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

ex-SR, USN
Docket No. ND01-00318

Applicant’s Request

The application for discharge review, received 010122, requested that the characterization of service on the discharge be changed to honorable or general/under honorable conditions.  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 010629.  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.  See attached letter.

Documentation

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

Character/Reference Letter from Applicant's Wife
Character/Reference Letter from Mother in Law
Character/Reference Letter from Rev J. D. W____
Letter from Applicant (2pgs)
Letter from National Personnel Record Center
Copy of DD Form 214
Copy of Enlisted Classification Record
Copy of G.I. Bill Contract
Copy of Navy Occupation/Training and Award History Documents (3pgs)
Copy of History of Assignments Document
Copy of Administrative Remarks (Electrical Safety Indoctrination Lecture)
Letter from Applicant (2pgs)

PART II - SUMMARY OF SERVICE

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

	Active:   USN			None
	Inactive: USNR (DEP)	None

Period of Service Under Review:

Date of Enlistment:  890830		Date of Discharge:  901128

Length of Service (years, months, days):

	Active:    01  01  02
	Inactive:  00  01  23

Age at Entry:  18			Years Contracted:  8

Education Level:  12			AFQT:  33

Highest Rate:  SR

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.80 (1)	Behavior:  2.80 (1)		OTA:  2.80

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  3 

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:

891023:	Ordered to active duty for 36 months under the Active Mariner program.

900613:	NJP for violation of UCMJ, Article 128: Assault consummated by a battery to wit: unlawfully strike SA M_____ in the eye with his fist.
	Award:  Forfeiture of $250.00 per month for 2 months, no civilian clothes for 2 months.  No indication of appeal in the record.

900803:	NJP for violation of UCMJ, Article 86: UA from 0630-0800, 900803.
Award:  Forfeiture of $100.00 per month for 1 month, restriction and extra duty for 15 days.  No indication of appeal in the record.

900926:	NJP for violation of UCMJ, Article 86: UA from 0715, 900918 to 0923, 900922 [3days/S].
Award:  Confinement on B&W for 3 days, forfeiture of $250.00 per month for 2 months.  No indication of appeal in the record.

900928:	Retention Warning from [USS BARBOUR COUNTY (LST-1195)]:  Advised of deficiency (You violated UCMJ, Article 86 by absenting yourself without authority from USS BARBOUR COUNTY (LST-1195)], notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

901019:	NJP for violation of UCMJ, Article 86: UA from 0700, 901006 to 0455, 901017.
Award:  Forfeiture of $300.00 per month for 1 month, restriction and extra duty for 30 days.  No indication of appeal in the record.

901104:	[USS BARBOUR COUNTY (LST-1195)] notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to a commission of a serious offense.

901104:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

901116:	Commanding officer recommended discharge under other than honorable conditions by reason of convenience of the government and misconduct due to pattern of misconduct and misconduct due to commission of a serious offense.

901127:	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 901128 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 no decisional issues in the applicant’s latter.  The Board found that the applicant’s age, education level, and test scores qualified him for enlistment.  While he may feel 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.  Relief is not warranted.

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 documentary evidence to demonstrate his sobriety, positive community service, employment history, educational pursuits, and clean police record.  Relief is not warranted.

The applicant 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 recommended

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A, Change 8 effective 21 Aug 89 until 14 Aug 91), Article 3630600, SEPARATION OF ENLISTED PERSONNEL 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 “afls10.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