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

 ex-EMFA, USN
Docket No. ND00-00338

Applicant’s Request

The application for discharge review, received 000118, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  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 000824.  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:

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	900405 - 900408	COG

Period of Service Under Review:

Date of Enlistment:  900409		Date of Discharge:  930205

Length of Service (years, months, days):

	Active:    02  09  27
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  44

Highest Rate:  EMFN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.60 (4)	Behavior:  3.55 (4)		OTA:  3.55

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, JMU

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:

910419:	NJP for violation of UCMJ, Article 92: Failure to obey a lawful order.
	Award:  Restriction and extra duty for 30 days.  No indication of appeal in the record.

9204XX:	Applicant found non-dependent on alcohol and recommended for Level II treatment.

920526:	Substance Abuse/Dependency Screen: No abuse or dependency.  Recommend Level I program.

920605:	Applicant evaluated and found to be an alcohol abuser. 

921208:	Civil Conviction: San Diego Municipal Court for violation of reckless driving on 1Oct92.
Sentence:  Fine $500.00 jail for 30 days, probation for 3 years.  Jail suspended.  Applicant to complete 3 days public service work in lieu of fine.

921216:	Retention Warning from USS DULUTH (LPD-6): Advised of deficiency (Absent from appointed place of duty from 0800-1100 and 1300-1730, 11Dec92, to wit: galley deep sink area.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

930115:	NAVDRUGLAB, San Diego, CA reported applicant urine sample received 930108 tested positive for THC.

930115:	NJP for violation of UCMJ, Article 92: Failure to obey a lawful order.
	Award:  Restriction and extra duty for 30 days.  No indication of appeal in the record.

930119:	NJP for violation of UCMJ, Article 112A: Wrongfully use marijuana on 15Jan93.
	Award:  Forfeiture of $456 per month for 2 months, restriction and extra duty for 15 days, reduction to EMFA.  No indication of appeal in the record.

930119:	USS DULUTH (LPD-6) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious civilian offense, to wit: reckless driving (due to intoxication); misconduct due to a civilian conviction, to wit: violation of California civil law VC 23103(A) reckless driving (due to intoxication); misconduct due to a pattern of misconduct as evidenced by the following commanding officer's NJP's and civilian conviction: 15Jan93, VUCMJ Art 92 - failure to obey a lawful order; 19Apr91, VUCMJ Art 92 - failure to obey a lawful order; and 8Dec92, VC 23103(A) reckless driving (due to intoxication; and misconduct due to drug abuse as evidenced by the following commanding officer's NJP: 19Jan93, VUCMJ 112A - wrongful use of a controlled substance.

930119:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

930120:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious civilian offense; misconduct due to a civilian conviction; misconduct due to a pattern of misconduct; and misconduct due to drug abuse.  Commanding officer’s comments (verbatim): I give up!  We did everything possible to help this young man, and it was to no avail.  Performance is well below average, attitude is poor and counterproductive.  Adherence to rules and regulations is non-existent.  Member has become an administrative burden and a serious threat to good order and discipline.  He was given every chance possible and did not respond.  He is a disgrace to the uniform and currently jeopardizes safety and operational effectiveness.  I give my strongest possible recommendation for administrative discharge under other than honorable conditions at the earliest possible opportunity.  Member openly defies authority, won't pay just debts and is a drug abuser.

930201:	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 930205 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.

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 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