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

 ex-SR, USN
Docket No. ND01-00898

Applicant’s Request

The application for discharge review, received 010703, 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 020110.  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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issue (verbatim)

1.  As previous application I believe my discharge was misunderstanding by superiors due to colleagues and was unfair and misunderstanding to myself and I request Honorable, was never seen any paperwork for pattern of misconduct, until discharged, discharge copy only.

Please see supporting documents.

Documentation

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

Copy of DD Form 214
Letter of Commendation, undated (2 copies)
Letter re: Junior Sailor of the Quarter dated May 6, 1993 (2 copies)
Letter from Commanding Officer dated June 1, 1994 (2 copies)
Letter from Board for Correction of Naval Records
Copy of DD Form 149

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	920110 - 920817	COG

Period of Service Under Review:

Date of Enlistment:  920818		Date of Discharge:  950815

Length of Service (years, months, days):

	Active:    02  11  28
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  35

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.13 (3)	Behavior:  3.13 (3)		OTA:  3.47

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SASM w/Bronze Star, AFEM, SSDR

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

940604:	NJP for violation of UCMJ, Article 86: Absent without leave.
	Award: Extra duty for 14 days.  No indication of appeal in the record.

940604:	7 days charged as leave.

941123:	NJP for violation of UCMJ, Article 86: Absence without leave, violation of UCMJ, Article 92 (2 specs): (1) Failure to obey order or regulation, (2) Dereliction of duty, violation of UCMJ, Article 112: Drunk on duty.
	Award: Forfeiture of $500 per month for 2 months, restriction and extra duty for 45 days, reduction to SA.  No indication of appeal in the record.

941123:	Retention Warning from USS OGDEN:  Advised of deficiency (Absence without leave, failure to obey order or regulation, dereliction of duty, and drunk on duty.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.  [Extracted from CO's message dated 11Jul95.]

950201:	NJP for violation of UCMJ, Article 86: Absence without leave.
	Award: Forfeiture of $300 per month for 1 month, extra duty for 15 days.  No indication of appeal in the record.

950627:	NJP for violation of UCMJ, Article 86: Absence without leave.
	Award: Forfeiture of $300 per month for 1 month, restriction and extra duty for 45 days, reduction to SR.  No indication of appeal in the record.

950629:	USS OGDEN notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by number of Commanding Officer's nonjudicial punishments.  [Extracted from CO's message dated 11Jul95.]

950629:  	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.  [Extracted from CO's message dated 11Jul95.]

950711:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.
 
950807:	BUPERS 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 950815 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 applicant states, verbatim:  “As previous application I believe my discharge was misunderstanding by superiors due to colleagues and was unfair and misunderstanding to myself and I request Honorable, was never seen any paperwork for pattern of misconduct, until discharged, discharge copy only.”  The records show that the applicant was given opportunities to correct his behavior and he failed to comply with counseling.  Further, the record shows the applicant was afforded his due process throughout the discharge proceedings.  He was properly notified by his Commanding Officer that he was recommended for discharge under Other Than Honorable conditions by reason of misconduct due to a pattern of misconduct.  The discharge was proper and equitable.  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, and clean police record.  Relief is not warranted.

The applicant remains 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 15560C, Change 9, effective 
22 Jul 94 until 02 Oct 96), 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