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NAVY | DRB | 1999_Navy | ND99-01077
Original file (ND99-01077.rtf) Auto-classification: Denied


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

ex-EMFR, USN
Docket No. ND99-01077

Applicant’s Request
The application for discharge review, received 990803, 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 000420. 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. I would like to raise some issues not in my record. My amount of unauthorized absences from duties were due to the fact; that they were for galley duty ( all of them )! I arrived at my duty station in Pearl Harbor HI. On 91-02-25 and was told I'll have to crank for 90 days fine I said - then they extended that another 60-90 days w/o me working in my rate "EM". Then our ship the U.SS FF 1071 Badger was due to decommission and instead of helping my shipmates "decomm" our ship, I was told I had to crank on the island galley until my departure to my next duty station. I'd practically forgotten what I learned in school about my rate. Then one night when I was showering a homosexual made and advance towards me so hit him a couple of times, for insulting my morals.
I apologized to him but he did not apologize to because of my UA the XO thought I had a problem. I was at that duty station for nearly a year and did no work for my rate. I did not receive my G-I Bill or my $1200 after 19 mos in the Navy I spent 9 of those in the galley . My opinion of the Navy is a high regard and would like to do most over again. With all do respect I was gipped . I would like to ask the review to change discharge to honorable. Because I am a man of honor and refer to the military in an honorable manner. Please consider my ordeal I've wrote about when making your decision. Thank you. I would also like to know if I qualify for any VA Benefits. And if it would be possible to receive my benefits for the GI Bill considering I put in my $1200.00 for it. Thank you again.

 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)     880830 - 881110  ELS
 USNR (DEP       990228 - 900430  COG
Period of Service Under Review :
Date of Enlistment: 900501               Date of Discharge: 911202

 Length of Service (years, months, days):

         Active: 01 07 02
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

 Education Level: 8 GED            AFQT: 51

 Highest Rate: EMFA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.80 (1)    Behavior: 1.00 (1)                OTA : 2.80

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 2

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 :

910124:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0800, 15Dec90 to 2011, 17Dec90 (2 days/surrendered).
         Award: Forfeiture of $150 per month for 1 month, restriction and extra duty for 14 days. No indication of appeal in the record.
910124:  Retention Warning: Advised of deficiency (Poor military performance, without authority, absent yourself from your organization, to wit: Service School Command, Great Lakes, IL.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910212:  NJP for violation of UCMJ, Article 86 (45 specs): Failure to go at time prescribed to appointed place of duty, Restricted Personnel Muster at Building 236, Room 105, between 26Jan91 to 3Feb91.
         Award: Restriction and extra duty for 5 days. No indication of appeal in the record.
911024:  NJP for violation of UCMJ, Article 86 (3 specs): Unauthorized absence, violation of UCMJ, Article 92: Failure to obey lawful order, violation of UCMJ, Article 128: Assault consummated by battery, violation of UCMJ, Article 134: Disorderly conduct, drunkenness, indecent acts with another.
         Award: Forfeiture of $433 per month for 2 months, reduction to EMFR. No indication of appeal in the record.
911025:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
911025:          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.
911028:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

911112:  Alcohol screen: Not ETOH dependent.

911121:  BUPERS 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 911202 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).

In the applicant’s issue 1, the Board found that the applicant had 3 NJPs within one year and seven months of service. His second NJP for unauthorized absence consisted of 45 specifications, which the Board found to be a significant number. In addition, the applicant was found guilty of assault and disorderly conduct which are both very serious offenses. The Board found the discharge to be proper and equitable and the applicant’s issue that the unauthorized absences were only “for galley duty” irrelevant, as well as the fact that the applicant would have “to crank” for 90 or 120 days. No relief will be granted based on these issues.

The applicant was briefed on the Veterans’ Educational Assistance Act of 1984 (G.I. BILL). Specifically, he was briefed that an Honorable discharge after completion of 36 months on active duty would be required for entitlement to benefits under the G.I. BILL.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), effective 15 Aug 91 until
04 Mar 93, 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 [e.g., 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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