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

 
ex-SA, USN
Docket No. ND00-01055

Applicant’s Request

The application for discharge review, received 000918, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.  Subsequent to the application/acknowledgement letter the applicant requested a personal appearance hearing and obtained representation by the Veterans of Foreign Wars.

Decision

A personal appearance discharge review was conducted in Washington, D.C. on 010911.  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 four to one 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 (verbatim)

1.  Request the board grant clemency and change the discharge to honorable.

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:   
	Inactive: USNR (DEP)	830223 - 831002	COG

Period of Service Under Review:

Date of Enlistment:  831003		Date of Discharge:  860722

Length of Service (years, months, days):

	Active:    02  09  20
	Inactive:  None

Age at Entry:  20			Years Contracted:  4

Education Level:  12			AFQT:  20

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  1.87 (3)	Behavior:  2.20 (3)		OTA:  1.87

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

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:

831006:	Applicant briefed on Navy's policy on drug and alcohol abuse.

840314:	Counseling:  Advised of deficiency (Room inspection), notified of corrective actions and assistance available.
840622:	Counseling:  Advised of deficiency (Sleeping during working hours.), notified of corrective actions and assistance available.

840719:	Counseling:  Advised of deficiency (shaving before mustering), notified of corrective actions and assistance available.

850106:	Counseling:  Advised of deficiency (Late for quarters on 6Jan85 (approximately 15 minutes).), notified of corrective actions and assistance available.

850424:	NJP for violation of UCMJ, Article 112A: Wrongful use of a controlled substance, to wit: cocaine on 26Feb85.
	Award: Restriction and extra duty for 45 days, reduction to SA.  Reduction suspended for 6 months.  No indication of appeal in the record.

850524:	Counseling:  Advised of deficiency (Unlocked locker(s).), notified of corrective actions and assistance available.

850730:	Counseling:  Advised of deficiency (Unauthorized absence for an hour and half this morning.), notified of corrective actions and assistance available.

850808:	NJP for violation of UCMJ, Article 92: Failure to obey a written regulation, violation of UCMJ, Article 86: Unauthorized absence.
	Award: Forfeiture of $361.50 per month for 1 month, restriction and extra duty for 15 days.  No indication of appeal in the record.

Undated:	Retention Warning from US Navy Cargo and Handling and Port Group, Williamsburg, VA:  Advised of deficiency (Failure to obey a written regulation and unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

850910:	Vacate suspended reduction to SA awarded at CO's NJP of 850424.

851001:	Counseling:  Advised of deficiency (Unauthorized absence from PT muster), notified of corrective actions and assistance available.

851007:	Counseling:  Advised of deficiency (Absent from appointed place of duty from 2000-2115 as messenger of watch.), notified of corrective actions and assistance available.

860129:	Special Court Martial
	Charge I: violation of the UCMJ, Article 92:
	Specification: Dereliction in the performance of duties.  
	Findings: to Charge I and specification thereunder, guilty.
	Sentence: HL for 60 days, forfeiture of $150.00 per month for 3 months, restriction for 60 days.
	CA 860307: Sentence approved and ordered executed.

860404:	Cargo Handling and Port Group, Williamsburg, VA notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of frequent involvement of a discreditable nature with civil or military authorities.

860404:	Applicant advised of his rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

860506:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the applicant had committed misconduct due to drug abuse and a pattern of frequent involvement of a discreditable nature with civil or military authorities, that the misconduct warranted separation, and recommended discharge under other than honorable conditions.

860624:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse and a pattern of frequent involvement of a discreditable nature with civil or military authorities. 

860712:	BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of 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 860722 under other than honorable conditions for misconduct pattern frequent involvement of a discreditable nature with civil or military authorities (A and B).  The Board presumed regularity in the conduct of governmental affairs (C).  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 (D and E).

In response to the applicant’s issue 1, the Board determined, based on a review of the applicant’s entire service record and verbal testimony presented to the Board, that equitable relief is not warranted in this case.  The applicant’s misconduct of record is not mitigated by his performance of duty while in the service nor by his post-service conduct after his discharge.  The applicant did not provide any post-service documentation to support his request to upgrade his discharge.  The Board cannot grant relief concerning this issue.

This discharge review exhausts the applicant’s opportunity for review by the NDRB.  The applicant remains eligible to appeal for upgrade to the Board for Correction of Naval Records.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560, Change 10/85, effective 
16 Dec 85 until 05 Oct 86), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT ‑ A PATTERN OF MISCONDUCT. 

B.  Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 92, for dereliction in the performance of duty, if adjudged at a Special or General Court-Martial.

C.  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.  

D.  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.

E.  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 “afls10.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