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NAVY | DRB | 2000_Navy | ND00-00094
Original file (ND00-00094.rtf) Auto-classification: Denied


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

ex-FR, USN
Docket No. ND00-00094

Applicant’s Request
The application for discharge review, received 991025, 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 selected the Veterans of Foreign Wars as his representative on 991105.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000720. 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 did note an administrative error in that the reason for discharge was incorrectly listed on the applicant’s DD 214 as Commission of a serious offense. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS but the reason should be corrected to say PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

The NDRB noted an administrative error on the original DD Form 214. Block 25, Separation Authority, should read: MILPERSMAN 1910-140" vice "1910-600", Block 26, Separation Code, should read: “HKA" vice “HKQ” and Block 28, Narrative Reason for Separation, should read: "PATTERN OF MISCONDUCT" vice "MISCONDUCT". The original DD Form 214 should be corrected or reissued as appropriate.
PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues
1. We ask the Board to consider the applicant's case IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1), chapter 9, paragraph 9.3, Equity of discharge.

2. We ask the Board to consider the applicant's case IAW SECNAV Instruction 5420.174C of 22 August 1984 (MDR 1984), enclosure (1, chapter 9, paragraph 9.2, Propriety of Discharge.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Applicant's letter to the Board
Copy of DD Form 214 (2 copies)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     960329 - 960428  COG

 Period of Service Under Review :
Date of Enlistment: 960429               Date of Discharge: 981218

 Length of Service (years, months, days):

         Active: 02 07 20
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4

Education Level: 12                        AFQT: 31

 Highest Rate: FA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: NMF                  Behavior: NMF             OTA: NMF

 Military Decorations: None

 Unit/Campaign/Service Awards: None

 Days of Unauthorized Absence: 220

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

UNDER OTHER THAN HONORABLE CONDITIONS/COMMISSION OF A SERIOUS OFFENSE, authority: NAVMILPERSMAN, Article 1910-600 (formerly 3630600).

 Chronological Listing of Significant Service Events :

970708:  Unauthorized absence from USS T ROOSEVELT/surrendered onboard on 97JUL11 (3 days). Absence not excused and charged as lost time.

970801:  Unauthorized absence from USS T ROOSEVELT/surrendered onboard on 97AUG04 (3 days). Absence not excused and charged as lost time.

970816:  Unauthorized absence from USS T ROOSEVELT/surrendered onboard on 97AUG22 (6 days). Absence not excused and charged as lost time.

970831:  Unauthorized absence from USS T ROOSEVELT/surrendered onboard on 970902 (2 days). Absence not excused and charged as lost time.

970912:  Unauthorized absence from USS T ROOSEVELT/surrendered onboard on 97SEP15 (3 days). Absence not excused and charged as lost time.

970920:  Unauthorized absence from USS T ROOSEVELT/surrendered onboard on 97SEP23 (3 days). Absence excused as unavoidable - charged 3 days leave.
971224:  Unauthorized absence from USS T ROOSEVELT/surrendered onboard on 97DEC29 (5 days). Absence not excused and charged as lost time.

980127:  Unauthorized absence from USS T ROOSEVELT/surrendered onboard on 98FEB09 (13 days). Absence not excused and charged as lost time.

980210:  Unauthorized absence from USS T ROOSEVELT, intentions unknown
980313:  Report of Declaration of Desertion. Applicant declared a deserter 98MAR13, having been an unauthorized absentee since 1130 98FEB10, from USS THEODORE ROOSEVELT (CVN 71).
980616:  Surrendered at Personnel Support Activity, MacDill AFB, Tampa, FL. Returned USS T ROSEVELT 98JUN17 (126 days). Absence not excused and charged lost time.
980708:  Summary Court Martial
 Charge: Violation of UCMJ, Article 86 (2 specs): unauthorized absence from unit.
Award: Forfeiture of $600.00 per month for 1 month (suspended for 6 months, reduction to E-1, restriction and extra duty for 45 days.
CA 980730: Sentence approved and ordered executed, except execution of that part of the sentence extending to forfeiture of $600.00 pay per month for 1 month is suspended for six months from date of this action.
980730:  NJP for violation of UCMJ, Article 86 (4 Specs): unauthorized absence from appointed place of duty on 10, 14, 19 - 20 July 1998.
         Award: Confinement on bread & water for 3 days. No indication of appeal in the record.

980801:  Retention Warning: Advised of deficiency (NJP 98JUL 30, violation of UCMJ, Article 86, fail to go to appointed placed of duty), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

980811:  Unauthorized absence from USS T ROOSEVELT/surrendered onboard on 98AUG19 (8 days). Absence not excused and charged as lost time.
980914:  Unauthorized absence from USS T ROOSEVELT/surrendered onboard on 97SEP15 (1 days). Absence not excused and charged as lost time.
980918:  Unauthorized absence from USS T ROOSEVELT. Intentions unknown.

981006:  Missed ship's movement

981018:  Declared a deserter.

981104:  Applicant apprehended by civilian authority at Nassau County, Yulee, FL. Returned to USS T ROOSEVELT on 981105 (47 days).

981119:  NJP for violation of UCMJ, Article 86 (2 specs): absent from unit; violation of UCMJ Article 87: miss ship's movement.
         Award: Forfeiture of $468.00 per month for 2 months, restriction and extra duty for 45 days. No indication of appeal in the record.
981128:  Applicant notified of intended recommendation for discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern of misconduct and misconduct due to Commission of serious offenses.
981128:  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

981209:  Commanding officer recommended to COMCARGRU EIGHT, applicant's discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern of misconduct and misconduct due to Commission of serious offenses (Articles 86 and 87) as evidenced by nonjudicial punishments of 30 July 1998 and 19 November 1998 and summary court-martial of 8 July 1998 during current enlistment.. Commanding officer’s comments (verbatim): "FR (Applicant) is being processed for misconduct due to a Pattern of misconduct and misconduct due to Commission of serious offenses. He has demonstrated his inability to adapt to the Navy's environment and has no potential for further naval service. I recommend his separation from the naval service with a discharge characterized as Other Than Honorable."

981213:  COMCARGRU EIGHT directed the applicant's discharge under Other Than Honorable conditions by reason of misconduct due to a Pattern of misconduct with SPD code of "HKA".

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 981218, under Other Than Honorable (OTH) conditions for misconduct due a Commission of serious offense (A). The discharge authority (COMCARGRU EIGHT) directed the applicant’s parent command to discharge him with an OTH for misconduct due to Pattern of misconduct (separation code HKA). The applicant’s DD 214, block 26, Separation Code, should be changed to HKA, vice HKQ, as directed by COMCARGRU EIGHT. 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 issues 1 and 2, the Board determined these issues are without merit. The applicant wants the Board to consider the propriety and equity of his discharge. The Board did review the applicant’s entire record and considered all documents associated with this case. The Board determined the discharge was proper and equitable. The applicant was an unauthorized absentee on 18 separate occasions, to include 2 periods of UA in excess of 30 days and missed ship’s movement on two occasions. The applicant committed four court martial offenses but his command elected to administratively separate him, with a non-punitive discharge. Relief denied.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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 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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