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

 ex-PNSA, USN
Docket No. ND02-00952

Applicant’s Request

The application for discharge review, received 020619, 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 030424.  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 service shall not change. The discharge shall remain: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  I was not considering my actions before my discharge.  My actions in the Navy reflected on my discharge, and my discharge reflected on my educational benefits.

Education is very important to anyone trying to establish themselves in America.  Considering my actions from the past is very too late, but considering education is not.

For my education's sake to establish myself in America, members of the Naval Council of Personnel Board; please upgrade my discharge to a full honorable.  Thank you.

Documentation

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

Applicant's DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	930619 - 930705	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  930706		Date of Discharge:  951201

Length of Service (years, months, days):

	Active:    02  04  26
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  32

Highest Rate:  PNSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.33 (3)	Behavior:  2.73 (3)		OTA:  3.50

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

941222:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 1910, 931220 to 0400, 941221.
	Award: Extra duty for 15 days, reduction to PNSA.  No indication of appeal in the record.

951006:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 950912 to 0715, 950913.
	Award: Forfeiture of $223.44 for 7 days, reduction to PNSA.  No indication of appeal in the record.

951006:	Retention Warning from Personnel Support Activity Detachment Naval Station, San Diego, CA:  Advised of deficiency (Two nonjudicial punishments during current enlistment for violation of UCMJ, Article 86.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

951115:	Vacate suspended reduction to PNSA awarded at CO's NJP of 951006.

951115:	NJP for violation of UCMJ, Article 107: False official statement on 951023.
	Award:  Forfeiture of $206 per month for 7 days, reduction to PNSR.  Forfeiture and reduction suspended for 6 months.  No indication of appeal in the record.

951124:	Applicant notified of intended recommendation for discharge general (under honorable conditions) by reason of misconduct due to minor disciplinary infractions as evidenced by all punishments under the UCMJ in your current enlistment.

951129:	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.

951207:	Commanding Officer discharged Applicant general (under honorable conditions) by reason of misconduct due to minor disciplinary infractions.

960124:	BUPERS message:  In reference to reference a (PSD NS San Diego CA letter dated 951207), member did not qualify for discharge under authority delegated reference b (CHNAVPERS doc dated 910815.).  In accordance with MPM 3610260.3 members must be processed for all reasons for which the minimum criteria are met.  SNM's violation of the Uniform Code of Military Justice Article 107 constitutes a serious offense in accordance with MPM 3610100.1X.  therefore, SNM should have been processed for misconduct due to commission of a serious offense using admin bd procedures IAW MPM 3640100.7 and 3640200.8;  The above is intended to assist you in future processing.  No further actions required in this case.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 951201 with a discharge characterization of general (under honorable conditions) for misconduct due to minor disciplinary infractions (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 equitable and proper (C and D).

Issue 1: The Board has no authority to upgrade a discharge for the sole purpose of enhancing educational opportunities as requested in the issue.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  In the Applicant’s case, the Board could discern no impropriety or inequity which warrants an upgrade to the characterization of service.  Relief denied.  

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, a positive employment record, documentation of community service, and certification of non-involvement with civil authorities, are examples of verifiable documents that should be provided to receive consideration for relief, based on post-service conduct. 

The Applicant remains eligible for a personal appearance hearing, provided an application is received, at the NDRB, within 15 years from the date of discharge.  The Applicant can provide additional documentation to support any claims of post-service accomplishments at that time.  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 9, effective 22 Jul 94 until 02 Oct 96), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON 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