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

ex-AZAA, USN
Docket No. ND00-00108

Applicant’s Request

The application for discharge review, received 991028, 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 000727.  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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My undesirable discharge was inequitable because it was based on incidents that happend during a isolated period of time.  My prior military service was documented to be above average.

2.  Since my undesirable discharge I've become a successful professional.  I have also become a part owner in a family business.

3.  My dedication to the Navy was 100% with the exception of this isolated time frame where I was young, immature and simply made bad decisions.  I have since learned alot of responsibility and learned to think before I react on my decisions.

4.  I feel that the service time that I served above average and my success after my departure from the US Navy should over compensate for the Short period of time that was below the standards of a US Navy Sailor.

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   USN 		880921 - 920813	HON
	Inactive: USNR (DEP)	880127 - 880920	COG

Period of Service Under Review:

Date of Enlistment:  920814		Date of Discharge:  941219

Length of Service (years, months, days):

	Active:    02  04  06
	Inactive:  None

Age at Entry:  22			Years Contracted:  3

Education Level:  12			AFQT:  65

Highest Rate:  AZ3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.507(6)	Behavior:  3.47 (6)		OTA:  3.67

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR (4), BER, SASM with Bronze Star

Days of Unauthorized Absence:  None 

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

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

Chronological Listing of Significant Service Events:

930908:	NJP for violation of UCMJ, Article 111: Drunk driving.
	Award:  Forfeiture of $607 per month for 2 months, restriction and extra duty for 45 days, reduction to AZAN.  Restriction and reduction suspended for 6 months.  No indication of appeal in the record.

930909:	Retention Warning from Tactical Electronic Warfare Squadron One Three Six: Advised of deficiency (Alcohol abuse.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

931101:	Vacate suspended reduction to AZAN awarded at CO's NJP dated 8Sep93 due to continued misconduct.

931102:	NJP for violation of UCMJ, Article 134: Disorderly conduct, drunkenness.
	Award:  Forfeiture of $541 per month for 1 month, restriction for 60 days, reduction to AZAA.  Reduction suspended for 6 months.  No indication of appeal in the record.

931102:	Retention Warning from Tactical Electronic Warfare Squadron One Three Six: Advised of deficiency (Alcohol abuse and disorderly conduct.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

931125:	Vacate suspended reduction to AZAA awarded at CO's NJP dated 2Nov93 due to continued misconduct.

931125:	NJP for violation of UCMJ, Article 92: Fail to obey a lawful order.
	Award:  Forfeiture of $456 per month for 1 month, bread and water for 3 days, reduction to AZAR.  Reduction suspended for 3 months.  No indication of appeal in the record.

940121:	Retention Warning from Tactical Electronic Warfare Squadron One Three Six: Advised of deficiency (Failure to pay just debts.  Writing checks on an account with insufficient funds (bad checks).  Indebtedness.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
941107:	NJP for violation of UCMJ, Article 90: Disobeying an officer, violation of UCMJ Article 92: Failure to obey orders or regulations.
	Award:  Forfeiture of $533 per month for 2 months, restriction and extra duty for 30 days, reduction to AZAA.  Forfeiture and reduction suspended for 6 months.  No indication of appeal in the record.

941108:	Tactical Electronic Warfare Squadron One Three Six notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct as evidenced by all punishments under the Uniform Code of Military Justice (UCMJ) during your current enlistment.

941108:  	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.

941110:	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.

941129:	BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT
 REGULATION/LAW

Discussion

The applicant was discharged on 941219 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 issue 1, the applicant states that his “undesirable discharge was inequitable because it was based on incidents that happened during a isolated period of time”.  The Board found that the applicant received non-judicial punishment  in September 1993, November 1993, and November 1994.  This is not an isolated period of time.  Relief will not be granted on the basis of this issue.

In issue 3, the applicant states that he “was young, immature and simply made bad decisions”.  The Board found that the applicant's age, education level, and test scores qualified him for enlistment.  While he may feel that his immaturity was a factor that contributed to his action, the record clearly reflects his willful disregard for the requirements of military discipline and demonstrated that he was unfit for further service.  The record is devoid of evidence that the applicant was not responsible for his conduct or that he should not be held accountable for his actions.

In response to applicant’s issues 2 and 4, 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.  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), and certification of non-involvement with civil authorities (police records check) 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 15560C, Change 9, effective 
22 Jul 94 until 02 Oct 96), 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 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