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NAVY | DRB | 1999_Navy | ND99-01168
Original file (ND99-01168.rtf) Auto-classification: Denied


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

ex-RMSN, USN
Docket No. ND99-01168

Applicant’s Request
The application for discharge review, received 990826, 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 000522. 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

 1. During my first two years with the Navy, my work performance and personal appearance began to decline. I enrolled into the Navy's DAPA Program. After one year, I was released from DAPA and I continued my career goal. I went to Radioman Communication School where I kept good eval's and was promoted to E-4 pay grade. Into my fifth year with the Navy my drinking problem and appearance occurred a second time and my work performance began to decline as well. I went AWOL from the Navy for two months. Prior to that I spent four years in the Navy without any incidents. I turned myself into Norfolk Naval Base and I had no crime and drug involvement for the time I was gone. I have kept myself now currently working and at home reading and studying. After four years of my discharge, I am asking for my honorable discharge. I know I am 27 years old this year and cannot enter back into the service.



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: USN               None
         Inactive: USNR (DEP)     910627 - 920113  COG

 Period of Service Under Review :
Date of Enlistment: 920114               Date of Discharge: 961018

 Length of Service (years, months, days):

         Active: 04 09 05
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 43

 Highest Rate: RM3

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.95 (4)    Behavior: 3.80 (0)                OTA: 3.90

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM, MUCM, SSDR, BATTLE"E"RIBBON, GCA

Days of Unauthorized Absence: 115

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

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

 Chronological Listing of Significant Service Events :

960524:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 960524 having been an unauthorized absentee since 0700, 960424 from USS JOHN C STENNIS (CVN-74).

960731:  Report of Return of Deserter. Applicant surrendered to military authorities on 960730 (2035) at TRANSITPERSU NORFOLK, VA. Returned to military control 960730 (2035). Transferred to USS JOHN C STENNIS for disciplinary action.

960905:  NJP for violation of UCMJ, Article 86: UA from 960424 to 960730 (97days/S), violation of UCMJ Article 87: Missing Ship's Movement.
         Award: Forfeiture of $580.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-3. No indication of appeal in the record.
960906:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by Commanding Officer's NJP on 960905 for violation of the UCMJ, Article 86, unauthorized absence for 97 days, and Article 87, missing ship's movement through design.
960906:          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

960910:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

961009:  Commander, Carrier Group SIX directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

961206:  BUPERS directs the reissue of the applicant’s DD Form 214 with reason for discharge: COMMISSION OF A SERIOUS OFFENSE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 961018 under other than honorable conditions for misconduct due to a pattern of misconduct (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 NDRB found the applicant’s issue non decisional. Relief is not warranted.

 The following is provided for the applicant’s edification. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge. The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service. Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question. Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB. The applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge. Representation at personal appearance hearing is highly recommended.


Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C, Change 14, effective 03 Oct 96 until 11 Dec 97), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A PATTERN 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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