issue.

Although the applicant’s evaluation marks were above a 3.0, his misconduct outweighs any good he may have done while in the service.

In response to the applicant’s issue 3, the applicant was given his proper rights and acknowledged them on 900802.  The applicant elected NOT to consult with counsel, in addition to waiving all his rights except to obtain copies of documents to be forwarded to NMPC.  His signature and initials were cited by the Board.  No relief will therefore be granted.

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 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