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NAVY | DRB | 1999_Navy | ND99-00975
Original file (ND99-00975.rtf) Auto-classification: Denied


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

ex-AR, USNR
Docket No. ND99-00975

Applicant’s Request
The application for discharge review, received 990713, 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 000411. 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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1. My discharge is inequitable due to my inability to adapt to military lifestyle and such has been documented by several divisions of Naval personnel at NTC/RTC Orlando on many different occasions including but not limited to Naval hospital/RTC Orlando, Naval hospital, Philadelphia, Pa. and Naval hospital NAS Jacksonville.

Additionally, Because of the work that I performed as a teenager, my physical activities were limited during boot camp but were overlooked and ignored by those whom I complained to which caused extreme discomfort and pain during any and all basic training activities.

I wish to request that the Navy review board examine my records and come to a decision to upgrade my discharge to Honorable.

 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: None

 Period of Service Under Review :
Date of Enlistment: 800108               Date of Discharge: 890630

 Length of Service (years, months, days):

         Active: 09 05 22
         Inactive: 00 00 01

 Age at Entry: 17                          Years Contracted: 6

 Education Level: 8                         AFQT: 60

 Highest Rate: AR

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMA                  Behavior: NMA             OTA: NMA

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 2390

 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 :

800109:  Applicant ordered to active duty for 36 months under the Active Marine Program.

800214:  Applicant to unauthorized absence 0445, 14Feb80.

800304:  Applicant from unauthorized absence 1100, 4Mar80 (19 days/surrendered).

800304:  Applicant to unauthorized absence 2040, 4Mar80.

800402:  Applicant declared a deserter.

800805:  Applicant from unauthorized absence 1510, 5Aug80 (154 days/surrendered). Issued TAO's to report NLT 2400, 6Aug80.

800807:  Applicant to unauthorized absence 0001, 7Aug80. Failed to comply with TAO's.

800905:  Applicant declared a deserter.

830123:  Applicant apprehended by civil authorities 1730, 26Jan83 (173 days/apprehended). Returned to military control 1900, 27Jan83.

830211:  Applicant to unauthorized absence 1300, 11Feb83.

830215:  Applicant declared a deserter.

850606:  Applicant apprehended by civil authorities 1730, 6Jun85 (846 days/apprehended). Returned to military control 2020, 7Jun85. Delivered onboard NAVSTA Phila, PA 1000, 10Jun85.

850618:  Applicant to unauthorized absence 0730, 18Jun85.

850701:  Applicant from unauthorized absence 0730, 1Jul85 (13 days/surrendered).

850703:  Applicant to unauthorized absence 0730, 3Jul85.

850802:  Applicant declared a deserter.

860706:  Applicant from unauthorized absence 2330, 6Jul86 (269 days/surrendered).

860806:  Applicant to unauthorized absence 0730, 6Aug86.

860905:  Applicant declared a deserter.

860923:  Applicant from unauthorized absence 0124, 23Sep86 (48 days/surrendered).

861022:  Applicant to unauthorized absence 0730, 22Oct86.

861121:  Applicant declared a deserter.

880607:  Applicant apprehended by civil authorities 0227, 7Jun88 (594 days/ apprehended).

880620:  Applicant to unauthorized absence 0745, 20Jun88.

880719:  Applicant declared a deserter.

890321:  Applicant apprehended by civil authorities 1530, 21Mar89 (274 days/apprehended). Returned to military control 1925, 21Mar89 at deserter information point. Applicant delivered to Philadelphia Navy Hospital, 0310, 22Mar89. Unauthorized absence since 0745. 20Jun88.

890322:  Naval Station, Philadelphia declines to prosecute applicant for the periods of unauthorized absence from 14 February 1980 to 4 March 1980, 4 March 1980 to 5 August 1980, 7 August 1980 to 27 January 1983, 11 February 1983 to 7 June 1985, 18 June 1985 to 1 July 1985, 3 July 1985 to 6 July 1986, 6 August 1986 to 23 September 1986, 22 October 1986 to 7 June 1988, 20 June 1988 to 21 March 1989. The periods of unauthorized absence will continue to be considered lost time for administrative purposes and will serve as the basis for the denial of remuneration. Applicant is to be discharged in accordance with MILPERSMAN 3630600 for misconduct due to commission of a serious offense and misconduct as evidenced by a pattern of misconduct.

890322:  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 a pattern of misconduct.
890322:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
890323:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense and a pattern of misconduct

890409:  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 890630 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).
In response to applicant’s issue 1, the Board found that the applicant's age, education level, and test scores qualified him for enlistment. While he may feel that he was unable to adapt to military lifestyle, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service. The record is devoid of any evidence or medical reason that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.

The Board recognizes that serving in the Navy is very challenging to both the Sailor and his family members. Our country is fortunate to have men and women willing to endure the hardships and make the sacrifices required to serve their country. It must be noted that most Sailors serve honorably and well, and therefore, earn their honorable discharges. The applicant's service is accurately characterized as having been performed under other than honorable conditions. Relief is not warranted.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), Change 7, effective
25 May 89 until 20 Aug 89, 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 86, for unauthorized absence for a period in excess of 30 days, 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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