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

 ex-DCFA, USN
Docket No. ND00-00839

Applicant’s Request

The application for discharge review, received 000628, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a documentary record discharge review.  The applicant listed the Veterans Service Bureau, State Department of Veteran Affairs as his representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 010125.  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 – commission of a serious offense, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  (APPLICANT), ENTER THE U. S NAVY, SEPTEMBER 19 1987, AT THE AGES OF 19, NINETEENTH, BORN APRIL 26, 1968, MR (APPLICANT), WAS DISCHARGE ON MARCH, 31, 1993 AT THE AGES OF 25.
I HAVE HEALTH PROBLEMS I STILL HAVE DREAMS ABOUT MY EXPERIENCE CONCERNING THE TRAUMA, WITH NIGHT-MARE, THE SYMPTOMS ALWAYS SEEMED TO CENTER AROUND MEMORIES ENCOUNTERED AS THE RESULT OF THE INCIDENT OF MILITARY SERVICE.  MEDICAL TRY TO GO TO THE V.A. MEDICAL CENTER, BUT WAS DENIED TREATMENT, WITH A BAR FROM MEDICAL ASSISTANCE FROM THE V.A.  MY MILITARY SERVICE WILL SHOW COMBAT HISTORY MY DD #214, DISCHARGE HAVE DECORATION AND MEDAL, COMMENDATION CITATION AWARDS:I RECEIVED THE NATIONAL DEFENSE MEDAL, SEA SERVICE DEPLOYMENT RIBBON, (W/2 BRONZE STARS) NAVY E" RIBBON SOUTHWEST ASIA SERVICE MEDAL (W/2 MORE BRONZE STARS) NAVY UNIT COMMENDATION JOINT MERITORIOUS UNIT AWARDS.

Documentation

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

Copy of DD Form 214
Statement from applicant's representative

PART II - SUMMARY OF SERVICE

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

	Active:   USN			870916 - 910828	HON
	Inactive: USNR (DEP)	870911 - 870915	COG

Period of Service Under Review:

Date of Enlistment:  910829		Date of Discharge:  930331

Length of Service (years, months, days):

	Active:    01  07  03
	Inactive:  None

Age at Entry:  23			Years Contracted:  6

Education Level:  12			AFQT:  24

Highest Rate:  DC3 (SW)

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.60 (2)	Behavior:  3.60 (2)		OTA:  3.80

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SSDR with 2 Bronze Stars, NER, SASM with 2 Bronze Star, NUC, JMU

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – commission of a serious offense, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

910829:	Reenlisted for 6 years at Norfolk, VA.

920404:	Civil Conviction:  violation of driving with a suspended license
Sentence:  Jail 2 days (time served).

921119:	Civil Conviction:  violation of driving under the influence.
Sentence:  Probation for 6 months, fine $482.50 community service for 50 hours, DUI school, and Victim Impact Panel.

921221:	NJP for violation of UCMJ, Article 86: Unauthorized absence 0730, 19Nov92 to 0645, 20Nov92.
	Award: Forfeiture of $100 per month for 2 months, restriction and extra duty for 45 days, reduction to DCFN.  Forfeiture suspended for 6 months.  No indication of appeal in the record.

921222:	Retention Warning:  Advised of deficiency (violation of UCMJ, Article 86.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 
	
930317:	Vacate forfeiture awarded at CO's NJP dated 21Dec92 KLe to continued misconduct.

930317:	NJP for violation of UCMJ, Article 86: Fail to go to duty section muster on 0645 and 1600, 27Feb93 and security watch from 0800 to 1200, 27Feb93, violation of UCMJ Article 91: Disrespect toward a superior petty officer on 5Feb93, violation of UCMJ Article 134: Incapacitated for duty on 27Feb93.
	Award:  Forfeiture of $456 per month for 2 months, restriction and extra duty for 45 days, reduction to DCFA.  No indication of appeal in the record.

930319:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by your two nonjudicial punishments and two civilian convictions and misconduct due to the commission of a serious offense as evidenced by your violations of UCMJ, Article 91: Disrespect toward a superior petty officer and your civil conviction for driving under the influence.

930319:  	Applicant advised of his rights and having elected not to consult having consulted with counsel certified under UCMJ Article 27B, elected to waive all rights.

930322:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to the commission of a serious offense. 

930331:	BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT 
REGULATION/LAW

Discussion

The applicant was discharged on 930331 under other than honorable conditions for misconduct due to commission of a serious offense (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, the Board found that the applicant has a history of substance abuse, alcohol abuse and a problem with authority.  Even though the applicant’s performance evaluation averages were good, the applicant did commit a serious offense by violating UCMJ Article 91 for disrespect toward a superior petty officer and for a civil conviction for driving under the influence.  In addition, the applicant did not submit any documentation of his alleged medical/psychological condition mentioned in his issue.  The Board did not find any, nor did the applicant submit any, reason to change the characterization of discharge.

The following is provided for the applicant’s edification.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge (E).  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 applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.  Representation at personal appearance hearing is highly recommended.

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 – COMMISSION OF A SERIOUS OFFENSE.

B.  Under the Manual for Courts-Martial, a punitive discharge is authorized for violation of the Uniform Code of Military Justice, Article 91, for disrespect toward a superior petty officer, 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