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

ex-AC2, USN
Docket No. ND02-00920

Applicant’s Request

The application for discharge review, received 020612, requested that the characterization of service on the discharge be changed to honorable.  The Applicant requested a documentary record discharge review, but indicated he could appear in person provided the hearing can be scheduled.  The application was accepted as a documentary (record) review.  The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 030319.  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: GENERAL (UNDER HONORABLE CONDITIONS)/COMPLETION OF REQUIRED ACTIVE SERVICE, authority: NAVMILPERSMAN, Article 1910-104 (formerly 3620150).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  Dear Sir/Mama,

I entered Naval service on Apr 14, 1989 and served impeccably through Jan 25, 1998 at which time I made the biggest blunder of my life.  Because of this catastrophic mistake, I lost my family, my military career, and all my savings.  I also had to spend a year of my life in jail and the next three on probation.  Please know that I am telling you this only for informational purposes, not to gain sympathy.  I deserved each and every consequence I suffered and more.  In retrospect, it is easy to see God's hand on every detail of my life and I consider myself an extremely blessed man to have been dealt with as I was.

I don't know what grounds I have to request an honorable discharge other than the fact that my criminal proceedings were unsettled at the time of my discharge.  I was arrested on Jan 25, 1998 and held for 27 days prior to being released on bond.  At that point, I returned to Naval service until I was arrested again on Mar 23, 1998.  I then remained in "Pre-trial detention" until my EAOS, Sept 02, 1998, at which time I was given a general discharge under honorable conditions.  On Nov 09, 1998, I plead guilty to one charge of Burglary of a Structure and all of the other charges were dropped.  I was awarded 364 days in the county jail and five years probation.  Please note that adjudication was withheld pursuant to my successful completion of probation (copy of judgment order is attached).  I served the remainder of my sentence and satisfactorily completed three years of probation at which time I was granted early termination (copy of court minutes attached).

I have also included a copy of the letter I wrote the court requesting early termination along with the three letters of reference I sent the court. Hopefully, in reviewing these, you will see and appreciate what my new life is about.  I am hoping that you grant me the honorable discharge that I seek, primarily so that I can take advantage of my GI Bill benefits as I attend Tampa Bay Bible Institute.

If you have any need for further documentation, comments, or references, please contact me at the address or phone number shown in the header of this letter.  You may also feel free to contact my church (which is also my place of employment) at 727-545-5643.  L_ S_ is Pastor T_ K_'s Secretary and S_ P_ is the Church Secretary.

Thank you very much for your careful consideration in this matter.  I look forward to hearing from you.

Sincerely and Respectfully Submitted,  (Signed by the Applicant)

Documentation

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

State of Florida, Order of Probation dtd Nov 9, 1998 (3 pages)
Judicial Circuit for Monroe County, Florida Court Minutes dtd Nov 16, 2001
Applicant's Request For Early Termination of Probation to Honorable M_ J_, dtd Oct 16, 2001
Character Reference ltr from Pastor T_ K_ dtd Oct 10, 2001
Character Reference ltr from Pastor C_ M_ dtd Oct 10, 2001
Character Reference ltr from co-partner, D_ M. S_, dtd Oct 10, 2001
Copies of DD Form 214 (Copy #1 and #4)

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	890412 - 89413	COG
	Active:   USN			890414 - 930902	HON

Period of Service Under Review:

Date of Enlistment:  930903		Date of Discharge:  980902

Length of Service (years, months, days):

	Active:    05  00  00
	Inactive:  None

Age at Entry:  22			Years Contracted:  5

Education Level:  12			AFQT:  83

Highest Rate:  AC2

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.8 (1)	Behavior:  4.0 (1)		OTA:  4.0 (4.0 evals)
                      	  3.25 (4)                            3.0 (4)                               3.14 (5.0 evals)

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, JMUA, SSDR, AFSM, CGMUC (W/"O" Device), KLM, GCM(2)

Days in Hands of Civil Authorities:  137

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

GENERAL (UNDER HONORABLE CONDITIONS)/COMPLETION OF REQUIRED ACTIVE SERVICE, authority:  NAVMILPERSMAN, Article 1910-104 (formerly 3620150).

Chronological Listing of Significant Service Events:

930903:	Reenlisted for term of five years at NAS Memphis, TN.

980125:	Applicant arrested by civil authorities and held for 27 days prior to being released on bond.  [INFORMATION PROVIDED BY APPLICANT.]

980323:	Applicant, again, arrested by civil authorities and remained in pre-trial detention until EAOS (Sep 2, 1998).  [INFORMATION PROVIDED BY APPLICANT.]

980902:	Applicant discharged under honorable conditions (general), by reason of "completion of required active service."

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 980902 under honorable conditions (general) due to completion of required active service (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 honorable conditions (general) 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 his civilian incarceration for his last five months of service.  The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his 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.  An upgrade to honorable would be inappropriate.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity is evident 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.  However, 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.  Verifiable proof of any post-service accomplishments must be provided in order for the Applicant to claim post-service conduct and behavior as a reason to upgrade a less than Honorable discharge.  Evidence of continuing educational pursuits, employment record, documentation of community service, certification of non-involvement with civil authorities and credible evidence of a substance free lifestyle, are examples of verifiable documentation that should have been provided to receive consideration for relief, based on post-service conduct.  The Applicant’s evidence of post-service conduct was found not to mitigate the offense for which he was discharged.  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.  The Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective 12 Dec 97 until 26 March 2000, Article 1910-104 (previously 3620150), Separation by Reason of Expiration of Active Obligated Service (EAOS).

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