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NAVY | DRB | 1999_Navy | ND99-01140
Original file (ND99-01140.rtf) Auto-classification: Denied


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

ex-SR, USN
Docket No. ND99-01140

Applicant’s Request
The application for discharge review, received 990824, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000512. 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 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
Only the service record and medical record was considered, as the applicant did not provided additional documentation.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     930913 - 930915  COG
                  USNR (DEP)      920817 - 930730  ELS (Medical Disqual)

 Period of Service Under Review :
Date of Enlistment: 930916               Date of Discharge: 960823

 Length of Service (years, months, days):

         Active: 02 11 08 (Doesn't exclude time lost)
         Inactive: 00 00 00

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 69

 Highest Rate: SN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.4 (1)     Behavior: 3.2 (1)                 OTA: 3.6

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

Days of Unauthorized Absence: 43

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :
940527:  NJP for violation of UCMJ, Article 86: on or about 2200, 19MAY94, w/o authority, absent himself from his place of duty at which he was required to be, to wit: Bldg 311, Naval Training Center, Orlando, Fl and did remain so absent until on or about 0550, 19MAY94; violation of UCMJ Article 92: on or about 19MAY94, fail to obey a lawful order from a PO1 by wrongfully not turning in his own liberty card.
 Award: Correctional custody for 30 days, forfeiture of $466.00 per month for 2 months, reduction to E-1 (suspended for six months). No indication of appeal in the record.
951031:  NJP for violation of UCMJ, Article 92 (2 Specs): fail to obey a lawful order by wrongfully consuming alcoholic beverages while under the age of 21 on or about 18 and 19 August 1995.
         Award: Forfeiture of $478.00 per month for 2 months (all but $25.00 of forfeiture suspended for six months), restriction and extra duty for 25 days (suspended for six months), reduction to E-2 (suspended for six months). No indication of appeal in the record.

960215:  Unauthorized absence from USS FRANK CALBE at Charleston, SC as of 0720, 96FEB15. Declared deserter as of 0720, 96FEB15. Missed sailing of this vessel from Charleston, SC, 96FEB15

960216:  Report of Declaration of Desertion issued: Declared deserter 15FEB96 having been an unauthorized absentee since 0720, 15FEB96 from USS FRANK CABLE. Member declared deserted after missing ship's movement, enroute to new homeport of Agana Guam on 14FEB96. Member seen leaving ship, at NAVSTA Charleston, SC, with seabag the evening of 14FEB96.
960313:  Surrendered to military authority TPU, GLakes, 2110, 96MAR13. (27 days).
960316:  Unauthorized absence from TPU, GLakes, as 1100, 96MAR16.

 960401:  Surrendered to military authority TPU, GLakes, 0650, 96APR01. Transferred to SUBREFIT site Guam on 96APR06 for further transfer to USS FRANK CABLE (AS-40).
960429:  Punishment of reduction in rate, 25 days restriction/extra duty and forfeiture of $465.00 for 2 months suspended at CO's NJP on 95OCT31 vacated this date due to continued misconduct.
960429:  Psychiatry eval: 21 year old white male with suicidal/homicidal ideation after being placed on restriction. Has history of UA and desertion. Also history of alcohol abuse. Plan for suicide is by drowning.
Diagnosis: (1) Adjustment disorder w/mixed emotional features, (2) Personality Disorder NOS - Passive Aggressive and borderline personality features.
Recommendation: .......He has already made a self injurious activity by drowning. Although not imminently suicidal or homicidal at this time, he is continuing risk to do harm to self and to others. Expeditious administrative separation is highly recommended. His ability to function effectively in the military environment significantly impaired........

960503:  NJP for violation of UCMJ, Article 85: on or about 15FEB96 without authority, and with intent to remain away permanently, absent himself form his unit;
violation of UCMJ Article 86: on or about 23 and 24 APR 1996, without authority fail to go at the time prescribed to his appointed place of duty and on or about 16MAR96 without authority absent himself from his organization until on or about 01APR96; violation of UCMJ Article 87: on or about 15FEB96, through design, miss the movement of the USS FRANK CALBE.
Award: Forfeiture of $437.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record.
960612:  Report of Return of Deserter. Deserter. UA from USS FRANK CABLE, 0720, 15FEB96. Surrendered to mil authority at 0650, 01APR96 at TPU GLakes, IL. Returned USS FRANK CABLE, retained on-board, CO's NJP held on 25APR96 and member transferred to TPU Treasure Island for discharge.

960506:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidence by all punishments under the UCMJ in our current enlistment, and by reason of convenience of the government due to personality disorder as evidenced by your psychological evaluation dated 30 April 1996.

960506:  Applicant advised of his rights and having consulted 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

960513:  Commanding Officer, USS FRANK CABLE, recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and by reason of convenience of the Government due to personality disorder. Commanding officer’s comments (verbatim): "Member has desire to remain in the Navy or conform to Navy standards. Therefore, I strongly recommend that SR (Applicant) be expeditiously separated with an other than honorable discharge."

960521:  BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct and directed assignment of separation code of HKF (desertion).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960823 under other than honorable conditions for misconduct due to desertion (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 15560C), Change 9, effective
22 Jul 94 until 02 Oct 96, Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON 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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