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

 ex-SR, USN
Docket No. ND02-00897

Applicant’s Request

The application for discharge review, received 020611, 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 030311.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the NDRB discerned there was no impropriety or inequity in the characterization of the Applicant’s service or the assigned reason for discharge, at the time of discharge.  However, after consideration of the Applicant’s post-service documentation the Board determined that partial relief is warranted.  The Board voted four to one that the discharge characterization shall change.  The Board found the reason for discharge shall remain the same.  The discharge shall change to: UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct - Pattern of Misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  My purpose for enlisting into the U.S. Navy was to serve our country and to establish a better life for myself.  Instead I found myself caught in a vicious cycle of liberty port parties that eventually took it’s toll on my intended career.  While serving on the USS Elliot my personal evaluations reached an high average, starting in the Deck Division and within 5 months struck out to M.S. and excelled to become the ward room cook, stretcher bearer and flight quarters crash & smash.  I was zealous and eager with every intention to fulfill my obligations, however, because of my lack of self control leading me to stand before the board.  They couldn't see how I could have been a total different person in contrast to my potential and ability to perform what was required.  I was given punishment instead of possible treatment or counseling due to the periods of absences "91 Aug 31 to Sep 01", "92 Feb to Mar 03 and "92 May 17 to 92 Jun 14".  During the period of 92 May 17 to 92 June 14 I was incorrectly told that I could leave and the papers would be sent to my address in the city of my M.E.P. station.  I didn't know any different.  I was scared and felt defeated with nowhere to turn so I flew back home (Boston).  Thereafter, I received a letter requesting my return back to California.  I then and still do regret making bad decisions during my active duty.  However, my life I live today would demonstrate the complete opposite of then (demonstrated through Document 1-4 that I am submitted).  Thank you.

Documentation

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

Copy of DD Form 214
Reference Letter from L_ K_, dated March 26, 2002
Reference Letter from R_ V_, dated March 26, 2002
Reference Letter from R_ R_, dated March 29, 2002
Reference Letter from Pastor M_ & D_ E_, dated March 29, 2002
Letter of Congratulations (Passed Credential Exam set forth by Victory Outreach International), dated April 11, 2002)
Score Assessment Sheets (2 pages)
Reference Letter from M_ B_, dated April 14, 2002
Letter of Recommendation from W_ A_, dated April 16, 2002
Letter of Confirmation (40 hours per month of community service for the past 6 years), dated May 10, 2002
Local Arrest Record Search Letter 
Local Arrest Record
Regional Leader Training Program Certificate from Victory Outreach International School of Ministry
Employment Reference Letter, dated April 19, 2002
Victory Outreach Brochure 

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	891113 - 891211	COG
	Active:   USN			None

Period of Service Under Review:

Date of Enlistment:  891212		Date of Discharge:  920715

Length of Service (years, months, days):

	Active:    02  07  03		[Does not exclude lost time]
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 

Education Level:  12			AFQT:  24

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.86 (3)	Behavior:  2.86 (3)		OTA:  3.2

Military Decorations:  None

Unit/Campaign/Service Awards:  AFEM, SASW, NDSM, SSDR

Days of Unauthorized Absence:  35

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:

910831	Applicant to unauthorized absence, intentions unknown.

910901	Applicant returned from unauthorized absence.

910921:	NJP for violation of UCMJ, Article 86:  Unauthorized absence.
	Award:  Forfeiture of 1/2 pay per month for 1 month (suspended for 6 months), restriction and extra duty for 30 days.  No indication of appeal in the record.

911001:	Retention Warning from [USS ELLIOT (DD-967)]:  Advised of deficiency (in recent actions that resulted in a CO's NJP onboard USS ELLIOT (DD-967) this date for violation of UCMJ, Article 86, Unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

920229	Applicant to unauthorized absence.

920303	Applicant returned from unauthorized absence.

920316:	NAVDRUGLAB [SAN DIEGO, CA] reported Applicant’s urine sample, received 920309, tested positive for [THC].

920318:	NJP for violation of UCMJ, Article 86:  Unauthorized absence from 920228 to 920302 (4 days).
	Award:  restriction and extra duty for 15 days.  No indication of appeal in the record.

920318:	Punishment forfeiture of $482.00 pay per month for 1 month suspended at CO's NJP 910921 vacated this date due to continued misconduct.

920318:	Retention Warning from [USS ELLIOT (DD-967)]:  Advised of deficiency (in recent actions that resulted in a CO's NJP for violation of UCMJ, Article 86, Unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

920402:	NJP for violation of UCMJ, Article 112a: Use of a controlled substance.
	Award:  Forfeiture of $440.00 pay per month for 2 months, restriction and extra duty for 30 days, reduction to E-2.  No indication of appeal in the record.

920506:	USS ELLIOT (DD-967) 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 two non-judicial punishments for unauthorized absence and one non-judicial punishment for drug abuse and misconduct due to drug abuse as evidenced by one non-judicial punishment for drug abuse.

920514:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to obtain copies of the documents used to support the basis for the separation, requested an administrative board, elected to submit statement on own behalf either verbally or in writing before an administrative board or in writing if a board is not convened, elected the right to representation at the administrative board by qualified counsel, elected the right to 4 working days to respond to the Notice of the Administrative Board Procedure Proposed Action, the Applicant also objected to the separation.

920515	Applicant to unauthorized absence.

920614	Applicant returned from unauthorized absence.  Surrendered on board.

920623:	Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to waive Administrative Discharge Board.  Applicant also stated he no longer objects to the separation.

920625:	Summary Court-Martial.
	Charge I:  violation of the UCMJ, Article 86.
	Specification:  Unauthorized absence from 920515 to 920614 (30 days/S).
	Finding:  to Charge I and the specification thereunder, guilty.
	Sentence:  Reduced to E-1, restriction and extra duty for 30 days.
	CA action 920625:  Approved findings and sentence.

920710:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to drug abuse.  

920713:	BUPERS directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

920715	Applicant informed of eligibility to request 30 day’s in-patient treatment at VA hospital.  Applicant declined treatment.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 920715 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) at time of issue.  However, after consideration of the Applicant’s post-service accomplishments and good citizenship the Board determined that partial relief was warranted.  The Board voted four to one that the discharge characterization shall change to Under Honorable Conditions (General).  The reason for discharge shall remain the same.  The Board determined that the seriousness of the Applicant’s misconduct prevented changing the discharge characterization to fully Honorable.

Issue 1:  The Applicant requested an upgrade to his discharge characterization based upon his post-service conduct.  While 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, the NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, 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.  
The Applicant has demonstrated a substantial and verifiable change in lifestyle and has shown a fervent commitment to dedicating his life to his family, taking a leadership role in his community, and living a faith-based lifestyle.  The Board noted the significant changes and positive direction the Applicant’s life has taken since he made a commitment to drug-free, sober living.  After careful consideration of the Applicant’s post-service accomplishments and documentation, the Board found that partial relief is warranted.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 Aug 91 until 
04 Mar 93), 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 “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