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

 ex-SA, USN
Docket No. ND00-00682

Applicant’s Request

The application for discharge review, received 000503, 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 001102.  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 – frequent involvement of a discreditable nature with civil or military authorities, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  My discharge on July 6, 1985 was at the time neither inequitable nor improper.  I had been disobedient and failed to comply with the Navy's Code of Discipline on more than one occasion.  However, since my discharge, I have proven myself to be an honorable and trustworthy citizen.  Since my discharge, I have not only raised two daughters and maintained a stable home environment, I have also graduated from a two-year college and will in three semesters graduate from the University of Alabama with a degree in Elementary Education.  While there remains no justification for my actions as an 18 year old delinquent child, I have now developed into a well-educated, trustworthy, dependable and hard-working mother & wife.   I hope you will consider the changes in my behavior and my accomplishments in the years since my discharge in making your determination and will rule favorably on my request.

Documentation

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

Letter from the University of Alabama dated February 18, 2000
Official Academic Transcript dated September 10, 1999
Character reference dated September 28, 1999
Letter from Central Church of Christ minister and elders
Character reference dated September 26, 1999

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	830909 - 830922	COG

Period of Service Under Review:

Date of Enlistment:  830923		Date of Discharge:  850710

Length of Service (years, months, days):

	Active:    01  09  18
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  44

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.70 (2)	Behavior:  2.60 (2)		OTA:  3.60

Military Decorations:  None

Unit/Campaign/Service Awards:  NER 

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern – frequent involvement of a discreditable nature with civil or military authorities, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

840614:	Applicant evaluated as a drug or alcohol abuser.  Level I treatment.

840614:	Retention Warning from Naval Submarine Support Facility New London, Groton, CT:  Advised of deficiency (Alcohol abuse resulting in misconduct, patterns of misconduct.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

840624:	NJP for violation of UCMJ, Article 128: Assault, violation of UCMJ Article 134: Drunk and disorderly.
	Award: Forfeiture of $200 per month for 2 months, extra duty for 30 days.  No indication of appeal in the record.

850523:	NJP for violation of UCMJ, Article 89: Disrespectful in language toward LTJG, by saying to her "if you try to take blood from me I'll kick you in the God damn face, ok ma'am why don't your get the fuck out of here", "fuck you sir", and "you can fuck my mother", violation of UCMJ, Article 91 (4 specs): (1) Disrespectful in language towards her superior officers on 2130, 18May85, by saying to them, "fat fucking pigs", "mother fuckers", "fucking jerks", (2) Assault a petty officer on 2130, 18May85, by kicking him in the groin and shins, scratching his face and hands, and biting him on the arm, (3) Assault a superior petty officer on 2130, 18May85, by kicking him in the shins, (4) Assault a superior petty officer on 2130, 18May85, by kicking him in the shins, violation of UCMJ, Article 95: Resist being apprehended by persons authorized to apprehend the accused on 0200, 19May85, violation of UCMJ, Article 134 (2 specs): (1) Drunk and disorderly on 0200, 19May85, (2) Wrongfully communicate a threat to injure by saying "I'm going to fuck you guys up", "I'm still going to get you" on 0200, 19May85.
	Award: Forfeiture of $300 per month for 2 months, restriction and extra duty for 45 days, reduction to SA.  No indication of appeal in the record.

850529:	Naval Submarine Support Facility New London notified applicant of intended recommendation for discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure, misconduct due to commission of a serious offense and misconduct due to misconduct- pattern – frequent involvement of a discreditable nature with civil or military authorities.

850529:	Applicant advised of her 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.

850612:	Commanding officer recommended discharge under other than honorable conditions by reason of alcohol abuse rehabilitation failure, misconduct due to commission of a serious offense and misconduct due to misconduct – pattern - frequent involvement of a discreditable nature with civil or military authorities. 

850628:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct - pattern – frequent involvement of a discreditable nature with civil or military authorities.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 850710 under other than honorable conditions for misconduct pattern frequent involvement of a discreditable nature with civil or military authorities (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 NDRB is authorized to consider post-service factors in the re characterization of a discharge.  The applicant must be aware that there is no law or regulation which provides that an unfavorable discharge may be upgraded based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the service.  Normally, to permit relief, an error or injustice must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, to the extent that such matters provide a basis for a more thorough understanding of the applicant’s performance and conduct during the period of service under review, may be considered by the NDRB.  

The NDRB found that despite the applicant’s commendable accomplishments, her Other Than Honorable discharge most accurately characterized her service.  Relief is not warranted.  

The Board noted that a letter was sent to the applicant on 10 May 2000, advising her that she was very close to the 15 year limit and encouraged her to make a personal appearance.  The applicant did not respond.  

Pertinent Regulation/Law (at time of discharge)

A.  Navy Military Personnel Manual, (NAVPERS 15560, Change 10/84, effective 
17 Sep 84 until 15 Dec 85), Article 3630600, SEPARATION OF ENLISTED MEMBERS 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