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

 ex-AA, USN
Docket No. ND02-00460

Applicant’s Request

The application for discharge review, received 020226, 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 021104.  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 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  To whom it may concern,
I was discharged from the Navy 2001/05/02 because of two mistakes I made during my training as an avionics electronics technician.  I was based at NATTC in Pensacola, Florida.  The first mistake was that I went off base with a shipmate of mine that I went through boot camp with and had a few drinks with him while we were still on phase a status.  I know that it was a mistake but we were very close throughout boot camp and he was getting sent to the fleet in a couple of days.  The other mistake was a 3-day unauthorized absence.  I had been dating a girl from Pensacola and went to her house for dinner.  She lived approximately 45 minutes from base.  After dinner we started back to base when her vehicle broke down. I tried to get it running again but couldn't and it was too late to get parts.  By this time it was past curfew and I was afraid I would get in trouble if I came in late so we found the nearest place to stay and I planned on getting it running the next morning but again I couldn't. At this point I was now late for physical training and I wasn't sure how to explain it to my instructor.  I know I should have taken a taxi and went back to base but I didn't want to leave her stranded so I waited until the parts store opened and I fixed her car.  The next day I went back to base but didn't know I needed a stop UA chit so the records show that I had 3 days UA.  I feel that my discharge was unwarranted.  My records from boot camp show that I am an extremely hard worker.  My physical conditioning is excellent.  I can run a 10:30 mile and a half. I did 102 push-ups, over 90 sit-ups and never faltered.  I displayed much leadership and took charge of situations when needed.  I also scored 82 on my ASVAB.  When I got to Pensacola I became a staff member in my barracks the first week I was there.  I helped out a lot of my shipmates while I was there and was always available day or night.  I kept my physical conditioning at the highest level.  My average in school was 89.62% and I was never late once.  I had the backing of two master chiefs, my chief & chief petty officer, my instructors and a staff sergeant.  I am respectfully requesting that my discharge be upgraded, as I believe I was unfairly treated.  I believe that I would make an excellent sailor because I love the Navy and I want to defend this country. I know I made a couple of mistakes but please consider my requests.  I thank you for your time and consideration.  Respectfully yours,

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:   None
	Inactive: USNR (DEP)	000831 - 000925	COG

Period of Service Under Review:

Date of Enlistment:  000926		Date of Discharge:  010511

Length of Service (years, months, days):

	Active:    00  07  16
	Inactive:  None

Age at Entry:  33			Years Contracted:  4

Education Level:  12			AFQT:  82

Highest Rate:  AA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF*		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  3

* No Marks Found in the service record.

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

Chronological Listing of Significant Service Events:

010118:	Retention Warning:  Advised of deficiency (Alcohol abuse/liberty incident), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

010208:	NJP for violation of UCMJ, Article 92: Orders violation.
	Award: Forfeiture of $584 per month for 2 months, restriction and extra duty for 30 days.  No indication of appeal in the record.

010208:	Retention Warning:  Advised of deficiency (Orders violation), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

010502:	Applicant refused treatment for alcohol/substance abuse.

010502:	NJP for violation of UCMJ, Article 86: Unauthorized absence.
	Award: Forfeiture of $584 per month for 1 month, restriction and extra duty for 45 days.  No indication of appeal in the record.

010502:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and commission of a serious offense.

010502:	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

010503:	Commanding Officer, Naval Air Technical Training Center, Pensacola, FL recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense.

010504:	Chief of Naval Education and Training 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 010511 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.  A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor.  The Applicant’s service was marred by award of nonjudicial punishment (NJP) on two occasions during his first seven months on active duty.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful disobedience of the orders and directives which regulate good order and discipline in the naval service, and falls short of that required for an honorable characterization of service.  The positive aspects of the Applicant’s service record do not mitigate his misconduct.  An upgrade would be inappropriate.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  The discharge was proper and equitable.  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the Applicant’s enlistment.  Additionally, 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 civilian life, subsequent to leaving the service.  Relief not warranted.

The Applicant 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.  Representation at a personal appearance hearing is recommended but not required.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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