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

 ex-RM2, USN
Docket No. ND00-00372

Applicant’s Request

The application for discharge review, received 000201, 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 000824.  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.

The NDRB did note an administrative error on the original DD Form 214.  Block 18, Remarks should read:  “CONTINUOS HONORABLE ACTIVE SERVICE FROM 870513 UNTIL 910411”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)
 
1.  I am submitting this statement to change the character of my discharge to Honorable.  It's been two years and seven months since serving ten years in the United States Navy.  I feel I have long paid my dues to the military and to society for the things I have done while serving my country and discrediting the Navy for my behavior. I performed at the time I was on active duty.  I have lots of regrets and being discharged is the biggest of them all.  I would only have seven years and some months left before I'd be retiring.  The Navy was my life, love and not being there today I feel my knowledge and experience is missed and could be beneficial to everyone.  There are lots of jobs out in the civilian world today that I could be applying my experience to but it's difficult because no one wants to accept me because of my discharge.  There government jobs that I see on a regular basis that deal with telecommunications that I would love to be involved with.  I would be more than greatful if the decision would be reconsidered and given a higher rating.  I really miss being in the Navy and if I could be there now, I would be there doing what I did best and that is serving my country and being the best telecommunication specialist the Navy could have.  Again your consideration will be greatly appreciated.  Thank you very much.

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 		870513 - 910411	HON
	Inactive: USNR (DEP)	870321 - 870512	COG

Period of Service Under Review:

Date of Enlistment:  910412		Date of Discharge:  970611

Length of Service (years, months, days):

	Active:    06  02  00
	Inactive:  None

Age at Entry:  23			Years Contracted:  6 (12 months extension)

Education Level:  12			AFQT:  24

Highest Rate:  RM2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.90 (4)	Behavior:  3.65 (4)		OTA:  3.85	4.0 evals
Performance:  3.00 (1)	Behavior:  3.00 (1)		OTA:  3.14	5.0 eval

Military Decorations:  None

Unit/Campaign/Service Awards:  BER (2), GCM, SSDR (2), NDSM

Days of Unauthorized Absence:  22 

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:

920320:	NJP for violation of UCMJ, Article 86:Absence without leave on 17Mar92, violation of UCMJ Article 107: False official statements on 17Mar92.
	Award:  Forfeiture of $200 per month for 1 month, restriction and extra duty for 15 days, reduction to RMSN, oral admonition.  Reduction suspended for 3 months.  No indication of appeal in the record.

931118:	Civil Conviction: Municipal Court of San Diego, CA for violation of driving a vehicle under the influence of alcohol, drugs or combination on 5Nov93.
Sentence:  Fine $1100.00, driver's license restricted for 90 days, complete personal responsibility and values education and training (PREVENT) course and show proof of completion to court on 27 April 1994 and probation for 5 years.

940705:	Retention Warning: Advised of deficiency (Financial irresponsibility due to your failure to comply with the Navy Exchange Home Layaway Plan payment agreement.) notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

960329:	NJP for violation of UCMJ, Article 123a: At NEX San Diego on 29, 30, 31 Oct 95 with intent to defraud and for the procurement of lawful currency wrongfully and unlawfully make and deliver to NEX San Diego, certain checks upon the Navy Federal Credit Union in words and figures as follows, to wit: three checks for $100.00, then knowing that he did not have sufficient funds for payment of checks.
	Award:  Extra duty for 30 days, reduction to RM2.  Reduction suspended for 6 months.  No indication of appeal in the record.

970305:	Applicant apprehended by San Diego police department for battery without injury, preventing a witness from reporting a crime at 2300, 5Mar97.

970328:	Applicant released from civil confinement and delivered to San Diego County Shore Patrol on 0910, 28Mar97.
 
970417:	NJP for violation of UCMJ, Article 86: Unauthorized absence 2300, 5Mar97 to 0910, 28Mar97 (22 days).
	Award:  Forfeiture of $697 per month for 1 month, restriction and extra duty for 30 days, reduction to RM3.  Reduction suspended for 6 months.  No indication of appeal in the record.

970502:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense, misconduct due to a pattern of misconduct and misconduct due to civil conviction.

970502:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

970505:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense, misconduct due to a pattern of misconduct and misconduct due to civil conviction. 

970603:	Commander, Naval Base San Diego, CA 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 970611 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).

The applicant states that he would like to get a “government job.”  The Board has no obligation to change the applicant’s discharge in order to allow him to obtain better employment.  No relief will be granted based on this issue.

In addition, the applicant states that he has “long paid” his “dues to the military.”  The Board finds that 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.  The Board reviews the propriety (did the USN/USMC follow its own rules in processing the applicant for discharge) and equity (did the applicant receive a discharge characterization in keeping with the USN/USMC guidance or was the characterization typical of other service members being separated for the same reason) of each applicant’s discharge.  Finally, the Board is authorized to consider post-service factors in the recharacterization of a discharge (what has the applicant done since discharge to become a contributing member of his community and to society in general).  The discharge characterization was proper and equitable as given.  In addition, the applicant has not provided any documentation of good character and conduct.  Therefore no relief will be granted.  

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C, Change 14, effective 03 Oct 96 until 11 Dec 97), Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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