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

  ex-PRAR, USNR
Docket No. ND04-00274

Applicant’s Request

The application for discharge review was received on 20031203.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  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 20040728.  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 - 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.  “I believe I was singled out and not given a fair opportunity to continue my career in the United States Navy.  While on duty, I met an individual that claimed to be someone they were not.  I brought this person onboard my ship under my constant supervision.  During this time, the person’s true identity was discovered and a Security Alert was called and the person I was escorting was removed from the ship.

My commanding officer was very displeased with me and told me “I will get you out of My Navy”.  He said that he did not like to have to answer to his commanding officer for the situation I put him in.  I believe I was a victim of identity fraud and not responsible for this incident.

My CO decided to put me on a “suspended bust” and assigned me to the flight deck, knowing fully well, that I would be unable to hear my watch alarm when it came to muster.  He was correct.  I was only a few minutes late, twice.  That was enough to reduce my rank to E1, and subsequently, my discharge.  My CO had what he wanted, he got me out of HIS Navy.  I proudly served for 68 months without any prior offenses and my Naval career was cut well short of the 20+ years I wanted to contribute.”

Documentation

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

Certificate of completion, dated August 28, 1990
Meritorious Mast certificate, dated June 27, 1990
Certificate of Outstanding Physical Fitness, dated March 1989
Cover letters for letter of appreciation, dated June 22, 1988 and undated
Letter of appreciation, dated June 13, 1988
Letter of appreciation, dated August 13, 1987
Letter of appreciation, dated August 3, 1987

PART II - SUMMARY OF SERVICE

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

	Inactive: None
	Active:   None

Period of Service Under Review:

Date of Enlistment:  860618		Date of Discharge:  920219

Length of Service (years, months, days):

	Active:    050  08  02
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 (25 months extension)

Education Level:  12			AFQT:  27

Highest Rate:  PR3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.23 (8)	Behavior:  3.18 (8)		OTA:  3.43

Military Decorations:  None

Unit/Campaign/Service Awards:  GCM, NUC, NDSM, SASM with Bronze Stars (2), SSDR

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Pattern of misconduct, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

860619:	Applicant to active duty.

900618:	Applicant’s enlistment extended for 24 months.

911029:	NJP for violation of UCMJ, Article 86: Failure to report to place of duty on 911024.
	Award: Forfeiture of $200 per month for 2 months, restriction and extra duty for 30 days, reduction to PRAN.  Reduction suspended for 6 months.  No indication of appeal in the record.

911029:	Retention Warning from TACTICAL ELECTRIC WARFARE SQUADRON ONE THRITY SIX: Advised of deficiency (unauthorized absence.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

911226:	Vacate suspended reduction to PRAN awarded at Commanding Officer’s NJP dated 911029 due to continued misconduct.

911226:	NJP for violation of UCMJ, Article 111: Drunken driving.
	Award: Forfeiture of $422 per month for 2 months, restriction and extra duty for 45 days, reduction to PRAA.  No indication of appeal in the record.

920114:	NJP for violation of UCMJ, Article 86: Fail to go at the prescribed time to appointed place of duty on 911230 and 920102.
	Award: Forfeiture of $50 per month for 2 months, reduction to PRAR.  No indication of appeal in the record.

920114:	Tactical Electronic Warfare Squadron ONE THREE SIX notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense as evidenced by your nonjudicial punishment of 911226 for violation of UCMJ Article 111: drunken driving and misconduct due to a pattern of misconduct as evidenced by all punishments under the UCMJ in your current enlistment.

920114:	Applicant advised of rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights.

920117:	Evaluation:  Applicant meets D.S.M. III R criteria of dependence.  Recommend page 13 counseling.

920118:	Drug and Alcohol Abuse Report: Alcohol abuse, 1 to 3 times per week, ashore off duty.  Method of identification for this incident: Military police on 911224.  Physician found Applicant dependent and recommended separate via VA hospital.  Commanding Officer recommended separate via VA hospital.  Comments: Member has displayed continually declining performance in the past year, especially in military bearing and personal behavior.  Reason for report.  Member received DWI on night of 911224.  BAC 0.23.  NJP held on this incident for violation of Article 111 Drunk driving.  Awarded reduction in rate to PRAA, 45 days restriction and extra duty, forfeiture of $422 per month for 2 month.  Medical officer evaluated member as dependent.  Member determined to have no potential for future naval service.  Administrative separation recommended.

920118:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to a pattern of misconduct.

920128:	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 19920219 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 three occasions, which included violations of articles 86 and 111 of the UCMJ.  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 is inappropriate.  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, effective 15 Aug 91 until 
04 Mar 93), 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