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

ex-HN, USN
Docket No. ND03-01305

Applicant’s Request

The application for discharge review was received on 20030801.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a personal appearance hearing discharge review before a traveling panel.  The Applicant did not list any representative on the DD Form 293.  In the acknowledgement letter, the Applicant was informed that the Board first conducts a documentary record review prior to any personal appearance hearing and also advised that the Board does not travel, all hearings are held in the Washington National Capital Region.  

Decision

A documentary discharge review was conducted in Washington, D.C. on 20040617.  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: GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority: NAVMILPERSMAN, Article 1910 - 142 (formerly 3630605).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “During my brief tour in the navy I grew from a kid on the streets in a ghetto in Houston to a man who now I can appreciate.  Others always believe in me, but I didn’t have the same faith in myself.  I was lost, a 19 year old kid who didn’t understand the ways of the world without proper guidance, I have no one to blame for the heartache but myself, however I have everyone who believe in me to thank for my success.  This is a letter I could not write a few years back.  With my new maturity I now want to take all good faith given to me, and give back by doing something extraordinary without assistance, and now I’m not ashamed to ask for help.  Three years ago I cried for help.  Not just for me but for the woman I called myself being there for.  My first love, and being just teenagers not knowing the consequences of what was to come.  I was found guilty of going back to her but aquitted of all violent charges and allegation.  We were both hurt and I provoked it all.  I was never taught to put my playstation controller down when your woman’s around but this was the real issue.  She was mad, upset, felt neglected.  This was the reason I choose to go back to her (Disobeying the judge orders) people have domestic disputes all the time “C__ D___, J___ K___, M___ J___.”etc.  I know I didn’t do what I was accused of and it hurt like hell looking at her when she lied.  It hurt even more when the police found humor in the situation.  At that point I wanted to die.  I knew my life was over.  My cries went unheard.  On March 3, 2000 my naval career ended.  I took so much pride in my job all I wanted to do was train again.  My dream came true the next year when I became the trainer of a marketing company.  Now I’m 23 almost four years later.  C__ and I are good friends to this day with no drama.  We both sincerely apologized to our families.  And now I’m sincerely writing this apology to you, and the rest of the navy.  I now understand why. I now understand because of my family who was by my side throughout these trying times.  I thank T___ J___ for his fatherly like guidance.  Thank you senior chief B___, LCDR B___, my ex-extended family, and I apologize for my immaturity.”

Documentation

In addition to the service record, NO DISCHARGE PACKAGE AVAILABLE, the following additional documentation, submitted by the Applicant, was considered:

Letter of Completion (Domestic Violence Counseling) dated January 14, 2003
Handwritten Reference Letter
Copy of Administrative Remarks (Transcript of Instruction) 
Copy of Travel Certificate

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	970918 - 980714	COG
	Active:   USN 			None

Period of Service Under Review:

Date of Enlistment:  980715		Date of Discharge:  000513

Length of Service (years, months, days):

	Active:    01  09  19
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 (12 months extension)

Education Level:  12			AFQT:  53

Highest Rate:  HN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.00 (2)	Behavior:  2.00 (2)		OTA:  2.08

Military Decorations:  None

Unit/Campaign/Service Awards:  None

Days of Unauthorized Absence:  None

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-142 (formerly 3630605).

Chronological Listing of Significant Service Events:

000503	Member discharged with a general (under honorable conditions) for misconduct due to commission of a serious offense.

NO DISCHARGE PACKAGE AVAILABLE.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000503 with a general (under honorable conditions) for misconduct due to commission of a serious offense (A).  In the absence of a discharge package, the Board presumed regularity in the conduct of governmental affairs (B), and, after a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, found that the discharge was proper and equitable (C and D).

Issue 1.  A characterization of service of general (under honorable conditions) is warranted when the member’s conduct constitutes a significant departure from that expected of a Sailor.  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.  It must be noted that most Sailors serve honorably and well and therefore earn honorable discharges.  In fairness to those Sailors, commanders and separation authorities are tasked to ensure that undeserving Sailors receive no higher characterization than is due.  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 or any other evidence relating 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 28, effective 
30 Mar 00 until 29 Aug 00, Article 1910-142  [formerly 3630605]. SEPARATION 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