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NAVY | DRB | 1999_Navy | ND99-01239
Original file (ND99-01239.rtf) Auto-classification: Denied


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

ex-FA, USNR
Docket No. ND99-01239

Applicant’s Request
The application for discharge review, received 990923, 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 000616. 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. I would like a review of my discharge & service record to possibly have my discharge upgraded to honorable. I believe I was treated unfairly due to medical reasons. I was in quarantine for 30 days prior to my discharge I could not leave or have any company to my residence in that time period this was per Naval Hospital in Portsmouth VA.

 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: USN                        None
         Inactive: USNR (DEP)     None

 Period of Service Under Review :
Date of Enlistment: 820108               Date of Discharge: 850610

 Length of Service (years, months, days):

         Active: 02 08 03
         Inactive: 00 03 27

 Age at Entry: 19                          Years Contracted: 6

 Education Level: 12 (GED)                          AFQT: 47

 Highest Rate: FN

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.66 (3)    Behavior: 2.60 (3)                OTA: 3.20

 Military Decorations: None

 Unit/Campaign/Service Awards: BATTLE"E"RIBBON

Days of Unauthorized Absence: 88

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 :

820504:  Ordered to active duty for 36 months under the Active Mariner program.
820913:  Unauthorized absentee since 0545, 82SEP13 from SERVSCOLCOM Great Lakes, IL.

820927:  Applicant surrendered onboard SERVSCOLCOM Great Lakes, IL at 0830, 820922.

820927:  Counseling: Advised of deficiency (military behavior).
820928:  NJP for violation of UCMJ, Article 86: Without authority absent himself from his organization from 0545 820913 to 0830, 820920(9days/S).
         Award: Admonition: oral/in writing. No indication of appeal in the record.

830307:  Applicant on unauthorized absence as of 0700, 07MAR83. Intentions unknown.

830410:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 830407 having been an unauthorized absentee since 0700, 830307 from USS CHARLESTON (LKA-113).

830426:  SNM returned onboard NAVPHIBASE LCREEK CA 0845, 830423 stating UA from command since 0700, 830304.

830726:  Special Court-Martial for violation of UCMJ, Article 86: UA from 830307 to 830423 (46days/S).
Sentence to Bread & Water for 3 days, restriction and hard labor without confinement for 60 days, forfeiture of $125.00 per month for 6 months.
CA (830726) Sentence approved and will be duly executed.
830820:  Retention Warning: Advised of deficiency (Unauthorized absence from NTC, Great Lakes, IL commencing on/or about 0545, 820913 and termination on/or about 0830, 820922 and Unauthorized absence from USS CHARLESTON (LKA-113), located at Norfolk, VA commencing on/or about 830307 and termination on/or about 830423), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

840603:  UA from 0700-0820, 840531.

840719:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 840719 having been an unauthorized absentee since 0700, 840620 from USS CHARLESTON (LKA-113).

840724:  Applicant surrendered onboard USS CHARLESTON (LKA 113) 2000, 23 July 1984.

841001:  Summary Court Martial for violation of UCMJ, Article 86: Absence from unit, organization and place of duty 840620 to 840724 (33days/S), violation of UCMJ Article 87: Missing movement.
Sentence to Hard Labor for 45 day, forfeiture of $397.00 per month for 1 month, restriction for 60 days, reduction to E-1 (suspended for 6 months).
CA (841001) Sentence approved but only so much of the sentence as provides for 45 days hard labor, 60 days restriction, forfeiture of $397.00 pay per month for 1 month, and reduction in rate to E-1 (suspended for 6 months), is approved and ordered executed, but the remaining 6 months of the reduction in rate is suspended for a period months, at which time, unless the suspension is sooner vacated, the remaining 6 months shall be remitted without further action.

841001:  To confinement.

841123:  Release from confinement.

841128:  Indebtedness counseling warning letter.
841214:  Retention warning. Advised of deficiency (Failure to pay just debts), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

850122:  Indebtedness counseling warning letter.

850124:  Retention Warning: Advised of deficiency (Failure to pay just debt. Letter of indebtedness from consumer adjustment corp., 145 Sycamore Ave., Central Islip, NY 11722 Affiliated with super high voltage & harris originals in the amount of $615.40 amount past due 379.60 DTD 850124), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
        
850213:  Retention Warning: Advised of deficiency (Failure to pay just debt. Letter of indebtedness from consumer adjustment corp., 145 Sycamore Ave., Central Islip, NY 11722 Affiliated with super high voltage & harris originals in the amount of $615.40 amount past due 379.60 DTD 850213. Account has been over due since 850910. Amount now due 431.05), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

850226:  Retention warning. Advised of deficiency (Failure to pay just debts) , notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
850311:  Retention warning. Advised of deficiency (Failure to pay just debts) , notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

 850327:  Retention warning. Advised of deficiency (Failure to pay just debts) , notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
850503:  Applicant on unauthorized absence from 0645, 2 May 1985. Missed sailing of USS CHARLESTON (LKA 113) from Norfolk, VA 2 May 1985. Intentions unknown.
850504:  Applicant missed sailing of USS CHARLESTON (LKA 113) from Morehead City, North Carolina 4 May 19985.
850509:  Applicant on unauthorized absence from NAB Little Creek, VA since 0745 85MAY06, while in a transient status onboard Naval Amphibious Base, Little Creek, Norfolk, VA. Intentions unknown.

850517:  Applicant surrendered onboard USS CHARLESTON (LKA 113) 0945, 13 May 1985.

 850517:  NJP for violation of UCMJ, Article 86 (3 specifications), absence from unit, organization and place of duty: Violation of UCMJ, Article 87, Missing ship’s movement.
          Awarded: 30 days restriction and extra duty, forfeiture of $200.00 pay per month and reduction in rank to E-2.
       
850528:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by your NJP on 850517 for Article 87, missing ship's movement and your summary court-martial on 841001 for Article 87, missing ship's movement; and by reason of misconduct pattern of misconduct as evidenced by your special court-martial on 830726 for Article 86, absence from unit, organization and place of duty, your summary court martial on 841001 for Article 87, missing ship's movement, and by your NJP on 850517 for Article 87, missing ship's movement and for Article 86, unauthorized absence.
850528:  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.
850528:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense as evidenced by your NJP on 850517 for Article 87, missing ship's movement and your summary court-martial on 841001 for Article 87, missing ship's movement; and by reason of misconduct pattern of misconduct as evidenced by your special court-martial on 830726 for Article 86, absence from unit, organization and place of duty, your summary court martial on 841001 for Article 87, missing ship's movement, and by your NJP on 850517 for Article 87, missing ship's movement and for Article 86, unauthorized absence. Commanding officer’s comments: [(verbatim), if appropriate]:

850603:  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 850610 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 determined this issue is without merit. The applicant claims he was treated unfairly due to medical reasons. He was quarantined for 30 days prior to his discharge. The applicant had a Special Court Martial for desertion (UA 46 days) and was found guilty. He had a Summary Court Martial for desertion (UA 33 days) and was found guilty. Additionally, he went to NJP for UA for 9 days and NJP for UA and missing ship’s movement. He received numerous retention warnings for Failure to pay just debts. The discharge was proper and equitable. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560, Change 10/84, effective 17 Sep 84 until 15 Dec 85), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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 view DoD Directive 1332.28 and other Decisional Documents by going online at " afls14.jag.af.mil ".

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
                  720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023      

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