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

    ex-AN, USN
Docket No. ND03-00003

Applicant’s Request

The application for discharge review, received 20020926, 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 20030812.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, no impropriety or inequity in the characterization of the Applicant’s service was discovered by the NDRB.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct - Pattern of Misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as submitted

1.  I am requesting that my General Discharge, under Honorable conditions be upgraded to an Honorable Discharge.  I proudly served in the Navy for 3 years, 7 months.  My discharge is based on 2 incidents that occurred during off duty hours, during a period of extreme emotional/family distress.  I deeply regret these incidents, but feel that I served my Country Honorably, and have become a contributing citizen.

Since been discharged, I have completed a 576 hour Electrical Trades program to become a Journeyman Electrician.  I have been working in this field for 8+ years, with the same company for 7 1/2 years.  I also completed a 42 semester hour program for Heating, Ventilation, Air Conditioning & Refrigeration.

I have been married for 8 1/2 years, and have two daughters.  I have coached T-ball and soccer through our YMCA, for my Daughter's teams.  I also volunteered recently to help with the renovations of a new computer lab for my children's school.  I continue to be an actively involved Father and dedicated Husband.  I help care for my aging Grandparents-in-Law, to include taking care of their lawn and landscape, and their care.

I have no police record.

Thank you for your time and courtesy in reviewing this request.

Documentation

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

Applicant's DD Form 214
Certificate of completion of 576 hours of related instruction in the Electrical trade
Letter from Rets Tech Center, Inc, dated February 17, 1994
Certificate of completion from Rets Tech Center
Fairborn Police Department criminal record check, dated July 30, 2002

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	880914 - 880925	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  880926		Date of Discharge:  920427

Length of Service (years, months, days):

	Active:    03  07  02
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  26

Highest Rate:  AN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.60 (4)	Behavior:  3.50 (4)		OTA:  3.70

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SASM without Campaign Star, SSDR

Days of Unauthorized Absence:  2

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

UNDER HONORABLE CONDITIONS (GENERAL)/Misconduct – Pattern of misconduct, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

900808:	Civil Conviction: General District Court, Criminal Division, Virginia Beach, VA for violation of drinking in public.
Sentence: Fined $15.00 and court costs.

920206:	Civil Conviction: General District Court, Traffic Division, Norfolk, VA for violation of driving under the influence.
Sentence: Fine $500.00, court costs $20.00, restricted operator's license for 3 years, jail for 6 months, ordered to attend ASAP.  Jail suspended except for 2 weekends.

920306:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0700, 920205 until 0100, 920206 (18 hours).
	Award: Forfeiture of $440 per month for 2 months, restriction and extra duty for 45 days, reduction to AA.  Reduction suspended for 6 months.  No indication of appeal in the record.

920427:	DD Form 214: Applicant discharged under honorable conditions (general) by reason of misconduct due to a pattern of misconduct.

Discharge package missing from Applicant's service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19920427 under honorable conditions (general) 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 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 award of nonjudicial punishment (NJP) on one occasion and two civil convictions on other occasions.  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.  The discharge was proper and equitable.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such error or inequity 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.  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 be 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 offenses for which he was discharged sufficient to upgrade his characterization of service to honorable.  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, 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