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

  ex-ITSR, USN
Docket No. ND03-00032

Applicant’s Request

The application for discharge review, received 20021001, 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 20030828.  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

Prior to the documentary discharge review, the Applicant introduced no issues as block 8 on the DD Form 293 is blank. 

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)	980206 - 980216	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  980217		Date of Discharge:  010225

Length of Service (years, months, days):

	Active:    03  00  09	Does not exclude lost time
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  56

Highest Rate:  RMSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.00 (3)	Behavior:  1.67 (3)		OTA:  2.06

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  44

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:

990105:	Civil Conviction:  Violation of reckless driving.
Sentence: Fine $75.00, court cost $40.00.

990127:	NJP for violation of UCMJ, Article 86: Unauthorized absence from 0730, 990115 to 2321, 990121 (6 days/surrendered), violation of UCMJ, Article 87: missing ship's movement on 990120, violation of UCMJ, Article 134: False or unauthorized pass offenses.
	Award: Forfeiture of $200 per month for 2 months, restriction for 21 days, reduction to ISTR.  Forfeiture and reduction suspended for 6 months.  No indication of appeal in the record.

990127:	Retention Warning:  Advised of deficiency (Unauthorized absence, missing ship's movement and false or unauthorized pass offenses.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

990127:	Applicant to unauthorized absence 1630, 990127.

990201:	Applicant from unauthorized absence 1300, 990201 (4 days/surrendered).

990202:	Vacate suspended forfeiture and reduction awarded at Commanding Officer's NJP dated 990127.

990202:	NJP for violation of UCMJ, Article 86: Unauthorized absence, violation of UCMJ, Article 134: Break restriction.
	Award: Forfeiture of $200 per month for 2 months, correctional custody for 30 days.  Forfeiture suspended for 6 months.    No indication of appeal in the record.

990202:	Retention Warning:  Advised of deficiency (Unauthorized absence, and breaking restriction.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.  [Partial date unreadable (estimated).]

990517:	Counseling:  Advised of deficiency (responsibilities), notified of corrective actions and assistance available.

990615:	Counseling:  Advised of deficiency (personal behavior and responsibilities), notified of corrective actions and assistance available.

991212:	Counseling:  Advised of deficiency (responsibilities), notified of corrective actions and assistance available.

991215:	Counseling:  Advised of deficiency (responsibilities), notified of corrective actions and assistance available.

000330:	Counseling:  Advised of deficiency (responsibilities), notified of corrective actions and assistance available.

000518:	NJP for violation of UCMJ, Article 86 (7 specs): (1) Absent from unit on 0700, 000211 until 1050, 000315 (34 days/surrendered), (2) Fail to go to appointed place of duty on 000201, to wit: Portsmouth Naval Medical Center, (3) Fail to go to appointed place of duty on 000209, to wit: Portsmouth Naval Medical Center, (4) Fail to go to appointed place of duty on 000420, to wit: 1000 physical therapy, (5) Fail to go to appointed place of duty on 000424, to wit: 1000 physical therapy, (6) Fail to go to appointed place of duty on 000426, to wit: 1000 physical therapy, (7) Fail to go to appointed place of duty on 000426, to wit: 0830 physical therapy, violation of UCMJ, Article 107: False official statement  to HM1 on 000316, to wit: "I'm on limited duty".
	Award: Forfeiture of $502 per month for 2 months, restriction and extra duty for 45 days, reduction to ITSR.  Appealed 000520.  Appeal denied 000710.

000719:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense and misconduct due to civil conviction.

000803:	Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected to appear before an Administrative Discharge Board.

000921:	An Administrative Discharge Board, based upon a preponderance of the evidence and by unanimous vote, found that the Applicant had committed misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense and misconduct due to civil conviction that the misconduct warranted separation, and by a vote of 2 to 1 recommended discharge under other than honorable conditions.

010125:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, misconduct due to commission of a serious offense and misconduct due to civil conviction.

Unreadable:	Commander, Carrier Group EIGHT 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 20010225 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).

The Applicant introduced no decisional issues for consideration by the Board.

The following is provided for the edification of the Applicant.  Normally, to permit relief, an error or inequity must have existed during the period of enlistment in question.  No such errors or inequities were discovered during the period of enlistment in question.  The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  However, 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 the civilian life subsequent to leaving the service.  Outstanding post-service conduct, 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 can be considered.  Examples of documentation to provide the Board for consideration include verification educational pursuits, verifiable employment record(s), documentation of community service, certification of non-involvement with civil authorities, and credible evidence of substance free lifestyle (if appropriate).  At this time, the applicant has not provided any documentation for the Board to consider.  Therefore, no relief will be granted.

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.  Naval Military Personnel Manual, (NAVPERS 15560C), Change 18, effective
12 Dec 1997 until 21 Aug 2002, 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