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

 ex-DCFN, USN
Docket No. ND00-00285

Applicant’s Request

The application for discharge review, received 991222, 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 000803.  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.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I Believe my discharge should be changed for several reasons.  I have learned
many things since then and would like to be given a second chance to get a good jump on life after the service.  I served my country during Operation Desert Storm proudly for 3 years, 11 months & 3 days.  Exactly 22 days short of my EAOS, only 3 weeks away from my honorable I believe I deserve.  I done everything ever asked of me without question, many of my family served in the military and many still do today.  All I'm asking for is a chance to use things like my G I Bill and other benefits that I would have normally be able to take advantage of.  Since my discharge, I have been employed by a few very good and respectable employers such as Mattel/Fisher Price and more currently the State of California - Dept. of Justice.  I have learned many good working values from them and the training sessions they offered.  I am also working on 2 separate Associate degree's, I is my Associate of Applied Science for Electronics Engineering at ITT Technical Institute in which I hold a 3.85GPA and a flawless attendance record.  I'm also working on an Associate degree at Platt College for an Associate of Graphic Design Art in which I hold a 3.6GPA and a flawless attendance record.  I am involved in many neighbor hood programs and have become a positive role model for my 3 children, which I am raising on my own.  I would like to be able someday to share with my children more than just the 4 ribbons and medals I earned while I was serving my country.  I am currently applying at Sac State University to become a pre-law major with a few minors and I'm also looking to buy a home of my own someday soon.  I believe I should be allowed to take advantage of those post military perks that I spent 4 proud years of my life earning.  I was young and done stupid things, I can now see that but don't believe that the punishment was fair and just.  I have spent the last nearly 10 years regretting that I was only 22 days short of my full 4 years and why, because there was a personality conflict between a young kid from California and an older Warrant Officer form New York.  I just don't believe I deserve to be branded for the rest of my life for something that never even should've been questioned.  All I'm asking for is another chance to prove myself and get all aspects of my life in order and I'd like to start here and now.  Thank you for your time and understanding in this matter and I hope you will derive a favorable decision in this matter.  I wrote several letters to the San Diego Congressman, The Honorable Duncan Hunter and he was quite helpful but to no avail.  Hopefully I will have more luck with you.  Thank you again for your consideration and time.  I anxiously await your response in a matter which will heavily affect the rest of my life and that of my children.

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			None
	Inactive: USNR (DEP)	880629 - 880925	COG

Period of Service Under Review:

Date of Enlistment:  880926		Date of Discharge:  920828

Length of Service (years, months, days):

	Active:    03  11  03
	Inactive:  None

Age at Entry:  17			Years Contracted:  4 

Education Level:  12			AFQT:  38

Highest Rate:  DC3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.42 (7)	Behavior:  3.51 (7)		OTA:  3.48

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, .45 Cal Sharpshooter, M-14 Rifle Sharpshooter, SSDR 

Days of Unauthorized Absence:  None 

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:

890810:	NJP for violation of UCMJ, Article 121: Steal 20 packs of cigarettes of a value of about $35.00 the property of the Navy Exchange.
	Award:  Forfeiture of $200.00 per month for 1 month.  No indication of appeal in the record.

911023:	NJP for violation of UCMJ, Article 92: (2 Specs), Dereliction in the performance of duty on or about 910914.
Award:  Forfeiture of $150.00 per month for 2 months, restriction and extra duty for 15 days, reduction to E-3 (suspended for 6 months).  No indication of appeal in the record.

911023:	Retention Warning from USS KITTY HAWK (CV-63):  Advised of deficiency (Violation of UCMJ, Article 92: (2 Specs), Dereliction in the performance of duty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

920630:	NJP for violation of UCMJ, Article 86: UA from appointed place of duty 920512, violation of UCMJ Article 92(2 Specs), Gundeck PMS 920506 and 920516.
Award:  Forfeiture of $150.00 per month for 2 months, restriction and extra duty for 30 days, reduction to E-3.  No indication of appeal in the record.

920708:	[USS KITTY HAWK (CV-63)] notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense as evidenced by your enlisted service record.

920708:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

920710:	Commanding officer recommended 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.

920808:	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 920828 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 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 (E).  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 to substantiate claims made in his issue or 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, effective 15 Aug 91 until 
04 Mar 93), 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 92, for willful dereliction in the performance of duty, 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