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NAVY | DRB | 1999_Navy | ND99-00310
Original file (ND99-00310.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND99-00310

Applicant’s Request
The application for discharge review, received 981223, 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 990913. 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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

The NDRB did note an administrative error on the original DD Form 214. Block 12c, Net Active Service This Period should read: "01 02 23" vice "01 02 22", Block 29, Dates Of Time Lost During This Period should read "21 MAY 89 to 22 MAY 89", 21 JAN 90 to 31 JAN 90" vice "NONE". 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:
None.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     881212 - 881219  COG

 Period of Service Under Review :
Date of Enlistment: 881220               Date of Discharge: 900312

 Length of Service (years, months, days):

         Active: 01 02 23
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 75

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.00 (1)    Behavior: 2.60 (1)                OTA : 2.00

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 11

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

881222:  Applicant briefed on Navy policy regarding drug and alcohol abuse.

890518:  Retention Warning: Advised of deficiency negative attitude towards training, notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
890608:  NJP for violation of UCMJ, Article 86 (2 Specs.): (1) Unauthorized Absence from appointed place of duty on 19 May 89, (2) Unauthorized Absence from 0500 22 May 89 to 1745 24 May 89 (1 day).
         Award: Restriction for 5 days. No indication of appeal in the record.

890608:  Retention Warning: Advised of deficiency Poor Military Performance and Unauthorized Absence, notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
891212:  Retention Warning: Advised of deficiency Unauthorized Absence, notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

900127:  Applicant declared a deserter on 26 Jan 90. Unauthorized Absence since 0730 21 Jan 90.

900131:          Applicant surrendered to military authorities at 1800, 31 Jan 90 from deserter status.
        
900208:  NJP for violation of UCMJ, Article 86: Unauthorized Absence from 0730, 21 Jan 90 to 1800, 31 Jan 90 (10 days/surrendered); violation of UCMJ Article 87: Missing Ships Movement on 25 Jan 90; Violation of UCMJ Article 112A: Wrongful Use of Marijuana.
         Award: Forfeiture of $362 per month for 2 months, restriction and extra duty for 30 days, reduction to FR. No indication of appeal in the record.

900212:  Separation physical/drug dependency screening: No evidence of psychological/physiological drug dependence. Fit for discharge.
900213:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and misconduct due to drug abuse.
900213:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
900220:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and misconduct due to drug abuse.

900302:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900312 under other than honorable conditions for misconduct due to commission of a serious offense (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

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 – COMMISSION OF A SERIOUS OFFENSE.

 B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 87: Missing movement and Article 112A: Wrongful possession of controlled substance, if adjudged at a Special or General Court-Martial.
C. 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.

D. 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.

E. 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 Street SE Rm 309
                  Washington, D.C. 20374-5023     


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