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

ex-SHSR, USN
Docket No. ND00-00008

Applicant’s Request

The application for discharge review, received 991001, 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 000606.  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 – commission of a serious offense, 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:

None

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	831014 - 840118	COG

Period of Service Under Review:

Date of Enlistment:  840119		Date of Discharge:  860715

Length of Service (years, months, days):

	Active:    02  05  27
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  42

Highest Rate:  SHSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  1.95 (4)	Behavior:  2.10 (4)		OTA:  2.30

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR 

Days of Unauthorized Absence:  35 

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

851103:	NJP for violation of UCMJ, Article 121: Larceny.
	Award:  Forfeiture of $200 per month for 2 months, restriction and extra duty for 45 days, reduction to SHSA.  No indication of appeal in the record.

851103:	Retention Warning: Advised of deficiency (Larceny and misconduct; as evidenced by your violation of the UCMJ and corresponding NJP.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
860221:	Retention Warning: Advised of deficiency (Unauthorized absence and misconduct as evidenced by your violations of the UCMJ and corresponding NJP.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
860228:	Summary Court-Martial.
	Charge I: violation of the UCMJ, Article 86 (2 specs).
	Specification 1: Unauthorized absence 0730, 851230 to 2330, 860105.
	Specification 2: Unauthorized absence 0745, 860112 to 0420, 860210.
	Finding:  to Charge I and the specifications thereunder, guilty.
	Sentence:  Confined for 21 days.
	CA action 860307: Sentence approved and ordered executed.

860611:	NJP for violation of UCMJ, Article 91: Willful disobedience of a petty officer.
	Award:  Forfeiture of $150 per month for 1 month, restriction and extra duty for 15 days, reduction to SHSR.  No indication of appeal in the record.

860615:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense as evidenced by your three punishments under the UCMJ within your current enlistment and your violations of the UCMJ Articles, 91 and 121.

860615:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

860626:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense.

860708:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 860715 under other than honorable conditions for misconduct due to commission of a serious offense (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).

The applicant introduced no decisional issues for consideration by the Board.  Relief denied.

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 – COMMISSION OF A SERIOUS OFFENSE.

B.  Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 91, for willful disobedience of a petty officer, 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 "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