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

 
 ex-SR, USN
Docket No. ND03-00578

Applicant’s Request

The application for discharge review was received on 20030221.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable or general/under honorable conditions and the reason for the discharge be changed to “orderly conduct either or.”  The Applicant requests 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 20040128.  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 and narrative reason 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 stated

Applicant’s issues, as stated on the application:

“1.  My discharge was improper because of the mishap to my DD214. (was not transferred to Naval Reserve Center New Orleans) (Effective date of first pay grade) (sea service) and as for my discharge out of the 10-12 personnel involved I was the only one who was discharged at the time of Captains Mass.  When everyone else cashed there checks & I was the only one who didn’t as an attempt to cash check which were given from T_ (A_) J_ from second division.  I was then prosecuted by J_ for him to steal my money & checks & mess my life up to seems of no return.  Naval Criminal Investigators have been informed of situation.  Trying to work at TDCJ as soon as possible or in the law enforcement field period.  To help & defend our nation or one.”

Documentation

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

Copy of DD Form 214
Copy of Social Security Card
Copy of Driver’s License
Copy of Drivers Safety Award dated March 2002
Copy of High School Diploma

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	970422 - 971130	COG
	Active:  USN 			None

Period of Service Under Review:

Date of Enlistment:  971201		Date of Discharge:  000727

Length of Service (years, months, days):

	Active:    02  07  27
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  39

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA*		Behavior:  NMA		OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  SSDR, LOC, NM, KCM, NUC, AFEM

Days of Unauthorized Absence:  21

*No Marks Available for review

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:

971202:	You are being retained in the Naval Service, despite your fraudulent induction as evidenced by your failure to disclose required basic enlistment eligibility information.  This decision is based on the information you provided to the RECRUIT QUALITY ASSURANCE INTERVIEWER and if it is found that additional information has not been disclosed you could be subject to other judicial or administrative proceedings.
	Simple Assault, 11/93, Refugio, TX. 
 
981223:	NJP for violation of UCMJ, Article 86 (2 Specs): Spec 1: UA from unit 981102 to 981111, Spec 2: UA from unit 981202 to 981212; violation of UCMJ, Article 87 (2 Specs): Spec 1: Miss ship’s movement on 981110, Spec 2: Miss movement of flight on 981202.
	Award: Forfeiture of $519.00 pay per month for 2 months (suspend 1 month for 3 months), restriction and extra duty for 30 days, reduction to E-1.  No indication of appeal in the record.

981223:	Retention Warning:  Advised of deficiency (CO’s NJP held on 981223 for violation of UCMJ, Article 86 (2 Specs), Unauthorized absence from unit, and Article 87 (2 Specs), Missing ship’s movement), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

990122:	NJP for violation of UCMJ, Article 86 (4 Specs): Failure to go to appointed place of duty.
	Award: Confinement on Bread & Water for 3 days.  No indication of appeal in the record.

990409:	Retention Warning:  Advised of deficiency (Failure to pay lawful debts from Dec 98 through Apr 99.  Letters of indebtedness were received from Pioneer Lending, the Finance Company and Charge Jewelers during this period.  Your LCPO solved these problems for you and started allotments to ensure payment), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

000526:	NJP for violation of UCMJ, Article 80 (2 Specs): Attempt to steal; violation of UCMJ, Article 81: Conspiracy; violation of UCMJ, Article 86 (3 Specs): UA from unit (1 Spec), Failure to go (2 Specs); violation of UCMJ, Article 92: Violate a lawful general order (underage drinking); violation of UCMJ, Article 123 (2 Specs): Forgery.
Award: Forfeiture of $563.00 pay per month for 2 months, restriction and extra duty for 45 days, reduction to E-1.  No indication of appeal in the record.

000614:	NJP for violation of UCMJ, Article 128: Assault.
	Award: Confinement on Bread & Water for 3 days, reduction to E-1.  No indication of appeal in the record.

000623:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense.

000623:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

000711:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and misconduct due to commission of a serious offense. 

000717:	Commander, Carrier Group EIGHT authorized 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 20000727 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).

Issue 1.  A characterization of service of under other than honorable conditions is warranted when the member's conduct constitutes a significant departure from that expected of a sailor.  The Applicant’s service was marred by award of nonjudicial punishment (NJP) on four occasions and adverse counseling entries on other occasions.  No other narrative reason more clearly describes the circumstances surrounding the Applicant’s processing for administrative separation.  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.  The evidence of record does not demonstrate that the Applicant was not responsible for his conduct or that he should not be held accountable for his actions.  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 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, to enhance employment opportunities, or for good conduct in civilian life, subsequent to leaving the service.  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), 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