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NAVY | DRB | 2000_Navy | ND00-00859
Original file (ND00-00859.rtf) Auto-classification: Denied


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

ex-BTFR, USN
Docket No. ND00-00859

Applicant’s Request
The application for discharge review, received 000707, 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 list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010125. 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 feel that my "Under Other Than Honorable Conditions" Discharge is undeserved because I had two offenses and this was the first time I had been in trouble or committed any offense in almost two years of service.

 Documentation
In addition to the service record, the following additional documentation, submitted by the applicant, was considered:
Copy of State of North Carolina Criminal Record Check
Resume
Character Reference Letters (3)
Request Letter from Applicant
Copies of DD Form 214 (2)

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: USN                        None
         Inactive: USNR (DEP)     850813 - 850825  COG

 Period of Service Under Review :
Date of Enlistment: 850826               Date of Discharge: 880418

 Length of Service (years, months, days):

         Active: 02 02 21
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4 (24 months extension)

 Education Level: 12                        AFQT: 74

 Highest Rate: BTFA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 1.00 (1)    Behavior: 1.00 (1)                OTA: 1.00

Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 89

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 :

871002:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 871006 having been an unauthorized absentee since 0600, 870906 from USS CORAL SEA (CV-43).

871210:  Report of Return of Deserter. Applicant surrendered to Fort Jackson, SC on 871111 (1925). Returned to military jurisdiction 871112 (1805). Returned onboard USS CORAL SEA 1434, 871203 for disciplinary action.
880228:  Special Court Martial for violation of UCMJ, Article 86: (3 Specs), Spes 1: UA from 870720-870728[8days/S]; Spec 2: UA from 870804-870819[15days/S], Spec 3: UA from 870906-871111[66days/S]; violation of UCMJ Article 87: Missing Ship's Movement on 870812 and 870929.
         Sentence: Confinement for 2 months, forfeiture of $250.00 per month for 2 months, reduction to E-1.
         CA (880125): Sentence approved and ordered executed.
880226:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.
880227:          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.
880302:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

880329:  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 880418 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).

 The NDRB found the other than honorable discharge accurately characterized the applicant’s service. The Board noted the applicant’s was found guilty at Special Court Martial for violation of Article 86 (8, 16, and 67 days) and Article 87 (Missing Ship’s Movement). Relief is not warranted.
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 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. 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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