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

 
ex-MSSR, USN
Docket No. ND01-00011

Applicant’s Request

The application for discharge review, received 001004, 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 010301.  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

1.  I feel I rated my dues.  It's been a long time.  I do regret in what I did.  I always say if I never had got in trouble I would have made a career of it. I know what I did was senseless and stupid.  Today to this date I preach to my kids the wrongful use of drugs.  It doesn't get you nowhere.

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:   None
	Inactive: USNR (DEP)	840508 - 840820	COG

Period of Service Under Review:

Date of Enlistment:  840821		Date of Discharge:  870317

Length of Service (years, months, days):

	Active:    02  06  27
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  26

Highest Rate:  MSSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.15 (4)	Behavior:  2.20 (4)		OTA:  2.80

Military Decorations:  None

Unit/Campaign/Service Awards:  BER, SSDR

Days of Unauthorized Absence:  21/

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:

840822:	Applicant briefed on Navy's policy on drug and alcohol abuse.

860420:	Applicant to unauthorized absence 0700, 20Apr86.

860428:	Applicant to unauthorized absence 0700, 28Apr86.

860428:	Applicant missed ship's movement.

860508:	Applicant from unauthorized absence 1937, 8May86 (10 days/surrendered).

860520:	Applicant from unauthorized absence 1305, 20May86 (22 days/surrendered)

860530:	NJP for violation of UCMJ, Article 86: Unauthorized absence 0700, 20Apr86 to 1937, 8May86 (18 days/surrendered), violation of UCMJ, Article 87: Missing ship's movement on 28Apr86.
	Award: Forfeiture of $160 per month for 2 months, restriction and extra duty for 28 days, reduction to MSSA.  Reduction suspended for 6 months.  No indication of appeal in the record.

860824:	Retention Warning from USS PENSACOLA (LSD-38):  Advised of deficiency (The recent improvement in the performance of your duties has been noted with pleasure and you have been recommended to take the MS3 exam on 4Sep86.  However, a review of your performance on 6Nov86 will be done by your chain of command to ensure you are still progressing in a satisfactory manner and are still recommended for advancement.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

860923:	Vacate suspended reduction to MSSA due to continued misconduct.

860923:	NJP for violation of UCMJ, Article 86 (3 specs): Unauthorized absence from appointed place of duty, to wit: storerooms, (2) Unauthorized absence 0800, 9Sep86 to 0645, 10Sep86, (3) Unauthorized absence from 0645, 17Sep86 to 0640, 18Sep96, violation of UCMJ, Article 92: Failure to obey lawful order, to wit: not leave the quarterdeck on 9Sep86, violation of UCMJ, Article 117: Provoking speeches or gestures on 10Sep86.
	Award: Restriction and extra duty for 10 days, reduction to MSSR.  No indication of appeal in the record.

860923:	Retention Warning from USS PENSACOLA (LSD-38):  Advised of deficiency (Unauthorized absence, and disrespect to superiors.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

861112:	Retention Warning from USS PENSACOLA (LSD-38):  Advised of deficiency (Disrespect, disobedience of a lawful order.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

861216:	NJP for violation of UCMJ, Article 86:  Unauthorized absence 0430, 29Nov86 to 2200, 2Dec86 (3 days/surrendered), violation of UCMJ, Article 112A: Wrongful use of marijuana on 12Nov86.
	Award:  Forfeiture of $300 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

870120:	USS PENSACOLA (LSD 38) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense, and misconduct due to drug abuse as evidenced by Commanding Officer's non-judicial punishment dated 16 December 1986, 23 September 1986, 03 June 1986, 30 May 1986 and Page 13 counseling and warning forms dated 12 November 1986, 23 September 1986, 24 August 1986.

8701:	Applicant advised of his rights and having consulted 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 and to make a statement.  No statement submitted.

870210:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense, and misconduct due to drug abuse.

870311:	CNMPC 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 870317 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’s issue states:  “I feel I rated my dues.  It's been a long time.  I do regret in what I did.  I always say if I never had got in trouble I would have made a career of it. I know what I did was senseless and stupid.  Today to this date I preach to my kids the wrongful use of drugs.  It doesn't get you nowhere.”  The NDRB found this issue non decisional.  Regret and remorse alone are no basis upon which the Board can grant relief.  Relief is denied.

The NDRB is authorized to consider post-service factors in the re characterization of a discharge.  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 failed to provide any supporting documentation of his sobriety, community service, educational pursuits, or criminal record.  Relief is not warranted. 

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 15560, Change 7/86, effective 15 Dec 86 until 14 Jun 87), 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