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

 ex-CTOSA, USN
Docket No. ND00-00897

Applicant’s Request

The application for discharge review, received 000714, 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 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: OTHER THAN HONORABLE / PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  My record of promotion showed I was a good service member in that I was up to make E-5 very quickly for my rate.

2.  I was immature and understand now that the mistake I had made could have been easily avoided.

3.  The financial problems that I received due to my punishments and my lack of financial experience.

4.  The other than honorable discharge I believe it to be detrimental to my job search.

5.  Stateside duty was much different than the lax duty at Diego Garcia.

6.  I do not want to make excuses for my actions but I cannot afford this discharge while searching for a permanent career outside the military. 

Documentation

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

Copy of DD Form 214

PART II - SUMMARY OF SERVICE

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

	Active:  USN 			None
	Inactive: USNR (DEP)	960917 - 970127	COG

Period of Service Under Review:

Date of Enlistment:  970128		Date of Discharge:  991119

Length of Service (years, months, days):

	Active:  02  09  22
	Inactive:  None

Age at Entry:  22			Years Contracted:  4 (24 months extension)

Education Level:  12			AFQT:  62

Highest Rate:  CTO3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.14 (7)	Behavior:  2.00 (7)		OTA:  2.56  (5.0 scale)

Military Decorations:  None

Unit/Campaign/Service Awards:  NMCOSR 

Days of Unauthorized Absence:  None 

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

OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

Chronological Listing of Significant Service Events:

990323:	NJP for violation of UCMJ, Article 134: Wrongful loan U.S. Armed Forces I.D Card to CTMSN R____ on or about 990109 through 990205.
	Award:  Forfeiture of $250.00 per month for 1 month, reduction in rate (suspended for 6 months).  No indication of appeal in the record.

990426:	NJP for violation of UCMJ, Article 112: Drunk on duty on or about 990403.
	Award:  The suspended reduction in rate awarded at CO's NJP on 990329 is hereby vacated.  No indication of appeal in the record.

990610:	NJP for violation of UCMJ, Article 87:Missing movement by missing the COD flight in Rota, Spain through negligence on or about 990403, violation of UCMJ Article 112: Drunk on duty while on standby for a COD flight in Rota, Spain on or about 990403.
	Award:  Forfeiture of $537.00 per month for 2 months, restriction and extra duty for 30 days.  No indication of appeal in the record.

990610:	Retention Warning:  Advised of deficiency (Misconduct as evidenced by your nonjudicial punishment on 990610 for violation of the UCMJ, Article 87, Missing movement of a COD flight on 990403; and Article 112: Drunk on duty while on standby for a COD flight on or about 990403.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

991027:	NJP for violation of UCMJ, Article 92: Dereliction in the performance of duty by willfully using his Nations Bank  Visa government travel charge card for personal use while not on official travel on (18) occasions.
	Award:  Restriction and extra duty for 30 days, reduction to E-2.  No indication of appeal in the record.

901103:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due commission of a serious offense and misconduct due to a pattern of misconduct.

991103:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

991108:	Commanding officer recommended discharge other than honorable conditions by reason of misconduct due to a pattern of misconduct.  

991117:	Commander, Navy Region, Mid-Atlantic authorized applicant's discharge 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 991119 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 Board found that the applicant went to CO’s NJP on 4 separate occasions during his 2 years and 9 months of service and was therefore discharged for misconduct due to a pattern of misconduct.  

The applicant states in issue 1 that “my record of promotion showed I was a good service member in that I was up to make E-5 very quickly for my rate.”  The Board found that the applicant’s evaluations were below average.  In addition, the applicant’s significant misconduct outweighed any positive aspects of his service.  No relief will be granted based on this issue. 

In response to the applicant’s issue 2, 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.

The applicant cites “financial problems” as a reason for his misconduct.  The Board finds little or no connection between his misconduct and the financial difficulties he refers to:  wrongfully loaning a military ID to a SN, drunk on duty, and missing movement.  The applicant established a clear pattern of misconduct by going to CO’s NJP on 4 separate occasions.  The applicant is responsible for his behavior and must be held accountable for his actions.  Relief is denied based on this issue.

In response to the applicant’s issues 4 and 6, the Board has no obligation to change the applicant’s discharge in order to allow him to obtain better employment. 

Issue 5 is a non decisional issue for the Board.

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 (D).  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 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 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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