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

 ex-OSSA, USN
Docket No. ND02-00455

Applicant’s Request

The application for discharge review, received 020228, 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 021104.  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, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

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:

NAVPERS 1070/613, Administrative Remarks, Retention Warning, dtd 13Oct99
NAVPERS 1070/613, Administrative Remarks, NJP action, dtd 15Sep 99
Copy of DD Form 214.

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	980516 - 980721	COG

Period of Service Under Review:

Date of Enlistment:  980722		Date of Discharge:  000123

Length of Service (years, months, days):

	Active:    01  06  02
	Inactive:  None

Age at Entry:  17 (Parental Consent)

Years Contracted:  4 

Education Level:  12			AFQT:  42

Highest Rate:  OSSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.0 (2)	Behavior:  1.5 (2)		OTA:  1.92 (5.0 EVAL)

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None 

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

Chronological Listing of Significant Service Events:

990903:	NJP for violation of UCMJ, Article 86:  unauthorized absence from unit on 15 Jul 99 to 16 Jul 99.
Award:  Restriction and extra duty for 25 days, reduction to E-X.  No indication of appeal in the record.

991013:	Retention Warning:  Advised of deficiency (UA from unit on 15 Jul 99 to 16 Jul 99), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
991112:	NJP for violation of UCMJ, Article 86 (3 Specs):  unauthorized absence and failing to go to appointed place of duty.
	Award:  Correctional Custody for 30 days.  No indication of appeal in the record.

991207:	NJP for violation of UCMJ, Article 86:  Unauthorized absence; violation of UCMJ Article 91 (5 Specs):
Spec 1 - discrespectful in deportment toward OSC W_;
Spec 2 - disrespectful in language toward OSC W_.
Spec 3 through 5 - willfully disobey orders issued by OSC W_.
	Award:  Forfeiture of $250 per month for 1 month, restriction for 20 days, reduction to E-X.  No indication of appeal in the record.

991209:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due pattern of misconduct and due to the commission of a serious offense.

991209:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

991216:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense.  Commanding officer’s comments (verbatim):  "On 3 September 1999, OSSA T_ (Applicant) was found guilty at Commanding Officer's nonjudicial punishment of unauthorized absence.  On 9 November 1999, he was found guilty at Commanding Officer's nonjudicial punishment of three specifications of failure to go to appointed place of duty.  Lastly on 7 December 1999, OSSA T_ (Applicant) was found guilty of unauthorized absence and five specifications of willfully disobeying a lawful order for which he was awarded thirty days correctional custody.  OSSA T_ (Applicant)'s continued misconduct indicates he does not have potential for further naval sevice, and he waived his right to an administrative board.  Accordingly, I recommended that OSSA T_ (Applicant) be discharged from the naval service for commission of a serious offense with a characterization of Other Than Honorable."

000113:	COMCRUDESGRU TWELVE 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 000123 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 Applicant introduced no decisional issues for consideration by the Board.  Relief denied.

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 additional documentation to support any claims of post-service accomplishments 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 18, effective 
12 Dec 97 until 29 March 2000, Article 1910-142  [formerly 3630605]. SEPARATION 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