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Docket No. ND01-00163

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

ex-AR, USN
Docket No. ND01-00163

Applicant’s Request

The application for discharge review, received 001121, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance discharge review before a traveling panel closest to Wilmington, NC.  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) does not travel; all hearings are held in the Washington DC area.  The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010503.  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

1.  I petition the Navy Council and Personnel board to change my discharge (under other than honorable condition) to an honorable.

First of all I admit to several error's in judgment while on active duty.  I was young and did not fully understand the gravity nor the consequences of my actions during that time period.  My actions and attitude have affected my employment and my efforts to obtain a quality education.

I am not asking for total forgiveness for my actions, for I must accepted the responsibility that I brought these conditions on myself, But I am asking for the opportunity to right some of the wrongs I have made and to get my life on track and possibly become a productive citizen.

I ask for your attention to this matter and favorable consideration of my request

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)	890820 - 891004	COG

Period of Service Under Review:

Date of Enlistment:  891005		Date of Discharge:  920107

Length of Service (years, months, days):

	Active:    02  03  03
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  26

Highest Rate:  AA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.80 (1)	Behavior:  2.80 (1)		OTA:  3.20

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR

Days of Unauthorized Absence:  42 

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:

891011:	Retention Warning from Recruit Training Command, Naval Training Center, Great Lakes, IL:  Advised of deficiency (Non-swim qualified.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

900301:	Retention Warning from USS KITTY HAWK (CV-63):  Advised of deficiency (A potentially developing pattern of misconduct and/or substandard performance of assigned military duties in reference to being dropped from NADSAP Training while at Balance Crew Training Detachment, Norfolk, VA.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

901004:	NJP for violation of UCMJ, Article 86 (5 specifications):
Specification 1: Unauthorized absence from 0630-0730, 10Jul90.
Specification 2: Unauthorized absence 0730, 12Jul90 to 0730, 13Jul90 (1 day).
Specification 3: Absent from appointed place of duty on 0700, 15Sep90, to wit: restricted men's muster.
Specification 4: Absent from appointed place of duty on 1800, 17Sep90, to wit: restricted men's muster
Specification 5: Absent from appointed place of duty on 2000, 17Sep90.
	Award: Restriction and extra duty for 45 days.  No indication of appeal in the record.

910418:	Summary Court-Martial.
	Charge I:  violation of the UCMJ, Article 86 (3 specs):
	Specification 1: Unauthorized absence from 15Jan91 to 16Jan91.
	Specification 2: Unauthorized absence from 0430, 11Feb91 to 1400, 12Feb91 (1 day/surrendered).
	Specification 3: Unauthorized absence from 0700, 18Feb91 to 1600, 17Mar91 (28 days/apprehended).
	Finding:  to Charge I and the specifications thereunder, guilty.
	Sentence: Forfeiture of $562.00, confinement for 20 days, reduced to AR.
	CA action 910515: Sentence approved and ordered executed.

910503:	NJP for violation of UCMJ, Article 86: Unauthorized absence 19Apr91 to 30Apr91 (11 days).
	Award: Forfeiture of $300 per month for 2 months, restriction and extra duty for 30 days.  No indication of appeal in the record.

911101:	NJP for violation of UCMJ, Article 86 (4 specifications):
Specification 1: Unauthorized absence from 0630-06050, 17Oct91.
Specification 2: Absent from appointed place of duty on 17Oct91.
Specification 3: Absent from appointed place of duty on 0000-0100, 18Oct91.
Specification 4: Unauthorized absence from unit while in a duty status on 0630-0650, 17Oct91.
	Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 30 days.  No indication of appeal in the record.

911107:	USS KITTY HAWK (CV 63) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct as evidenced by your enlisted service record.

911107:  	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.

911211:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct.  Commanding officer’s comments (verbatim): As is obvious from his record, AR (applicant) is unfit for further naval service because he is habitually absent without authority.  On 1 March 1990, AR (applicant) was given an administrative warning that future misconduct would result in administrative discharge, possibly under other than honorable conditions.  Following the warning, AR (applicant) was convicted of no less that twelve specifications of UCMJ, Art. 86.
	Despite having been given numerous chances to turn himself around, AR (applicant) has not responded.  Accordingly, I recommend administrative separation under other than honorable conditions.

920106:	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 920107 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 Board considered the applicant’s issue (letter) and found it contained no decisional issues.  

While the Board may consider post service conduct in the request for upgrade, the applicant failed to provide any documentation to support an upgrade.  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, 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

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/A9217/A0145