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

 ex-SR, USN
Docket No. ND01-00830

Applicant’s Request

The application for discharge review, received 010605, requested that the characterization of service on the discharge be changed to 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 011214.  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 am requesting a upgrade of my original discharge because I feel I was young and frustrated at the fact that I was being held in the deck department all though I did everything I was told to do in order to strike for another rate and I was denied the chance to do what I wanted to do.  I tried to clean up my act and was doing well for a period of time but after being denied time after time I decided that I would do what I needed to get myself kicked out.  I gave up.  I was recruited in the 10th grade and I feel I was to immature at the time of enlistment.  I have been a model citizen for many years and also I have become a member of the Army National Guard my enlistment will be up in December of 2001 and would like to have another chance to serve in the U.S. Navy once again but with different results.  I will receive a honorable discharge from the ARNG but it would make me a very happy man if my mistakes are forgiven and I am granted my requests.

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:   USN			None
	Inactive: USNR (DEP)	850524 - 850802	COG

Period of Service Under Review:

Date of Enlistment:  850803		Date of Discharge:  880408

Length of Service (years, months, days):

	Active:    02  08  06
	Inactive:  None

Age at Entry:  17			Years Contracted:  4 

Education Level:  09			AFQT:  53

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.25 (4)	Behavior:  2.05 (4)		OTA:  2.70

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR

Days of Unauthorized Absence:  58 

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:

851024:	NJP for violation of UCMJ, Article 86: (2 Specs), Spec 1: Unauthorized absence 851007-851009 (2days/S), Spec 2: Failed to report to USS THORN (DD 988) 851001 at Brooklyn, NY.  Surrendered onboard 851004 (3days/S).
	Award:  Restriction and extra duty for 20 days.  No indication of appeal in the record.

851223:	Applicant declared a deserter on 851218 having been an unauthorized absentee since 0445, 851116 from USS THORN (DD 988).

860116:	NJP for violation of UCMJ, Article 86: Unauthorized absence 0445, 851116 to 860107 (53days/S).
	Award:  Correctional Custody for 30 days, forfeiture of $347.00 per month for 1 month.  No indication of appeal in the record.

870813:	NJP for violation of UCMJ, Article 86: (3 Specs), Fail to go to appointed place of duty.
	Award:  Forfeiture of $100.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.

870911:	Retention Warning from [USS THORN (DD 988)]:  Advised of deficiency (Substandard military conduct with regard to accepting and carrying out directives issues to you by your Leading Petty Officer, Chief Petty Officer, Division Officer, and Department Head.  Substandard performance in following orders and regulations), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

880317:	Retention Warning from [USS THORN (DD 988)]:  Advised of deficiency (Substandard military conduct with regard to accepting and carrying out directives issues to you by your Leading Petty Officer, Chief Petty Officer, Division Officer, and Department Head.  Substandard performance in following orders and regulations), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

880317:	NJP for violation of UCMJ, Article 86: (2 Specs), Unauthorized absence, violation of UCMJ Article 92: Disobey lawful general regulation.
	Award:  Forfeiture of $335.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.

880319:	[USS THORN (DD 988)] notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

880319:  	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.

880322:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. 

880326:	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 880408 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).

Issue 1.  The Board found that the applicant’s age, education level, and test scores qualified him for enlistment. Under other than honorable conditions is warranted when significant negative aspects of a member's conduct or performance of duty outweigh the positive aspects of the member's military record.  The applicant’s service was marred by award of nonjudicial punishment (NJP) for offenses triable by court-martial on four occasions and adverse counseling entries on other occasions.  While he may feel that his immaturity and youth was a factor that contributed to his actions, 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 denied.

He is reminded that he remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of his discharge.  The applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  Legal representation at a personal appearance hearing is highly recommended but not required.  Relief denied.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A, effective 870615 - 890110), 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 “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