Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. ND01-01111

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

ex-BT3, USN
Docket No. ND01-01111

Applicant’s Request

The application for discharge review, received 010821, 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 020328.  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

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:   USN			791117 - 830816	HON
	Inactive: USNR (DEP)	790823 - 791116	COG

Period of Service Under Review:

Date of Enlistment:  830817		Date of Discharge:  880317

Length of Service (years, months, days):

	Active:    04  03  17
	Inactive:  None

Age at Entry:  21			Years Contracted:  6

Education Level:  8			AFQT:  58

Highest Rate:  BT3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.70 (8)	Behavior:  3.20 (8)		OTA:  3.32

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  79 1/2 

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:

830817:	Reenlisted onboard USS LEXINGTON AVT-16 for 6 years.

850319:	NJP for violation of UCMJ, Article 86: UA on or about 0700, 850304, until 1400, 850305, a period of about 2 1/2 days.
	Award:  Reduction (suspended for 6 months).  No indication of appeal in the record.

850808:	Report of Declaration of Deserter (NAVPERS 1600-3).  Applicant declared a deserter on 850807 having been an unauthorized absentee since 0700, 850701 from USS LEXINGTON AVT-16 located at NAVSTA Philadelphia, PA.

850920:	Report of Return of Deserter.  Applicant returned to military on 850918 (1613) at USS LEXINGTON AVT-16. Retained onboard for disciplinary action.

851230:	Special Court Martial
	Charge I:  violation of the UCMJ, Article 86, Specification 1:  Unauthorized absence 850701 – 850917, [79 days/A.]
	Findings:  to Charge I and specifications 1 thereunder, guilty.
	Sentence:  Confinement for 1 month, forfeiture of $250.00 per month for 3 months, reduction to E-3.
	CA 860129:  Sentence approved and ordered executed.

860124:	Released from confinement and returned to full duty.

860806:	Retention Warning from [Shore Intermediate Maintenance Activity, Mayport, Florida]:  Advised of deficiency (850319: CO's NJP Violation of Article 86.  851230: Special Court-Martial, Violation UCMJ Article 86 and your substandard performance evaluation UA, failed to obey lawful order, etc.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

870417:	Civil Conviction:  [Escambia County Court, Pensacola, Florida] for uttering worthless checks (12 counts).
Sentence:  Adjudication of guilt withheld, placed on 4 months probation, plus court costs and to make restitution on the 12 worthless checks.

871231:	Civil Conviction:  [Circuit Court of St Johns County, Florida] for violation of Florida Statue 827.04(3) Child Abuse (Misdemeanor in the First Degree).
Sentence:  Adjudication of guilt and imposition of sentence withheld, placed on probation for a period of one (1) year (non-reporting) plus court cost of $165.00.

880209:	Shore Intermediate Maintenance Activity, Mayport notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evident by Service Record, misconduct due to a pattern of misconduct due to civilian conviction.

880209:  	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.

880211:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of serious offense as evident by service record, misconduct due to pattern of misconduct and misconduct due to civilian conviction.  

880306:	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 880317 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 introduced no decisional issues for consideration by the Board.

The applicant 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 recommended. 

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A, effective 870615 - 890110), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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 “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

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/A0100/A9500/A9221