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

 
 ex-AA, USN
Docket No. ND03-00680

Applicant’s Request

The application for discharge review was received on 20030310.  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 San Jose, CA  95136 or a record review.  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 20040312.  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/PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “Dear review board:

I am requesting an opportunity to have my discharge changed from other than honorable, too honorable. I have been a productive member of my community since my release from service. Launching a successful career as an outside salesman Industrial account manager for the bay areas largest distributor of wood working machinery, and advanced panel processing CNC capitol machinery. I’ve kept myself out of trouble and no longer participate in adolescent behavior. I will be the first to admit that my career in the navy was unsatisfactory! At the same time please reflect on the fact of my rapid advancement including promotion directly out of boot camp. I was a good sailor and great flight deck firefighter as a member of crash and salvage winning the A_ (A_?) award. I did my tour in the golf earning a desert shield, which I am proud of. I have no excuse for my inexcusable actions, but I do have brief explanation of the chain of events leading up to my demise. I joined the Navy to escape the common rut that most teens in my neighborhood were in or approaching fast. I requested to be stationed in Japan. Basically anywhere but where I came from. Instead I was sent right back home. Which was fine, but I did not have the proper amount of time away from the life led. To allow the Navy life to take its proper course. Instead I just incorporated it into my old life style. Things became worse for me in Bremerton WA. They had us living in hotels in a bad part of Tacoma WA. Known for its drugs and prostitution. It was an element that even shocked me. I made some bad decisions that cosseted me more than I could realize then. They say hind site is twenty-twenty boy is that the truth? Now have a beautiful wife and four daughters ages 8, 5, 3, and 2 all-future Navy cadets. I was in the service from 19 till 21 and made some mistakes that now affect my entire family and me. Please allow me to stop the shame and embarrassment, from robbing my family and the Navy of the best I have to offer. They were very dumb stupid and selfish things I had done as a young punk!!! Pleases believe my sincerity and review this with an open mind, and judge me as you see fit. I trust and respect your decision.

I was a good mate and,
my honor is intact!

J_ G_ (Applicant)”

Documentation

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

Applicant’s DD Form 214
Thirty-eight pages from Applicant’s service record
Flyer from CB Tool and Supply Company with Applicant’s picture

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	940603 - 940614	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  940615		Date of Discharge:  960408

Length of Service (years, months, days):

	Active:    01  09  24
	Inactive:  None

Age at Entry:  19			Years Contracted:  4

Education Level:  9			AFQT:  53

Highest Rate:  AN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.50 (2)	Behavior:  3.40 (2)		OTA:  3.70
Performance:  2.00 (1)	Behavior:  2.00 (1)		OTA:  2.00

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, SASM with Bronze Star, SSDR

Days of Unauthorized Absence:  1

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

950427:	NJP for violation of UCMJ, Article 109: Willfully and wrongfully destroy by kicking and breaking the sinks and toilets in a female restroom, violation of UCMJ, Article 134 (2 specs): Possession of alcohol while under the age of 21 and drunk and disorderly.
	Award: Forfeiture of $477 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

950427:	Retention Warning:  No further information found in service record.  [Extracted from Commanding Officer’s message dated 960308.]
	
960202:	NJP for violation of UCMJ, Article 112A: Wrongfully use marijuana on 951220, violation of UCMJ, Article 86 (4 specs): (1) Unauthorized absence from unit on 0700-1130, 960112, (2) Unauthorized absence from unit on 0700-0830, 860113, (3) Unauthorized absence from unit on 0700-1130, 960130, (4) Unauthorized absence from 1230-1100, 960202, violation of UCMJ, Article 91: Willfully disobey an order from a petty officer on 960113.
Award: No found in service record.  No indication of appeal in the record.  [Extracted from Commanding Officer’s message dated 960308.]

960215:	USS ABRAHAM LINCOLN notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense, misconduct due to a pattern of misconduct and misconduct due to drug abuse as evidenced by all punishments under the UCMJ during your current enlistment.  [Extracted from Commanding Officer’s message dated 960308.]

960216:	Applicant advised of 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 and to submit a statement.  [Extracted from Commanding Officer’s message dated 960308.]

960221:	Medical evaluation: Applicant found not dependent on drugs or alcohol.

960308:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense, misconduct due to a pattern of misconduct, and misconduct due to drug abuse.

960318:	NJP.  No further information found in service record.  [Extracted from Enlisted Performance record.]

960322:	BUPERS 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 19960408 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.  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 naval service.  The Applicant’s service record was marred by award of two non-judicial punishments (NJP’s) for destroying government property, possession of alcohol while underage, drunk and disorderly conduct, and wrongful use of marijuana.  These offenses warranted processing for separation under other than honorable conditions.  Relief denied.

The following is provided for the edification of the Applicant.  The NDRB is authorized, however, to consider post-service factors in the recharacterization of a discharge to the extent such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  Examples of documentation that should be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, and certification of non-involvement with civil authorities.  

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 documentation to support any claims of post-service accomplishments or any other evidence pertaining to his discharge 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 9, effective 
22 Jul 94 until 02 Oct 96), 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