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

ex-BTFR, USN
Docket No. ND00-00392

Applicant’s Request

The application for discharge review, received 000209, 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 000831.  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.  Discharge in absentia.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  Request of upgrade in discharge status from other then honorable to honorable.  Please see attached letter.

Documentation

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

Letter from applicant dated September 2, 1999

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	850207		COG

Period of Service Under Review:

Date of Enlistment:  850208		Date of Discharge:  880628

Length of Service (years, months, days):

	Active:    03  04  21
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12	 1/2		AFQT:  34

Highest Rate:  BTFN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.60 (3)	Behavior:  3.60 (3)		OTA:  3.73

Military Decorations:  None

Unit/Campaign/Service Awards:  MUC, NUC, AFEM, SSDR

Days of Unauthorized Absence:  35

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:

851007:	NJP for violation of UCMJ, Article 112A: Wrongful use of hashish on 26Sep85.
	Award:  Forfeiture of $310 per month for 2 months, restriction and extra duty for 45 days, reduction to FR.  No indication of appeal in the record.

880426:	NJP for violation of UCMJ, Article 80: Attempt desertion on 21Apr88, violation of UCMJ Article 86 (3 specs): Failure to go to appointed place of duty, to wit: restricted men's musters at 1830 and 2130, 21Apr88 and 0630, 22Apr88, violation of UCMJ Article 128 (2 specs): Assault upon another service member on 4Apr88, by unlawfully striking him with his fist, and assault upon another service member on 4Apr88, by unlawfully choking him with his hands, violation of UCMJ, Article 134: Breaking restriction on 21Apr88.
	Award:  Forfeiture of $376 per month for 2 months, restriction and extra duty for 45 days, reduction to BTFA.  No indication of appeal in the record.

880426:	Retention Warning from USS AMERICA (CV 66): Advised of deficiency (Attempted desertion on 21Apr88, Assault upon a petty officer on 4Apr88, unauthorized absence from restricted men's muster on 21Apr88 and 22Apr88, and break restriction.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

880519:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 1May to 1200, 3May88 (2 days), violation of UCMJ Article 134: Breaking restriction on 1May88.
	Award:  Forfeiture of $300 per month for 1 months, restriction and extra duty for 30 days, reduction to BTFR.  No indication of appeal in the record.

880520:	USS AMERICA (CV 66) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to drug abuse, misconduct due to the commission of a serious offense.

880520:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

880521:	Drug/Alcohol Screening: No abuse pattern noted.
 
880523:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to drug abuse and misconduct due to the commission of a serious offense. 

880525:	Applicant to unauthorized absence 0600, 25May88.

880527:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

880621:	CNMPC authorized discharge of applicant without return to military control.

880627:	Applicant returned from deserter status 0600, 27Jun88 (surrendered).

880628:	Applicant discharged in absentia.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 880628 under other than honorable conditions for misconduct due to a pattern of misconduct (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).

In the applicant’s issue 1, the Board found that the applicant had 3 NJPs and received a retention warning.  He was dual processed for separation for misconduct due to commission of a serious offense, pattern of misconduct and drug abuse.  In addition, he was UA at the time of his discharge and therefore discharged in absentia.  Based on this information, the Board sees no reason to upgrade the applicant’s discharge to honorable and no relief is granted.

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.  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