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

ex-EOCR, USN
Docket No. ND01-00934

Applicant’s Request

The application for discharge review, received 010713, 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 020130.  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

Issues (verbatim)

1.  I desire to have my discharge upgraded from other than honorable to honorable.  I also desire to have my re-enlistment code changed to enable me to pursue a commission in that air force through the Reserve Officer Training Corps (ROTC) Program.  My issues are further explained in items 7a, document 1

To Whom It May Concern,

I am submitting this request to have my Other Than Honorable discharge and Re-enlistment Code of four changed to Honorable and Re-enlistment Code to one.  In this request, I will attempt to outline and present my military history, professional attributes, personal growth and what I have to offer the career field I will be entering.
I enlisted in the United States Navy in 1990 shortly after completing high school at the age of 17.  After completing basic training, I was assigned to the Naval Mobile Construction Battalion (NMCB) Forty, already deployed at Camp 13 Rorbach, Saudi Arabia.  NMCB Forty was deployed to assist in aid efforts in support of Operation Desert Shield/Storm.  My new command was, at that time, preparing for their return to Port Hueneme, California for its regular scheduled rotation back to home port when I arrived to meet them.  I volunteered to stay behind to assist in further operations in the desert. Our mission requirements dictated that we work 12 hour shifts, 7 days a week.  The operations assigned to me and the command were to aid in the preliminary clean up of the camp and to resolve unfinished projects.  Once operations were completed in the desert, I returned to Port Hueneme, CA and was again directed for deployment to Rota, Spain.  We then spent the next six months abroad to keep overall combat construction readiness in the European region at or above US Navy requirements. Despite my own efforts to improve my personal and professional progression in the military, I experienced some disciplinary problems due to an immature attitude.  On 25 Nov. 1991, 1 was charged with violating Article 91 of the UCMJ.  I attended Captain's mast (Article 15) and was ordered to base restriction, extra duty, forfeiture of $423 for two months, and a reduction in rank.  During the Rota, Spain deployment, I registered in several college courses to help re-focus my priorities.  I continued to keep busy and out of trouble by taking anger management courses and enrolling in a few positive extracurricular activities.  Again, trying to stay within Navy standards and compliance, I still had not fully absorbed the concept of conforming and adapting to the Navy's standards.  On 3 Sept. 1992, 1 violated Article 86 and 92 by failing to report for duty on time and failure to obey a lawful order.  I was ordered to forfeiture of $150 for two months, 30 days restriction, and 30 days extra duty (see military records).
NMCB Forty was once again called upon to aid in the effort in Operation Restore Hope to bring peace and order in Somalia.  We were originally assigned to Camp Covington, Guam USA, but were re-routed to Mogadishu, Somalia.  I volunteered for our command's advanced party.  We were the second command, behind the US Army, to land on African soil.  My command was tasked with the overwhelming responsibility of setting up a runway, equipped to handle enormous amounts of air traffic entering the country.  We stood up operations and worked ten to twelve hour days, seven days per week in other than normal conditions.  I was placed on numerous detachments away from the main body and was well utilized throughout the long, hot tour.
After four months in Africa, we diverted back to our original deployment site in Camp Covington, Guam USA.  I was given more responsibilities and liberties to make decisions.  I worked diligently and kept myself out of trouble throughout this tour.  I was given the opportunity to gain invaluable experience working away from the main body of the command.  The duties assigned to me were very desirable consisting of On-the-Job Training (OJT) in positions which are required for those in my job position.
We returned once again to Port Hueneme, CA and during this homeport stop, on 19 August, 1993, 1 was reprimanded once again.  This time it was for using an electric rice cooker and hot plate in my barracks dormitory.  I attended Captain's mast and was charged with violating Article 86 of the UCMJ.  I was ordered forfeiture of $150 for two months, 30 days restriction, and 30 days extra duty.  Instead of sending me back to my company, I was promptly processed out of the Navy (see military records).
Almost immediately after returning home after my discharge from the Navy, I enrolled myself in college courses.  Since then, I have been an above average student that voluntarily takes on extracurricular responsibilities.  I am only two semesters away from earning a Bachelor's degree in Civil Engineering.  With all of the responsibilities that come along with being a full-time college student, I have also taken on the responsibility of being a full-time father. I have been, for the past years, working towards a Civil Engineering degree from California State University, Fresno; California State University, San Jose; Hartnell College; and Monterey Peninsula College.  Scholastic awards, a character reference from an instructor, and academic counselor are attached (see attachment #'s 2,3, and 4). Being a father, to me, has been a great joy and fulfilling experience.  After my first child was born four years ago, my whole outlook on life and the way I dealt with situations changed.  Now I have to think before I act and not just act on impulse as I used to in my younger years.  Other people depend on me to make the right decision, so in a big way, my family has helped me grow up to be a more responsible, problem solving person.  I now have two children.  Though our family is constantly challenged with demands of everyday life, we still manage to maintain harmony in our home.  A personal goal that I set for myself is to produce a loving, productive family that can posses the intuitiveness to excel in life and be productive citizens of our country.  These attributes I know, will help me to be a more productive citizen and help me to reach the high goals I have set for myself.
Since I started on the restructuring of my future, I set goals for myself.  I was careful not to set a goal too close, to where it was only going to be a mediocre challenge, or that minimal effort would only be required.  The goals I set for myself were to: become an Air Force officer, graduate from college and obtain a masters degree in civil engineering, become a well respected citizen, make my parents proud, be a good father, and raise happy children.  A personal goal that I set for myself is to produce a loving, productive family that can posses the intuitiveness to excel in life and be productive citizens of our country.  Professional goals that I have set for myself are to: put my heart into whatever commitments I take on, treat others as I would want to be treated, learn to be a good follower and leader, set an example for my subordinates, serve my country the best of my abilities. Since the eight years away from the Navy, I believe that I have become a much more matured and developed person.  I am now a 28 year old grown man, that would never think of acting as I did then.  My goals in life are set up high and I will make for certain that I achieve them. I have had numerous experiences dealing with and working with others.  This has enabled me to mature and handle any situation that arose.  While in college, at Monterey Peninsula, CA, I founded a cultural awareness Pacific Islander's Club, where my responsibilities were endless.  I was much respected by my peers and earned the favor of my mentors and instructors.  I also had the opportunity and valuable experience to become a respite worker for a family with four children.  Two of the children were behaviorally challenged and all were wards of the state, awaiting adoption.  I worked with a physically disabled young man with muscular dystrophy for more than one year, training him with the implementation of weights to operate his stricken limbs more effectively and efficiently.  This young man made a lot of needed progress during the short, but greatly valued time in my care for which I enjoyed very much.  Even though we are no longer working together, we still keep in touch. While attending Hartnell College, Salinas, CA, I was an active member of the Society Of Physics Students.  I helped with fundraisers and the organization of a Physics Olympics that my junior college hosted.  During all of this time, I owned and ran a small sports apparel business to fund my way through college.  These experiences were learning tools to better myself.  I know that I lacked appreciation of the little things and I have noticed that through the years, I have improved in all facets of my character. I feel that I am a loving, caring, and respectful individual.  I live my life now the way I want my children to.  In all of my daily activities, I set an exemplary example for them to follow.  I want them to reach their goals and accomplish the things they set forth to do and not give up.  To never take for granted what they have, and to strive forward.  I realize that at a tender age, everybody has the opportunity to err and correct their mistakes as much as possible.  My mental growth and discovered maturity, helped me to get along and work well with others on different planes.  It took prudent thinking to realize that everyone else is not trying to work against me, but are really trying to work with me to succeed.  I wish I could take back my erring ways, but what was done is done and my accomplishments in my more developed age, shows clearly that I have made some positive changes in my life that will help me succeed. While still enrolled in school, I took advantage of the opportunities to intern at several different private engineering firms.  I proved myself to be a very diligent and hard worker.  I showed up on time to work and had an excellent rapport with my peers.  I excelled in all projects that were set before me and worked under minimal supervision (see attachment #' 5 and 6). During my internships, I gained valuable experience in the field as well as experience in professionalism.  During the semesters, I worked in the tutor laboratory tutoring students in advanced Calculus, Geometry, and Algebra to keep an income (see attachment #7). The positive influences in my life consist of the people that I am intimately involved with.  These influences have taught me very important things that I have used throughout my life.  Respect, family, responsibility, dedication, teamwork, and pride are some of the few things that I have learned from my parents, mentors, and other influential people in my life. One year ago, at the beginning of my last fall semester at CSU, Fresno, I entered the Air Force ROTC cadet corps lounge.  I didn't know what to expect.  I saw the values that I held important to me being applied in the learning environment.  I immediately talked to the officers to see how I could gain a commission as an officer in the Air Force.  I gave them my situation and they processed a request for a waiver for my undesirable discharge and re-enlistment code.  I enrolled anyway in the required classes and became an active member of the cadet wing.  Being a self motivated person that I am, I volunteered for responsibility right away and was placed into the Military Projects office under an inactive cadet Officer In Charge.  I assumed the responsibilities as his assistant Officer In Charge of Military Projects.  Since entering the ROTC program, I have been as active as possible in the corps and helped to fill in the empty spots in the Corps team as much as possible.  I organized a shooting range event and a paintball event.  Both events had their problems but were handled promptly and most importantly, professionally. The waiver that I previously submitted, came back and was denied because of my type of discharge and re-enlistment code that I received from the Navy.  The requirements for approval into the AFROTC program for me was to change my Other Than Honorable Discharge changed to Honorable and to change my re-enlistment code from four to one.
I started to prepare this package for submittal and hoping that these requirements would be satisfied, I stayed with the AFROTC program and enrolled into another semester of Air Force classes and leadership laboratory. This semester, I was chosen for the position of Alpha Flight Commander and Action Officer of a huge event called "Warrior Challenge." At the same time, I carried a full load of sixteen semester units in the challenging engineering program.  This office demanded a lot of hard work and responsibility.  I was in charge of six cadets and was tasked to organize a sporting event that was to be hosted by our detachment.  We had over I 00 cadets attend from three other detachments in the Northern California region.  We had three months and a budget of $600 to organize the team and expedite a professional event.  I effectively delegated all of the tasks out to my subordinates and delegated to other offices in the Corps to handle various parts of the days events.  I organized with three other detachments accommodations, 6 sporting events, lunch, dinner, and an after party mixer.  My subordinates stayed motivated throughout the preparations and our mission was flawlessly accomplished (see attachment #'s 8 and 9).  The awards I received for my performance were an Air Force Honor Guard coin, Officer In Charge of the month, and Officer In Charge of the semester.  I won these awards over 25 other cadets in the wing. My primary mission as an Air Force officer will be to work as part of the entire Air Force team to carry out the missions of my country.  I will try to be the best leader and manager as I am able to be, giving 110% to the Air Force.  In my field, I hope to learn the processes in civil engineering and apply them appropriately, at the same time learn to be a good officer.  I understand that as a new officer, I lack the knowledge of how things work with respect to each command, so I will be an attentive listener and a good follower.  I believe that I will be an exceptional asset to the Air Force.  I have valuable life experiences gained as an enlisted member in the Navy Seabees, which gives me empathy with the enlisted personnel and may be helpful in solving problems that my subordinates may have (see attachment #10). Hopefully, my improved character has been displayed in this plea for consideration to change the type of discharge that I received and change the re-enlistment code that is limiting my involvement with the military service.  I believe that I have a lot to offer the military service.  I know that I have matured into a much better person and various references attached vouch for this.  By changing the type of discharge and reenlistment code to more favorable ones, you will be giving me the opportunity to proudly serve my country and live out my dream as a military officer (see attachment #11). Sincerely,

Documentation

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

Copy of Dean's List Certificate
Copies of Character Reference Letters (2)
Copies of Letters of Recommendation (2)
Copy of Employment Reference Letter  
Copies of Letters of Commendation (4) 
Copies from Service Record (36pgs)  

PART II - SUMMARY OF SERVICE

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

	Active:   USN 		None
	Inactive: USNR (DEP)	900329 - 900906	COG

Period of Service Under Review:

Date of Enlistment:  900907		Date of Discharge:  930923

Length of Service (years, months, days):

	Active:    03  00  17
	Inactive:  None

Age at Entry:  17			Years Contracted:  4 (12 months extension)

Education Level:  12			AFQT:  49

Highest Rate:  EOCA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.00 (3)	Behavior:  3.00 (3)		OTA:  3.06

Military Decorations:  None

Unit/Campaign/Service Awards:  JMUA, AFEM, NUC, NDSM, SASMwb*, FMFCOI, KLM, SSDRw* 

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:

900911:	You are being retained in the Naval service, despite your fraudulent induction as evidenced by your failure to disclose required basic enlistment eligibility information.  This decision is based on the information you provided the Recruit Quality Assurance Interviewer and if it is found that additional information has been disclosed, this waiver is void and you could be subject to other judicial or administrative proceedings, speeding, 2/90; speeding 4/90; speeding 9/90.  Point deduction. 

911125:	NJP for violation of UCMJ, Article 91: (3 Specifications), willfully disobey a lawful order.
	Award:  Forfeiture of $423.00 pay per month for 2 months (suspend all but $100.00 pay per month for 6 months), restriction and extra duty for 30 days (15 days suspended for 6 months), reduction to E-1.  No indication of appeal in the record.

911127:	Retention Warning from Naval Mobile Construction Battalion Forty:  Advised of deficiency (Awarded punishment at CO'S NJP held on 911125 for violation of the UCMJ, Article 91, notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

920903:	NJP for violation of UCMJ, Article 86: Unauthorized absence from unit, violation of UCMJ Article 92: (2 Specifications), failure to obey a other lawful order.
Award:  Forfeiture of $150.00 pay per month for 2 months, restriction and extra duty for 30 days.  No indication of appeal in the record.

920903:	Retention Warning from Naval Mobile Construction Battalion Forty:  Advised of deficiency (Your Commanding Officer's non judicial punishment on 920903 for violation of the UCMJ, Articles 86 and 92 (2 specifications, notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

930819:	NJP for violation of UCMJ, Article 86: (2 Specifications), Spec 1: Failure to go, Spec 2: Unauthorized absence).
Award:  Restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.

930823:	U.S.N. Mobile Construction Battalion FORTY notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct commission of a serious offense as evidenced by three Commanding Officer's non judicial punishments and your violation of UCMJ, Article 91 (willfully disobey a lawful order -3 specifications), Article 92 (failure to obey an other lawful order -2 specifications), and Article 86 (unauthorized absence -3 specifications).

930823:  	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.

930825:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct commission of a serious offense.

930914:	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 930923 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 first issue states:  “I desire to have my discharge upgraded from other than honorable to honorable.  I also desire to have my re-enlistment code changed to enable me to pursue a commission in that air force through the reserve officer training corps (ROTC) Program.  My issues are further explained in items 7a, document 1.”  The NDRB carefully reviewed the applicant’s discharge for equity and propriety.  The Board found the applicant committed a series of offenses that resulted in three NJP’s and three retention warnings.  This formed the basis of his separation for a pattern of misconduct.  The Other Than Honorable discharge accurately characterizes the applicant’s service.  The applicant’s desire to have the discharge changed for opportunities in another service is not a reason the Board will upgrade the discharge.  Relief is not warranted. 

Changing the reenlistment code.  The NDRB has no authority to change reenlistment codes or make recommendations to permit reentry into the naval service or any other of the Armed Forces.  The NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy.  Reenlistment policy of the naval service is promulgated by the Commander, Navy Personnel Command, Pers-814, 5720 Integrity Drive, Millington, TN 38055.  Neither a less than fully honorable discharge nor an unfavorable "RE" code is, in itself, a bar to reenlistment.  A request for a waiver is normally done only during the processing of a formal application for enlistment through a recruiter.  Relief, is therefore, denied.

The NDRB considered the applicant’s second issue that describes the circumstances surrounding his discharge and his post service accomplishments.  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 provided documentary evidence highlighting his educational and employment references, however, the Board found no evidence of volunteer community service and a 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 5, effective 05 Mar 93 until 21 Jul 94), 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