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

 ex-DCFN, USN
Docket No. ND99-01046

Applicant’s Request

The application for discharge review, received 990728, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The applicant requested a personal appearance hearing before a traveling panel closest to Orlando, FL.  The applicant did not list any representative on the DD Form 293.  In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000417.  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.  Discharged in absentia,

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I have been out of the Navy for 9 year and would like to have my discharge change from an other than Honorable to a General Discharge.

Documentation

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

Copy of DD Form 214 (Member 1)
Four pages from applicant's service record

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	870324 - 870713	COG

Period of Service Under Review:

Date of Enlistment:  870714		Date of Discharge:  900810

Length of Service (years, months, days):

	Active:    03  00  27
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  26

Highest Rate:  DC3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.60 (1)	Behavior:  3.60 (1)		OTA:  3.60

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  97 

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

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

Chronological Listing of Significant Service Events:

890417:	Applicant to unauthorized absence 0630, 17Apr89.

890419:	Applicant from unauthorized absence 0630, 19Apr89 (2 days/surrendered),

891104:	NJP for violation of UCMJ, Article 86 (2 specs): (1) Absent from appointed place of duty on 13Aug89, (2) Unauthorized absence from 0730, 21Oct89 to 0630, 23Oct89 (1 days/surrendered).
	Award:  Forfeiture of $100 per month for 2 months, restriction and extra duty for 14 days.  Forfeiture suspended for 4 months.  No indication of appeal in the record.

891104:	Retention Warning from USS JOHN F. KENNEDY (CV 67): Advised of deficiency (Unauthorized absence from 21Oct89 until 23Oct89, absent from appointed place of duty on 13Aug89.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

891207:	NJP for violation of UCMJ, Article 86 (3 specs): (1) Unauthorized absence from 0630, 13Sep89 to 0630, 15Sep89 (2 days/surrendered), (2) Absent from appointed place of duty on 6Nov89, (3) Unauthorized absence from 0630, 27Nov89 to 0630, 30Nov89 (3 days/surrendered).
	Award:  Forfeiture of $100 per month for 2 months, restriction and extra duty for 20 days.  No indication of appeal in the record.

900208:	NJP for violation of UCMJ, Article 86 (2 specs): Unauthorized absence 0730-1030, 21Jan90, (2) Unauthorized absence on 10, 17, 23, 24 Dec89 from restricted men's muster.
	Award:  Restriction and extra duty for 30 days, reduction to DCFN.  Reduction suspended for 3 months.  No indication of appeal in the record.

900504:	NJP for violation of UCMJ, Article 86 (4 specs): (1) Unauthorized absence 0630, 16Apr90 to 1330, 17Apr90 (1 day/surrendered), (2) Unauthorized absence 1500, 5Apr90 to 0630, 6Apr90, (3) Unauthorized absence 0630, 3Apr90 to 0630, 4Apr90 (1 day), (4) Unauthorized absence 0630, 21Mar90 to 0900, 22Mar90 (1 day/surrendered).
	Award:  Confinement of bread and water for 3 days.  No indication of appeal in the record.

900511:	USS JOHN F. KENNEDY (CV 67) 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 all punishments under the UCMJ in your current enlistment.

900511:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

900516:	Applicant to unauthorized absence 0603, 16May90.

900606:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. 

900611:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.  Discharged in absentia (900810).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 900810 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).

In response to the applicant’s issue 1, there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service.  However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D).  Those factors include, but are not limited to, the following:  evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct.  At this time, the applicant has not provided any documentation of good character and conduct.  Therefore no relief will be granted.  The applicant is encouraged to continue with his pursuits and is reminded that he is eligible for a personal appearance hearing provided the application is received within 15-years from the date of discharge.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A, Change 8 effective 21 Aug 89 until 14 Aug 91), Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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 [e.g., 86, for unauthorized absence for a period in excess of 30 days] 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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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
		Washington Navy Yard
		720 Kennon St SE Rm 309
		Washington, D.C.  20374-5023