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NAVY | DRB | 2000_Navy | ND00-00163
Original file (ND00-00163.rtf) Auto-classification: Denied


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

ex-SR, USNR
Docket No. ND00-00163

Applicant’s Request
The application for discharge review, received 991109, 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 00727. 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

Prior to the documentary discharge review, the applicant introduced no issues as block 8 on the DD Form 293 is blank.

Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Letter from applicant

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):

          Active: None
         Inactive: USNR (DEP)     870728 - 870930  COG

 Period of Service Under Review :
Date of Enlistment: 871001               Date of Discharge: 880328

 Length of Service (years, months, days):

         Active: 00 05 28
         Inactive: None

 Age at Entry: 18                          Years Contracted: 8

 Education Level: 10                        AFQT: 68

 Highest Rate: SR

 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: 23

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 :

871007:  Applicant briefed on Navy's policy on drug and alcohol abuse.

 871013:  Applicant advised has been identified, through urinalysis testing, to be a drug abuser.
         
871229:  NJP for violation of UCMJ, Article 91: Disrespectful in deportment, violation of UCMJ Article 92: Wrongfully disobeying a lawful order, violation of UCMJ Article 117 (2 specs): Wrongful use of reproachful words.
         Award: Forfeiture of $250 per month for 1 month, restriction for 15 days. No indication of appeal in the record.
880129:  Retention Warning: Advised of deficiency (Unauthorized absence and failure to obey lawful orders for which you were awarded CO's nonjudicial punishment.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
         [ Date on warning is 870129, changed to 88 since it referred to NJP of 29Dec87 and applicant not in service 870129.]

880202:  Applicant to unauthorized absence 0700, 2Feb88.

880225:  Applicant from unauthorized absence 0405, 25Feb88 (23 days/surrendered).

880225:  Voluntary Statement given to Recruit Training Command Investigator: “I went UA on 01Feb88 while UA I went to Aspen Colorado to do some skiing before the ski session ended I also crossed the border into Mexico and went to Taiwan for a few days I came back to end this whole unpleasant matter and allow myself & the Navy to go are separate ways.”

880225:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
880225:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.
880225:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

880315:  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 880328 under other than honorable conditions for misconduct due to commission of a serious offense (A and B). The Board presumed regularity in the conduct of governmental affairs (C). 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 (D and E).

The applicant introduced no decisional issues for consideration by the Board.

 Pertinent Regulation/Law (at time of discharge)

 A. Naval Military Personnel Manual, (NAVPERS 15560A), effective 15 Jun 87 until
10 Jan 89, 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 [e.g., 92, wrongfully disobeying a lawful order] 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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