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NAVY | DRB | 2005_Navy | ND0500835
Original file (ND0500835.rtf) Auto-classification: Denied


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


 FOR OFFICIAL USE ONLY

ex-SR, USN
Docket No. ND05-00835

Applicant’s Request
The application for discharge review was received on 20050419. The Applicant requests the characterization of service received at the time of discharge be changed to honorable. The Applicant requests 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 20050811. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB. 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, authority: NAVMILPERSMAN, Article 3630600.


PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

 No issues were submitted by the Applicant.

 Documentation
In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:
No additional documentation.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Inactive: USNR (DEP)     930524 - 930621  COG
         Active: None

 Period of Service Under Review :
Date of Enlistment: 930622               Date of Discharge: 951023

 Length of Service (years, months, days):

         Active: 02 04 02 (does not exclude lost time)
         Inactive: None

 Age at Entry: 20                          Years Contracted: 4

Education Level: 12                        AFQT: 36/25

 Highest Rate: SA

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.1 (4)              Behavior: 2.3 (5)                 OTA: 2.48

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 58

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

 Chronological Listing of Significant Service Events :

931028:  Retention Warning: Advised of deficiency (found guilty of Article 86 and 92 of UCMJ), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

940323:  Unauthorized absence from USS ENTERPRISE (CVN 65) at Newport News Shipyard on this date. Intentions unknown.
940324:  Returned on board USS ENTERPRISE (CVN 65) at Newport News Shipyard this date.

940824:  Unauthorized absence from USS ENTERPRISE (CVN 65) at Newport News Shipyard on this date. Intentions unknown.

940829:  Returned on board USS ENTERPRISE (CVN 65) at Newport News Shipyard this date. Absence determined to be unavoidable. Applicant charged leave (940824-940828).
940915:  Retention Warning: Advised of deficiency (Violation of the UCMJ, Article 86 – unauthorized absence, on 940914), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

941129:  Counseling: Applicant advised that he failed the April 93 physical readiness test by failing the body fat and PRT and placed on the command’s sponsored physical conditioning program. Sources of assistance included. Medical evaluation if out of body fat standards, appropriate counseling (CFC, DAPA, Dietitian), remedial program for weight loss and or physical conditioning.
950615:  NJP for violation of UCMJ, Article 86: Unauthorized absence from unit at 0630, 950606 to 0730, 950606, violation of UCMJ, Article 91: Disrespect towards a Petty Officer on 950613.
         Award: Forfeiture of $200.00 pay per month for 2 months (1 month suspended for 3 months), reduction to E-1 (suspended for 3 months), and restriction and extra duty for 20 days. No indication of appeal in the record.

950616:  Retention Warning: Advised of deficiency (Violation of UCMJ, Article 86 – unauthorized absence on 950606 and Violation of UCMJ, Article 91- Disrespect to a petty office on 950613), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

950701:  Unauthorized absence from USS ENTERPRISE (CVN 65) at Newport News, VA on this date.








950807:  Report of Declaration of Deserter (NAVPERS 1600-3). Applicant declared a deserter on 950801 having been an unauthorized absentee since 0630, 950701 from USS ENTERPRISE (CVN 65) NOB NORFOLK VA.

950828:  Apprehended by Navy Absentee Collection Unit, Great Lakes, IL on this date.
950830:  Returned to USS ENTERPRISE (CVN 65) at NOB Norfolk, VA on this date.

950830:  Report of Return of Deserter. Applicant apprehended by civil authorities on 280895 (0130) at Bassfield, MS. Returned to military control 280895 (1900). Applicant is in military custody and enroute to TPU Norforlk, VA FFT to USS ENTERPRISE (CVN 65).

950910:  Drug and Alcohol Abuse Report: On 950615, Applicant made a self referral/disclosure of using marijuana 1 to 3 times per month ashore-on duty. Medical physician determined that the Applicant is not dependent and recommends separation from the service, not via VA Hospital. Commanding Officer’s action was to process Applicant for separation from the military.

950914:  NJP for violation of UCMJ, Article 86: Unauthorized absence from unit on 950701 to 950830, violation of UCMJ Article 87 (3 Specs): Missing ship’s movement on 950713, 950808, 950825.
         Award: Forfeiture of $427.00 pay per month for 2 months, restriction for 60 days, reduction to E-1. No indication of appeal in the record.

950919:  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 his punishment under the UCJM. If separation is approved, the characterization of your service may be other than honorable.
950919:  Applicant advised of rights and having elected not to consult with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.
950928:  Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. SNM committed serious offenses when he went UA for 60 days, missed ship’s movement on three different occasions and was disrespectful to a Petty Officer. Commanding Officer’s comments: “SNM appeared at two CO’s NJP for six violations of the UCMJ; four of which were for serious offenses. His behavior is not in keeping with his enlistment oath and reflects discredit upon himself, this command, and the Navy. He has no potential for further useful naval service. Therefore, I recommend that he be separated from the naval service with an Other Than Honorable Discharge.”

951011:  BUPERS 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 19951023 under other than honorable conditions for misconduct due to commission of a serious offense (A and 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 Applicant introduced no decisional issues for consideration by the Board. However, the Board found that an under other than honorable conditions discharge by reason of misconduct was proper and equitable. The Applicant’s service was marred by:

•         3 retention warnings:

o        931028: Violation of UCMJ, Articles 86 (unauthorized absence and 92 failure to obey order, regulation)
o        940915 Violation of the UCMJ, Article 86 (unauthorized absence)
o        950616: Violation of UCMJ, Articles 86 (unauthorized absence on 950606) and Violation of UCMJ, Article 91(Disrespect to a petty office on 950613)

•         2 nonjudicial punishment proceedings for violations of:

o        950615: violation of UCMJ, Articles 86:(Unauthorized absence from unit at 0630, 19950606 to 0730, 19950606) and Article 91: (Disrespect towards a Petty Officer on 950613).

o        950914: violation of UCMJ, Articles 86: (Unauthorized absence from unit on 950701 to 950830) and Article 87 (3 Specs): (Missing ship’s movement on 950713, 950808, 950825).

•         950615: Applicant admitted to the use of marijuana 1-3 times per week on a Navy Drug and Alcohol abuse Report (self referral).

The following is provided for the edification of the Applicant. The NDRB is authorized to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review. Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities. As of this time, the Applicant has not provided any post-service documentation for the Board to consider.
The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge. The Applicant can provide documentation to support any claims of post-service accomplishments or any other evidence related to his discharge at that time. Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)
A. Naval Military Personnel Manual, (NAVPERS 15560C), Change 9, effective
22 Jul 94 until 02 Oct 96, Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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 and Article 87, missing movement, if adjudged at a Special or General Court-Martial.

 C. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety .

 D. Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity .


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 “ http://Boards.law.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:

                  Secretary of the Navy Council of Review Boards
                   Attn: Naval Discharge Review Board
                   720 Kennon Street SE Rm 309
                  Washington Navy Yard DC 20374-5023

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