Author: CAP
Last saved by: Department of the Navy
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Docket No. ND00-00174

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

 ex-RMSR, USN
Docket No. ND00-00174

Applicant’s Request

The application for discharge review, received 991117, 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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

The NDRB did note an administrative error on the original DD Form 214.  Block 18, Remarks should read:  “CONTINUOUS HONORABLE ACTIVE SERVICE FROM 880209 UNTIL 920715”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  Please change current status of discharge to honorable.  If you review my records you will find I was an outstanding "4.0" sailor until I received a request, by my wife, for divorce.  I was at sea and continued my career the best I could.  Upon reporting for shore duty, I wasn't allowed custody for my children and basically lost desire to remain in the service.  Currently I am successful at my job and am doing all I can to tie up all loose ends.  Please consider my request based on my achievements and not my errors.

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:   USN 		880209 - 920715	HON
	Inactive: USNR (DEP)	871029 - 880208	COG

Period of Service Under Review:

Date of Enlistment:  920716		Date of Discharge:  951006

Length of Service (years, months, days):

	Active:    03  02  21
	Inactive:  None

Age at Entry:  27			Years Contracted:  4

Education Level:  12			AFQT:  48

Highest Rate:  RM2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.60 (3)	Behavior:  3.67 (3)		OTA:  3.87

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, NER with 2 E's, SSDR with Bronze Star, SASM with Bronze Star, MUC with Bronze Star, Letter of Commendation (Flag)

Days of Unauthorized Absence:  XX 

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

930518:	Retention Warning from Naval Telecommunications Center Hampton Roads, Norfolk, VA: Advised of deficiency (Financial responsibilities.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

930920:	NJP for violation of UCMJ, Article 134: Dishonorably failing to pay just debts.
	Award:  Reduction to RM3.  Reduction suspended for 6 months.  No indication of appeal in the record.

930920:	Retention Warning from Naval Telecommunications Center Hampton Roads, Norfolk, VA: Advised of deficiency (Excessive indebtedness to as evidence by numerous letters of complaint received by this command.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

940815:	NJP for violation of UCMJ, Article 134: Failure to pay just debts.
	Award:  Reduction to RM3.  No indication of appeal in the record.

941129:	NJP for violation of UCMJ, Article 134: Check, worthless, making and uttering, by dishonorably failing to maintain funds.
	Award:  Forfeiture of $567.30 per month for 2 months, reduction to RMSN.  Forfeiture suspended for 6 months.  No indication of appeal in the record.

950118:	Retention Warning from Naval Computer and Telecommunications Area Master Station LANT, Norfolk: Advised of deficiency (Violation of UCMJ Article 134: Dishonorably fail to pay just debts as evidenced by CO's NJP of 29Nov94 and documented in your service record on NAVPERS 1070/609 and NAVPERS 1070/613.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

950221:	Vacate suspended forfeiture awarded at CO's NJP dated 29Nov94 due to continued misconduct.

950327:	Applicant to unauthorized absence 0730, 27Mar95.

950329:	NAVDRUGLAB, Norfolk, VA reported applicant's urine sample received 950320, tested positive for THC.

950330:	Applicant from unauthorized absence 0730, 30Mar95 (3 days/apprehended).

950403:	Applicant to unauthorized absence 0730, 3Apr95.

950503:	Applicant declared a deserter.

950607:	Applicant apprehended 1756, 5Jun95 and returned to military control on 2035, 7Jun95 by Hampton Roads Area Shore Patrol.  Civil charges of suspended license and expired state inspection pending with a court date of 19Jun95 (65 days/apprehended).

950621:	NAVDRUGLAB Jacksonville, FL reported applicant's urine sample received 950613, tested positive for THC.

950626:	NJP for violation of UCMJ, Article 123A (38 specs): Wrongfully and unlawfully write personal checks totaling $924.70 on a closed account, violation of UCMJ, Article 86 (5 specs): Absent from appointed place of duty on 1405, 15Mar95, 0820, 16Mar95, 0745, 22Mar95, 0745, 30Mar95 and 2035, 7Jun95, violation of UCMJ, Article 112A (2 specs): Wrongfully use a controlled substance on 20Mar95 and 8Jun95.
	Award:  Forfeiture of $567 per month for 2 months, restriction for 45 days, reduction to RMSR.  No indication of appeal in the record.

950717:	Naval Computer and Telecommunications Area Master Station LANT 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 four punishments under the Uniform Code of Military Justice (UCMJ) within your current enlistment, commission of a serious offense as evidenced by two violations of the UCMJ, Article 134: Debt, dishonorably failing to pay as evidenced by punishment awarded at nonjudicial punishment (NJP) on 15Oct93 and 15Aug94 and thirty eight violations of the UCMJ, Article 123A: Making, drawing, or uttering check, draft, or order without sufficient funds as evidenced by punishment awarded at NJP on 6Jun95, and violation of the UCMJ, Article 86: Absence without leave for more than 30 days and terminated by apprehension as evidenced by punishment awarded at NJP on 6Jun95 and drug abuse as evidenced by punishment awarded at NJP on 6Jun95 for two violations of the UCMJ, Article 112A: Wrongful use, possession, etc., of controlled substances..

950719:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

950814:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. 

950919:	CNMPC 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 951006 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’s issue states:  “Please change current status of discharge to honorable.  If you review my records you will find I was an outstanding "4.0" sailor until I received a request, by my wife, for divorce.  I was at sea and continued my career the best I could.  Upon reporting for shore duty, I wasn't allowed custody for my children and basically lost desire to remain in the service.  Currently I am successful at my job and am doing all I can to tie up all loose ends.  Please consider my request based on my achievements and not my errors.”  The NDRB found the applicant’s pattern of misconduct significant enough to warrant an other than honorable discharge.  His misconduct included four NJP’s including violations of Articles 134, 123A, 86 (over 30 days), and 112A (wrongful use of controlled substance).  The applicant stated personal reasons to possibly extenuate or mitigate his misconduct, but the Board did not find these reason for changing the discharge.

The applicant provided no documentation to support his issue.  The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 
22 Jul 94 until 02 Oct 96), 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

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6750/A9201/A9307/A9223/A9439