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

 
ex-ADAR, USN
Docket No. ND03-00520

Applicant’s Request

The application for discharge review was received on 20030210.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance discharge review before a traveling panel closest to Groton, Connecticut.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area.  The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040114.  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 OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority: NAVMILPERSMAN, Article 3630605.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “My discharge was inequitable because of my work performance and my personal appearance and my job knowledge.  I was a qualified plane captain at VAW-120 at NAS Norfolk, VA off AC2 the personnel in the line division, I was the most enthusiastic about my position.  I was usually one of the 1st PC’s on the airfield, and 1 of the last PC’s to leave the airfield.  I was dedicated to my work.  Aviation, was and still is, my passion.  I was a hard working individual and absolutely loved my job.  Unfortunately, I made a few mistakes.  I was young and somewhat immature now; I am older and wiser.  I think more before I act, I am now married going on 6 years now.  I also have a child who is about to turn 4 years old in May, 2003, I respectfully request that my discharge be changed to “honorable”.  This will allow me to receive my Montgomery G.I. Bill benefits, which were taken from me due to the type of discharge I received.  I wish to attend flight school so that I can earn the 4 licenses that are required for myself to pursue my dream of becoming an airline pilot.  Becoming an airline pilot will not only fulfill my dream, but it will also allow me to provide better for my family financially.  I feel that even though I made some mistakes, in my time of enlistment, I should be allowed a second chance.  Every body deserves a second chance.  I am truly regretful of the mistakes that I made.  I hope that at the time of deliberation, the members of the board will be convinced that I am not only older, but also more mature and that I do indeed deserve a chance to pursue my career dream, and therefore turn my life around and provide better for my family.”

Documentation

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

Character reference, undated

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	930625 - 940619	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  940620		Date of Discharge:  970530

Length of Service (years, months, days):

	Active:    02  11  11	Does not exclude lost time
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  12			AFQT:  46

Highest Rate:  ADAA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF			Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

Days of Unauthorized Absence:  54

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630605.

Chronological Listing of Significant Service Events:

951222:	NJP.  No further information found in service record.
	Award:  No indication of appeal in the record.  [Extracted from Enlisted Performance Record.]

950818:	Applicant to unauthorized absence 0645, 950818.

950916:	Applicant declared a deserter.

951012:	Applicant from unauthorized absence 1000, 951012 (54 days/apprehended).

960306:	Vacate suspended reduction awarded at Commanding Officer’s NJP dated 951222 due to continued misconduct.  [Extracted from Enlisted Performance Record.]

960913:	NJP for violation of UCMJ, Article 108: Damage military property of the United States.  No further information found in service record.
	Award:  No indication of appeal in the record.  [Extracted from Administrative Remarks, NAVPERS 1070/613.]

961017:	Retention Warning: Advised of deficiency (You went to Commanding Officer’s nonjudicial punishment on 960913, for the violation of the Uniform Code of Military Justice, Article 108, military property of the United States - damage.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
	
961105:	NJP: No further information found in service record.
	Award:  No indication of appeal in the record.  [Extracted from NAVPERS 1070/604.]

970530:	DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

Discharge package missing from service record.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970530 under other than honorable conditions for misconduct due to commission of a serious offense (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:  Normally, to permit relief, an error or injustice must have existed during the period of enlistment in question.  No such error or injustice occurred during the Applicant’s enlistment.  While he may feel that youth and immaturity were contributing factors, they do not mitigate the Applicant’s disobedience of the orders and directives that regulate good order and discipline in the naval service, demonstrating he was unsuitable for further service.  His service record is marred by award of non-judicial punishment (NJP) on three separate occasions.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing employment 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 and therefore considered the Applicant’s discharge proper and equitable.   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, and certification of community service and non-involvement with civil authorities are examples of verifiable proof that can be submitted.   At this time, the Applicant has not provided sufficient verifiable documentation of good character and conduct to mitigate his misconduct while on active duty.  Relief denied.

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 14, effective 
03 Oct 96 until 971212, Article 3630605, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – COMMISSION OF A SERIOUS OFFENSE.

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