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

 ex-ATAR, USNR
Docket No. ND00-00133

Applicant’s Request

The application for discharge review, received 991102, 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 000727.  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 – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  To Whom It May Concern:

I am sending this form to you for consideration to have my discharge reviewed and upgraded.  I had written the Veterans Administration a couple months ago and explained t them of my current situation and why I felt I deserved a favorable upgrade.  Basically, If you were to review my service medical records, you would find that I made an appeal to my squadron - while on WestPac - for psychological assistance I was denied treatment.  I feel that due to this denial, I was performing my duty while unfit for service.  Therefore, I was not able to complete my commitment and was given a general under other than honorable conditions discharge.  I truly believe that this was a determining factor in my future conduct toward society.  I knew that a government career was lost.  And I was led to believe that any and all future V.A. benefits were all but unavailable to me.  I'm not asking for any extraordinary compensation.  I only ask that my discharge be upgraded to an "honorable" status.  Thank you for your attention to this matter

Documentation

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

None

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:  820717		Date of Discharge:  851031

Length of Service (years, months, days):

	Active:    02  03  20
	Inactive:  00  02  24

Age at Entry:  19			Years Contracted:  8

Education Level:  12 1/2			AFQT:  80

Highest Rate:  ATAA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.80 (1)	Behavior:  3.10 (2)		OTA:  3.07

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR 

Days of Unauthorized Absence:  65 

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

821012:	Applicant ordered to active duty for 36 months under the Active Mariner Program.

830818:	NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty, 0545-0600, 25Jul83.
	Award:  Forfeiture of $100 per month for 10 month, correctional custody for 7 days.  Correctional custody suspended for 4 months.  No indication of appeal in the record.

UNDATED:	Retention Warning from Naval Air Technical Training Center, Naval Air Station Memphis, Millington, TN: Advised of deficiency (Violation of Article 86, UCMJ.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

840129:	NJP for violation of UCMJ, Article 86: Unauthorized absence 0900, 5Nov83 until 1645, 9Jan84 (65 days/surrendered).
	Award:  Forfeiture of $200 per month for 2 months, restriction for 60 days, reduction to ATAR.  No indication of appeal in the record.

840201:	Retention Warning from AIRANTISUBRON THREE EIGHT on board USS KITTY HAWK (CV-63): Advised of deficiency (Failing to go at appointed place of duty and disobeying a lawful order..), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

840421:	NJP for violation of UCMJ, Article 86 (4 specs): Failure to go at appointed place of duty (all specs), violation of UCMJ Article 92 (21 specs): Disobeying a lawful order, issued by CO AIRANTISUBRON THREE EIGHT, to wit: late for restricted man's muster which was awarded at CO's NJP dated 29Jan84 by CO AIRANTISUBRON THREE EIGHT (all specs).
	Award:  Forfeiture of $298 per month for 2 months, extra duty for 30 days.  No indication of appeal in the record.

840427:	Retention Warning from Air Anti-Submarine Squadron Thirty-Eight on board USS KITTY HAWK (CV-63): Advised of deficiency (Having poor performance in your work habits.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

841004:	NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty, to wit: duty section muster, violation of UCMJ Article 92 (2 specs): Derelict in the performance of duties, to wit: improper watch standing on 12Sep84 and 16Sep84.
	Award:  Extra duty for 30 days, reduction to ATAR.  Reduction suspended for 6 months.  No indication of appeal in the record.

841221:	Vacate reduction to ATAR awarded at Commanding Officer's NJP on 3Oct84.

850103:	NJP for violation of UCMJ, Article 86: Unauthorized absence from appointed place of duty, to wit: tool room, violation of UCMJ, Article 91: Willfully disobey superior petty officer's order to appear in proper military uniform, violation of UCMJ Article 92: Derelict in the performance of his duty as hangar watch.
	Award:  Forfeiture of $100 per month for 2 months, restriction for 40 days.  No indication of appeal in the record.

850103:	Air Anti-Submarine Squadron Thirty-Eight notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct- pattern – frequent involvement of a discreditable nature with civil or military authorities and commission of a serious offense.

850103:	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.

850114:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct – pattern - frequent involvement of a discreditable nature with civil or military authorities and commission of a serious offense. 

850124:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct - pattern – frequent involvement of a discreditable nature with civil or military authorities.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 851031 under other than honorable conditions for misconduct pattern frequent involvement of a discreditable nature with civil or military authorities (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 NDRB found no evidence in the applicant’s service record or medical record that would excuse the applicant’s misconduct.  The applicant provided no documentation to support his issue.  Relief not warranted.

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560, Change 10/84, effective 
17 Sep 84 until 15 Dec 85), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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