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NAVY | DRB | 1999_Navy | ND99-00260
Original file (ND99-00260.rtf) Auto-classification: Denied


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

ex-RMSA USN
Docket No. ND99-00260

Applicant’s Request
The application for discharge review, received 981209, requested that the characterization of service on the discharge be changed to honorable. The applicant requested a personal appearance hearing discharge review. 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) first conducts a documentary review prior to any appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 990810. 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:
Copy of DD Form 214
 Letter of reference from Mr. H. C. dated 971219
Statement from the applicant, undated.
25 pages of the applicant’s performance evaluation from the city of Tallahassee

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     870831- 880208   COG

 Period of Service Under Review :
Date of Enlistment: 880209               Date of Discharge: 900621

 Length of Service (years, months, days):

         Active: 02 04 13
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 52

 Highest Rate: RM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.20 (2)    Behavior: 2.90 (4)                OTA: 3.10

 Military Decorations: None

 Unit/Campaign/Service Awards: HSM

Days of Unauthorized Absence: 52

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 :

890826:  NJP for violation of UCMJ, Article 86 (2 Specs): Unauthorized absence from 0745, 890731 to 0625, 890802 (1 day, 22 hours and 40 minutes/ surrendered) and unauthorized absence from 0645, 890807 to 1400, 890817 (10 days, 7 hours and 15 minutes/surrendered); violation of UCMJ Article 87 (3 Specs): Missing movement on 890807.
         Award: Restriction and extra duty for 21 days. No indication of appeal in the record.

890826:  Retention Warning from Commanding Officer, USS STEPHEN W. GROVES (FFG 29): Advised of deficiency (Violation of UCMJ, Article 86, UA, 2 Specs), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900405:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 1630, 900302 to 1300, 900331 (28 days, 20 hours and 30 minutes/surrendered); violation of UCMJ, Article 87: Missing ship’s movement on 900302.
         Awarded: Forfeiture of $444 per month for one month, restriction and extra duty for 45 days, reduction in rank to E-3. No indication of appeal in the record.

900608:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 900522 to 900604 (13 days, 2 hours and 10 min/surrendered).
Award: Forfeiture of $405 per month for 1 month, restriction and extra duty for 21 days, reduction to E-2. No indication of appeal in the record. [Extracted from CO’s message dated 900612.]
900611:  USS STEPHEN W. GROVES (FFG 29) 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 26 Aug 89 award of CO’s NJP for violation of Article 86 (2 specs), Unauthorized absence (1 days, 22 hours, 40 min), (10 days, 7 hours, 15 min), and violation of Article 87 (3 specs), Missing movement; 05 Apr 90 award of CO’s NJP for violation of Article 86, Unauthorized absence (28 days, 20 hours, 30 min), and violation of Article 87, Missing movement; 08 Jun 90 award of CO’s NJP for violation of Article 86, Unauthorized absence (13 days, 2 hours, 10 min), of the UCMJ, in his current enlistment.
900611:  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.
900612:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense.

900615:  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 900621 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.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A, Change 8 effective 21 Aug 89 until 14 Aug 91), 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 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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