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

 ex-SR, USNR

Docket No. ND00-00364

Applicant’s Request

The application for discharge review, received 000202, requested that the characterization of service on the discharge be changed to Honorable.  The applicant requested a personal appearance hearing discharge review before the board in the Washington National Capitol Region.  The applicant did not list any representative on the DD Form 293.  In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000928.  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.

The NDRB did note an administrative error on the original DD Form 214.  Block 24, Character of Service should read:  “UNDER OTHER THAN HONORABLE CONDITIONS” vice “OTHER THAN HONORABLE”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I write this letter with regard to a review of my military discharge.  I was given a general discharge under other than honorable conditions.  Although many mistakes were made during my enlistment from 1988-1991, I feel that overall my time served in the U.S. Navy is deserving of an honorable discharge.

In 1989 I attended and completed search and rescue surface swimmer training in San Diego, California.  I went on to become the search and rescue swimmer for the command, which I served (USS Kiska AE-35).  While on board USS Kiska I became a highly qualified wench operator during underway replenishment operations in the Persian Gulf War.  During our 10-month deployment we transferred more munitions than any other command.  During my time aboard ship, I enthusiastically participated in all ship sponsored sporting events and activities.  Although never able to keep climbing in rank I was recognized as a leader amongst my peers in 2nd Division.

I am now married and starting a family.  I have been employed with Frazee Industries of San Diego, California for over five years.  My current position is Territory Sales Manager for San Gabriel and San Fernando Valleys.  With three promotions in the last three-year, my future with Frazee looks bright.

My family has a history with the US Navy, dating back to World War II.  Starting with my grandfather T G volunteering in 1942 to serve during the war.  In 1957, my uncle T G Jr., attended the Army Language School, learning to speak fluent Russian and serving through 1960.  Currently my cousin T G III is serving as an officer after having climbed through the enlisted ranks and completed the Officer Candidate School.

The three years I spent in the Navy taught me more about myself than any other period in my life.  I learned from the mistakes that I made while in the Navy, and for that reason, I'm able to succeed as a civilian today.  I would hope that serious consideration be given to my review, believing fully that my three years of service to my country was done honorably.  Thank you for your time and consideration.

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:   USN			None
	Inactive: USNR (DEP)	None

Period of Service Under Review:

Date of Enlistment:  880802		Date of Discharge:  910822

Length of Service (years, months, days):

	Active:    02  11  00
	Inactive:  00  01  20

Age at Entry:  18			Years Contracted:  8

Education Level:  12			AFQT:  56

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (3)	Behavior:  2.80 (3)		OTA:  3.20

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  29 

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:

880922:	Ordered to active duty for 36 months under the Active Mariner program.

880926:	Applicant received a waiver for experimental use of marijuana for the HM rating.

900115:	Retention Warning from [USS KISKA (AE-35)]:  Advised of deficiency (Violation of UMCJ Article 86: (2 Specs), Unauthorized absence; violation of UCMJ Article 92: Dereliction of duty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

900726:	NJP for violation of UCMJ, Article 86: Unauthorized absence from on or about 0630, 900612 until on or about 2340, 900712 [29 days/S], violation of UCMJ Article 87: Missing movement, violation of UCMJ Article 89: Disrespect toward superior commissioned officer; violation of UCMJ Article 91: Insubordinate conduct towards a petty officer; violation of UCMJ Article 92: Failure to obey order or regulation; violation of UCMJ Article 134 (2 Specs), General article.
	Award:  Forfeiture of $150.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.

900730:	Retention Warning from [USS KISKA (AE-35)]:  Advised of deficiency (Violation of UCMJ Article 86: Unauthorized absence; violation of UCMJ Article 87: Missing movement; violation of UCMJ Article 90: Willfully disobeying superior commissioned officer; violation of UCMJ Article 91: Insubordinate conduct towards a petty officer; violation of UCMJ Article 92 (2 Specs), Failure to obey order or regulation; violation of UCMJ Article 123: Forgery; violation of UCMJ Article 134: General article), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900820:	NJP for violation of UCMJ, Article 86: (5 Specifications), UA from appointed place of duty.
	Award:  3 days Bread & Water.  No indication of appeal in the record.

900821:	Retention Warning from [USS KISKA (AE-35)]:  Advised of deficiency (Unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910410:	NJP for violation of UCMJ, Article 86: Unauthorized absence from on or about 0800, 910406 until 1510, 910406.
	Award:  Forfeiture of $200.00 per month for 2 months, restriction and extra duty for 20 days.  No indication of appeal in the record.

910411:	Retention Warning from [USS KISKA (AE-35)]:  Advised of deficiency (Unauthorized absence from on or about 0800, 910406 until on or about 1510, 910406 a period of about 7 hours and 10 minutes.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910711:	NJP for violation of UCMJ, Article 112a: Wrongful use of marijuana.
	Award:  Forfeiture of $377.00 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

910717:	Medical officer evaluation indicates applicant is not physically or psychologically drug dependent.

910718:	USS KISKA (AE-35) 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 your 5 Commanding Officer's non-judicial punishments within your current enlistment; by reason of misconduct due to Commission of a serious offense as evidenced by your Commanding Officer's non-judicial punishments of 900111 and 900726 and by reason of misconduct due to Drug abuse as evidenced by your testing positive on a command directed urinalysis.

910718:  	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.

910722:	Commanding officer recommended discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern of misconduct and misconduct due to Commission of a serious offense and misconduct due to Drug abuse. 

910819:	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 910822 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 determined this issue is without merit.  The applicant states his overall time served in the U.S. Navy is deserving of an Honorable discharge, he is married and starting a family and has been employed for five years.  The applicant’s length of active service was 2 years and 11 months.  Three months after enlistment he received a retention warning for unauthorized absence and dereliction of duty.  His misconduct, including four NJPs and three additional retention warnings, continued throughout his enlistment until he was recommended for separation.  The Board was unable to identify any significant portion of the applicant’s service that was honorable.  The applicant provided no documentation of post-service accomplishments
for the Board to consider.  This discharge was proper and equitable.  Relief denied. 

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