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NAVY | DRB | 1999_Navy | ND99-00127
Original file (ND99-00127.rtf) Auto-classification: Denied


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

ex-ENFR, USN
Docket No. ND99-00127

Applicant’s Request
The application for discharge review, received 981028, 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 991004. 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 – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600. Discharged in absentia.


The NDRB did note an administrative error on the DD Form 214 issued on
21 January 1980. Block 12a, Date entered AD This Period, should read: "77 01 18" vice "76 07 09", and Block 12c, Net Active Service this Period should read:
"03 00 00" (this excludes 4 days of time lost) vice "03 06 12". All subsequent DD Form 214s will require adjustment of the "Prior Active Service" Block. The original DD Form 214 should be corrected or reissued as appropriate.

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:
Copies of DD Form 214

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USNR              801222 - 820523  HON to enlist USN
 USNR             770118 - 800121  RELACDU
          Inactive: USNR            760709 - 770117  To report ACDU
                  USNR             800122 - 800810  To report ACDUTRA
                  USNR             800825 - 801221  Invol Recall to ACDU

 Period of Service Under Review :
Date of Enlistment: 820524               Date of Discharge: 850709

 Length of Service (years, months, days):

         Active: 03 01 16
         Inactive: None

 Age at Entry: 23                          Years Contracted: 6

 Education Level: 11                        AFQT: 36

 Highest Rate: EN3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.80 (3)    Behavior: 2.75 (4)                OTA: 3.05

 Military Decorations: None

 Unit/Campaign/Service Awards: NUC (2), NEM (2), AFEM

 Days of Unauthorized Absence: 84

 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. Discharged in absentia.

 Chronological Listing of Significant Service Events :

830413:  Applicant to unauthorized absence 0730, 83Apr13.

 830414:  Applicant from unauthorized absence 0010, 83Apr14 (16 hours and 40 minutes/surrendered).

830429:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from 0730, 83Apr15 to 0600, 83Apr18 (2 days, 22 hours and 30 minutes/surrendered), (2) Unauthorized absence from 0730, 83Apr24 to 0730, 83Apr25 (1 day/surrendered).
         Award: Forfeiture of $100 per month for 1 month, restriction for 15 days and extra duty for 10 days. No indication of appeal in the record.
830503:  Retention Warning from USS FORT SNELLING (LSD-30): Advised of deficiency (Unauthorized absence is a serious military offense.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

830621:  Retention Warning from USS FORT SNELLING (LSD-30): Advised of deficiency (Unauthorized absence is a serious military offense which will not be tolerated. Alcoholism is no excuse.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

830707:  NJP for violation of UCMJ, Article 86 (3 specs): (1) Unauthorized absence from 0730-2130, 83May22 (14 hours/surrendered), (2) Unauthorized absence 0730, 83May30 to 1330, 83Jun01 (2 days, 6 hours/surrendered), (3) Unauthorized absence 0530, 83Jun08 to 2230, 83Jun16 (8 days/surrendered).
         Award: Forfeiture of $150 per month for 1 month, restriction and extra duty for 21 days. No indication of appeal in the record.
830721:  NJP for violation of UCMJ, Article 92 (2 specs): Disobeying a lawful order on 30Jun83 and 1Jul83
         Award: Restriction and extra duty for 15 days, reduction to ENFA. Reduction suspended for 6 months. No indication of appeal in the record.
830723:  Retention Warning from USS FORT SNELLING (LSD-30): Advised of deficiency (Unauthorized absence is a serious military offense which can not be tolerated.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

830817:  Retention Warning from USS FORT SNELLING (LSD-30): Advised of deficiency (Unauthorized absence is a serious military offense which will not be tolerated.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

830819:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0715, 83Aug05 to 0545, 830812 (6 days/surrendered), violation of UCMJ Article 90: Disobey a lawful order on 83Aug04 from his superior commissioned officer to wit: commanding officer.
         Award: Restriction for 25 days, reduction to ENFA. Reduction suspended for 6 months. No indication of appeal in the record.
831020:  Vacate suspended reduction to ENFA awarded at NJP dated 830819.

 831020:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0745, 83Oct01 to 0745, 83Oct11 (10 days/surrendered).
         Award: Forfeiture of $150 per month for 2 months, extra duty for 30 days. No indication of appeal in the record.
841018:  Applicant placed on antabuse.

 841019:  Applicant talked with Command DAPA concerning his inability to stop drinking and requested to be placed back in some kind of program. Applicant had previously been through Levels II and III and is ineligible for re-treatment at those levels.
841213:  NJP for violation of UCMJ, Article 86 (2 specs): (1) Unauthorized absence from 0630, 84Nov23 until 0830, 84Nov29 (6 days/surrendered), (2) Unauthorized absence from 0630, 84Dec03 until 0626, 84Dec11 (7 days/surrendered).
         Award: Forfeiture of $150 per month for 2 months, restriction for 30 days, reduction to ENFA. No indication of appeal in the record.
841213:  Retention Warning from [Shore Intermediate Maintenance Activity, Mayport, FL]: Advised of deficiency (Misconduct due to a pattern and frequent unauthorized absentees which has resulted in numerous Commanding Officer NJP's.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

850520:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 85May03 until 2219, 86May14 (11 days/apprehended).
         Award: Forfeiture of $150 per month for 2 months, restriction for 45 days, reduction to ENFR. No indication of appeal in the record.
850524:  Shore Intermediate Maintenance Activity, Mayport, FL notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct- pattern – frequent involvement of a discreditable nature with civil or military authorities.
850525:  Applicant to unauthorized absence, 1430, 85May25.

 850529:  Applicant from unauthorized absence 2230, 86May29 (4 days/surrendered).
850524:          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.
850603:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct – pattern - frequent involvement of a discreditable nature with civil or military authorities.

850608:  Applicant to unauthorized absence, 1600, 85Jun08.

850629:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct - pattern – frequent involvement of a discreditable nature with civil or military authorities. Discharge in absentia.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 850709 under other than honorable conditions for misconduct pattern frequent involvement of a discreditable nature with civil or military authorities (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 issues regarding this case.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560, Change 10/84, effective
17 Sep 84 until 15 Dec 85), 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 obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

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
                  Washington Navy Yard
                  720 Kennon St SE Rm 309
                  Washington, D.C. 20374-5023     

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