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NAVY | DRB | 1999_Navy | ND99-00515
Original file (ND99-00515.rtf) Auto-classification: Denied


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

ex-ICFA, USN
Docket No. ND99-00515

Applicant’s Request
The application for discharge review, received 990302, requested that the characterization of service on the discharge be changed to general/under honorable conditions. 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 991213. 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, authority: NAVMILPERSMAN, Article 3630605.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1. I went AWOL after receiving a Red Cross letter concerning my mother's hospitalization and being denied leave. Also, my reason for AWOL was the questionable stopping of my pay for approximately 2 (two) months of what time I was the only income for my disabled mother. I turned myself in after my mother started receiving her disability and social security checks, verifiying my reason. At court martial I was sentenced the minimum and allowed to continue my enlistment. Upon returning to my division, I was discharged based on an inacurrent evaluation report.

 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)     941119 - 950531  COG

 Period of Service Under Review :
Date of Enlistment: 950601               Date of Discharge: 970807

 Length of Service (years, months, days):

         Active: 02 02 07
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 72

 Highest Rate: ICFA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.00 (1)    Behavior: 2.00 (1)                OTA: 2.67

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 66

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630605.

 Chronological Listing of Significant Service Events :

960620:  NJP for violation of UCMJ, Article 117 (2 specs): (1) Provoking speech on 1May96, (2) Provoking speech 1May96, violation of UCMJ Article 134: Drunk and disorderly on 1May96.
         Award: Forfeiture of $100 per month for 1 months, extra duty for 20 days. No indication of appeal in the record.
961014:  Counseling: Advised of deficiency (tardiness and failure to check in and out with supervisor), notified of corrective actions and assistance available.

961115:  Counseling: Advised of deficiency (failure to follow 3 verbal orders to get a regulation haircut on 8Nov96, 12Nov96 and 13Nov96), notified of corrective actions and assistance available.

 961221:  Applicant to unauthorized absence 0730, 21Dec96.

961222:  Applicant from unauthorized absence 0700, 22Dec96.

 970106:  Counseling: Advised of deficiency (performance), notified of corrective actions and assistance available.

970121:  Retention Warning: Advised of deficiency (Unauthorized absence from 0930, 11Oct to 0810, 15Oct96 and failure to go to appointed place of duty on 2115, 15Oct96.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
970316:  Applicant declared a deserter. Unauthorized absence since 0710, 14Feb97.
970613:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86.
         Specification: Unauthorized absence 0710, 14Feb97 until 2000, 21Apr97 ( 67 days/surrendered).
         Charge II: violation of the UCMJ, Article 87.
         Specification: Missing ship's movement on 28Feb97.
         Charge III: violation of the UCMJ, Article 91 (2 specs).
         Specification 1: Disobedience of a lawful order on 5Feb97.
         Specification 2: Disobedience of a lawful order on 30Apr97.
         Finding: to Charge I, II and III and the specifications thereunder, guilty.
         Sentence: Restriction and extra duty for 45 days, reduction to ICFA.
         CA action 970620: Sentence approved and ordered executed.

970702:  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 a pattern of misconduct.
970702:          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.
970717:  NJP for violation of UCMJ, Article 86 (3 specs): Failure to go to appointed place of duty.
         Award: Confinement on bread and water. No indication of appeal in the record.
970718:  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 a pattern of misconduct.

970731:  Commander, GEORGE WASHINGTON Battle Group 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 970807 under other than honorable conditions for misconduct due to commission of a serious offense (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 states extenuating circumstances for his misconduct but provides no factual documentation to support his assertions. The NDRB reviewed the applicant’s discharge and found it proper and equitable. Relief nor warranted.
Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 14, effective
03 Oct 96 until 971212, Article 3630605, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

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


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