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NAVY | DRB | 2001_Navy | ND01-00012
Original file (ND01-00012.rtf) Auto-classification: Denied


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

ex-RMSR, USN
Docket No. ND01-00012

Applicant’s Request
The application for discharge review, received 001010, 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 010406. 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 - Pattern of misconduct, 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 dated September 25, 2000

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     850904 - 860114  COG

 Period of Service Under Review :
Date of Enlistment: 860115               Date of Discharge: 880901

 Length of Service (years, months, days):

         Active: 02 07 17
         Inactive: None

 Age at Entry: 18                          Years Contracted: 4

 Education Level: 12                        AFQT: 28

 Highest Rate: RMSA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 3.33 (3)    Behavior: 3.10 (4)                OTA: 3.33

 Military Decorations: None

 Unit/Campaign/Service Awards: None

Days of Unauthorized Absence: 4

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

870204:  NJP for violation of UCMJ, Article 92: Failed to obey lawful order on 13Jan87.
         Award: Forfeiture of $329 per month for 2 months, bread and water for 3 days, reduction to RMSR. Forfeiture for 1 month and reduction suspended for 6 months. No indication of appeal in the record.
870204:  Retention Warning from USS CONSTELLATION (CV 64): Advised of deficiency (Failed to obey lawful order.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

870427:  Vacate suspended forfeiture and reduction awarded at CO's NJP of 4Feb87 due to continued misconduct.

 870427:  NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 7Apr87 to 0730, 11Apr87 (4 days/surrendered).
         Award: Forfeiture of $300 per month for 2 months, restriction and extra duty for 45 days. Forfeiture of $100.00 for 2 months and restriction and extra duty for 25 days suspended for 6 months. No indication of appeal in the record.
870621:  NJP for violation of UCMJ, Article 86 (3 specs):
 Specification 1: Unauthorized absence from appointed place of duty on 2100, 1Jun87.
Specification 2: Unauthorized absence from appointed place of duty on 1200, 2Jun87.
Specification 3: Unauthorized absence from appointed place of duty on 2100, 2Jun87.
         Award: Forfeiture of $200 per month for 1 month, restriction and extra duty for 25 days. No indication of appeal in the record.
870716:  NJP for violation of UCMJ, Article 86 (3 specs):
 Specification 1: Unauthorized absence from appointed place of duty on 0630, 27Jun87.
Specification 2: Unauthorized absence from appointed place of duty on 1800, 30Jun87.
Specification 3: Unauthorized absence from appointed place of duty on 0630, 8Jul87.
Violation of UCMJ, Article 91: Disrespectful in language on 6Jul87.
Violation of UCMJ, Article 92: Fail to obey lawful order on 6Jul87.
         Award: Forfeiture of $329 per month for 2 months, confinement on bread and water for 3 days. Forfeiture for 1 month suspended for 6 months. No indication of appeal in the record.
880712:  Summary Court-Martial.
         Charge I: violation of the UCMJ, Article 86 (4 specs):
         Specification 1: Unauthorized absence from appointed place of duty on 16Jun88.
         Specification 2: Unauthorized absence from appointed place of duty on 6Jul88.
         Specification 3: Unauthorized absence from appointed place of duty on 7Jul88.
         Specification 4: Unauthorized absence from appointed place of duty on 8Jul88.
         Finding: to Charge I and the specifications thereunder, guilty.
         Sentence: Forfeiture of $400.00, CHL for 30 days, reduction to RMSR.
         CA action 880725: Sentence approved and ordered executed except for that portion of the punishment adjudging forfeiture in excess of $100.00 which is suspended for 6 months.

880712:  Applicant to confinement.

880804:  Applicant from confinement and returned to full duty.

880731:  USS CONSTELLATION (CV 64) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by five punishments under the UCMJ within the current enlistment; and misconduct due to the commission of serious offenses, to wit: fail to obey a lawful order on 13 January 1987, disrespect toward superior petty officer on 6 July 1987, fail to obey lawful order on 6 July 1987, disrespect toward senior chief petty officer on 16 June 1988, willfully disobey lawful order of superior petty officer on 17 June 1988.
880731:          Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights .

880810:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and a pattern of misconduct.

880825:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880901 under other than honorable conditions for misconduct due to a pattern of misconduct (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 870615 - 890110), Article 3630600, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT.

B. Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 92, fail to obey an order, Article 91, disrespect 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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