The Board did review the applicant s entire record and considered all documents associated with this case

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The Board did review the applicant s entire record and considered all documents associated with this case Powered By Docstoc
					                            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
The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and
Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent
Regulation/Law, Part IV - Information for the Applicant.
INDEX: A6730/A9453/A9217/A9231/A9225
Docket No. ND00-00094



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)




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Docket No. ND00-00094


                            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.



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Docket No. ND00-00094

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




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Docket No. ND00-00094

            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."




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Docket No. ND00-00094

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".




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Docket No. ND00-00094


  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.




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Docket No. ND00-00094


                    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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