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

ex-SR, USN
Docket No. ND01-00125

Applicant’s Request

The application for discharge review, received 001107, 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 010503.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety but did discern inequity in the characterization of the applicant’s service.  The Board’s vote was three for a full honorable discharge and two for a general discharge.  The discharge shall change to:  HONORABLE /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 (verbatim)

1.  Hello, I respectfully submit the following information on behalf of my personal, and professional character in great hope that consideration may be given for a review of my military discharge.  I served aboard the USS Juneau lpd#10, between these dates - Nov. 1982 and April 1986.  Prior to my early discharge I was a 3.8 sailor on average, and worked hard as a young man. However, I do concede and take full responsibility for my errors.  I had twice faced conduct unbecoming a service member to the best of my knowledge.  When I worked hard, I was above average in my performance.  When I made a mistake, I found it very difficult to over come because of childhood experience.  Therefore, I was unable to overcome these mistakes when my father had his heart attack and I took it upon myself to be by his side.  As I did at the time when my then girlfriend had a daughter who became ill, and I felt obligated to be with her in her time of need.
I realize that there are no excuses for this past behavior, and over the years I have repeatedly tried to redeem myself in the eyes of society.  This has been a chapter in my life that has haunted me, and I have since become the person I've always strived to be.  I worked hard to become a Police Officer, and in 1990 it came to pass.  Over the years I continually worked with the community, created, and held awareness classes for victims of crime.  I had always felt that a Police Officer should become more involved, therefore one should be pro-active rather than reactive to the needs of the community. I worked to develop a Police Cadet program affiliated with the Boy Scouts of America, and served as the Advisor and Associate Advisor for many years.  In addition I educated myself to further the programs within our agency to develop other programs such as Crime Prevention, Police Mounted Bicycle Patrol, and in assisting with job placement for area juveniles.  I am now currently serving my community by still performing my job as a Police Officer, and that of a Drug & Gangs Crime Suppression Unit. I understand that it is not the position of your committee, or review board to have compassion over my past error.  However, I respectfully request for your approval, and consideration for an upgrade to my military discharge from the US Navy that was classified as "Other Than Honorable Conditions." (please see DD form #214 attached) I have submitted supporting documentation of my work ethic, and character.  In recent years I've received approximately fifty various awards, two valor ribbons, and the community had written a proclamation on behalf of my leadership and life saving efforts during a residential structure fire that also resulted in an explosion but not before the families involved were all brought to safety and out of harms way.  (please see news paper articles) With great sincerity, I hope I've been able to provide all the information necessary for this consideration of an upgrade.  I can also provide at your request, the names, addresses and phone numbers of several character references if need be. Reflecting back fourteen years I realize that I can not change the ignorance of my behavior, which has served as a constant reminder to me that I will strive to always be the best I can today and tomorrow.  I believe it has made me a better person, and it has made a positive impact my family and that of my young children.  I hope this consideration does not fall upon deaf ears, and can understand that young men do make mistakes, but it's how we react, learn, and become an intricate part of our society that can make the difference in many lives.

I wish I could have been a leader then, but I had not yet learned what it took to be one.  I wish to thank you for this consideration and hope that I've provided all that is required for this review.

(please see supporting documentation attached)

Respectfully Submitted,

Documentation

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

Copy of DD Form 214
DD Form 149
Copy of certificate for Law Enforcement Officer dated September 13, 1990
Copy of Aerosol training card, Edgewood Investigations Inc card, social security card, Gang Unit Officer card, Boys Scouts of America Associate Advisor card, driver's license, firearm owner's identification card
Copy of commendation dated September 22, 1997
Copy of picture and invitation to sheriff's law enforcement awards ceremony
Copy of memo re: nomination for departmental valor award dated September 10, 1997
Copy of supplementary investigation report dated September 5, 1997
Copy of picture of local heroes
Newspaper article dated September 25, 1997
Thank you letter 
Newspaper article dated September 11, 1997
Newspaper article, undated
Letter from Director of Community Services, undated
Letter to applicant from Cook County Commissioner dated October 22, 1998
Letter of congratulations dated October 16, 1998
Letter to applicant from Sheriff of Cook County dated August 31, 1998
Two copies of pictures
Copy of newspaper article
Copy of two newspapers articles
Copy of picture
Copy of pictures and newspaper article
Copy of thank you letter to Chief of police re: applicant dated April 18, 1997
Thank you letter to applicant dated November 28, 1997
Copy of citation of recognition dated February 26, 1997
Copy of letter re: awards nomination dated November 27, 1996
Copy of citation of honor dated August 22, 1996
Copy of letter to applicant from Chief of Police dated June 25, 1996
Copy of Silver Star Award dated January 10, 1993
Letter to applicant from Chief of Police dated January 11, 1993
Copy of Honorable Citation dated October 26, 1992
Copy of Citation for Honor dated September 25, 1996
Copy of Silver Star Award dated October 27, 1992
Copy of Certificate of Appreciation dated March 20, 1992
Copy of thank you letter from principal of Oakwood School dated March 23, 1992
Copy of personal note dated November 11, 1992 and two articles re applicant
Copy of Certificate of Achievement dated August 1, 1994
Copy of Honorable Mention dated January 14, 1994
Thank you letter from Director of Re-Creation dated November 13, 1992
Letter to Chief of Police re: applicant dated August 9, 1993, July 24, 1996
Copy of thank you letter re: applicant dated December 8, 1997
Copy of Certificate of Achievement dated December 5, 1997
Copy of certificate of completion for first line supervisory specialist program dated December 1, 1997 to December 5, 1997
Copy of Certificate of Achievement dated June 13, 1997
Copy of certificate of completion for crime prevention officer program dated June 9, 1997 to June 13, 1997
Copy of Certificate of Achievement dated April 14, 1997
Copy of Certificate of Achievement dated January 15, 1997
Copy of Certificate of Achievement dated September 12, 1997
Copy of Certificate of Achievement dated December 15, 1997
Copy of Certificate of Achievement dated April 16, 1997
Copy of certificate of completion dated April 16, 1997
Copy of Certificate of Achievement dated January 12, 1996
Copy of certificate of completion for breath analysis for alcohol training dated January 9, 1996 to January 12, 1996
Copies of license, permit, certification, registration for breath analyzer operator dated January 1997, January 1996
Copy of training certificate dated January 12, 1996
Copy of Certificate of Achievement dated February 17, 1995
Copy of Certificate of Achievement dated January 20, 1995
Copy of certificate of completion for field training officer's program dated February 13, 1995 to February 17, 1995
Copy of Certificate of Achievement dated October 13, 1993
Copy of newspaper picture with caption dated July 16, 1997
Copy of newspaper article with picture dated August 20, 1993
Copy of certificate of completion for basic juvenile officers training dated May 18, 1992 to May 22, 1992
Copy of Certificate of Achievement dated October 7, 1991
Copy of Certificate of Training dated June 5, 1992
Copy of certificate of completion for second division vehicle overweight enforcement dated June 1, 1992 to June 5, 1992
Copy of Certificate of Achievement dated June 5, 1992
Copy of Certificate of Achievement dated February 8, 1995
Copy of Certificate of Training dated April 24, 1997
Copy of certificate of completion for hazardous materials first responder awareness training course dated December 13, 1990

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: None

Period of Service Under Review:

Date of Enlistment:  821112		Date of Discharge:  860314

Length of Service (years, months, days):

	Active:    03  04  03
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  19

Highest Rate:  SA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.05 (4)	Behavior:  3.00 (4)		OTA:  3.15

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR (2)

Days of Unauthorized Absence:  54 

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:

840613:	Applicant declared a deserter.

840703:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0800, 13May84 to 1348, 16Jun84 (34 days/surrendered), violation of UCMJ, Article 87: Missing ship's movement.
	Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 30 days, reduction to SR.  Reduction suspended for 6 months. No indication of appeal in the record.

851217:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 18Nov85 to 0645, 9Dec85 (20 days/surrendered).
	Award: Forfeiture of $310 per month for 1 month, restriction and extra duty for 45 days, reduction to SR.  Forfeiture and reduction suspended for 6 months.  No indication of appeal in the record.

851217:	Retention Warning from USS JUNEAU (LPD 10):  Advised of deficiency (Unauthorized absence 0700, 18Nov85 to 0645, 9Dec85.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

851230:	NJP for violation of UCMJ, Article 134: Breaking restriction on 24Dec85.
	Award: Bread and water for 3 days.  No indication of appeal in the record.

860201:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of frequent involvement of a discreditable nature with civil or military authorities. 

860225:	Vacate suspended forfeiture of $310 per month for 1 month and reduction to SR awarded at CO's NJP of 17Dec85 due to continued misconduct.

860225:	NJP for violation of UCMJ, Article 92: Dereliction of duty on 14Feb86.
	Award: Forfeiture of $315 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

860226:	USS JUNEAU (LPD 10) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of frequent involvement of a discreditable nature with civil or military authorities.

860227:	Applicant advised of his 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.

860306:	CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of 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 860314 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 but not equitable (C and D).

In response to the applicant’s issue, the Board conducted a full review of all service including the infractions of discipline, the extent thereof, and the seriousness of the offenses.  The Board determined that the applicant’s generally acceptable personal conduct and performance of duty, when combined with his excellent post-service conduct, mitigated his misconduct.  Accordingly, the Board voted to grant relief in the form of an upgrade of characterization of service to fully honorable.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560, Change 10/85, effective 
16 Dec 85 until 05 Oct 86), 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