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

 
ex-YNSN, USN
Docket No. ND04-00775

Applicant’s Request

The application for discharge review was received on 20040413.  The Applicant requests the characterization of service received at the time of discharge be changed to general/under honorable conditions.  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 20041029.  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 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

1.  “THE REASON WHY I BELIEVE MY DISCHARGE WAS INEQUITABLE IS BECAUSE IT WAS BASED ON ONE ISOLATED INCIDENT IN 15 MONTHS OF SERVICE WITH NO OTHER ADVERSE ACTION.  I AM RESPECTFULLY REQUESTING A GENERAL DISCHARGE.

     DURING THE 15 MONTHS OF SERVICE, I RECEIVED A LETTER OF COMMENDATION, SER 03/003785, 17 NOV 1994(ENCLOSURE PAGE 5); WAS SELECTED AS HONOR RECRUIT, SER 03/003837, 21 NOV 1994(ENSLOSURE PAGE 6-7); SELECTED JUNIOR SAILOR OF THE MONTH FOR MAY 1995(ENCLOSURE PAGE 8); AND RECEIVED A LETTER OF APPRECIATION, SER 00/2053, 08 AUG 1995(ENCLOSURE PAGE 9).  WHILE ENLISTED I COMPLETED YEOMAN “A” SCHOOL (ENCLOSURE PAGE 10), INTRODUCTION TO DATABASE III (ENCLOSURE PAGE 11) AND LEGAL CLERK COURSE S-512-0009 (ENSLOSURE PAGE 12).

LICENSED AND BONDED
     I AM PRESENTLY A SELF-EMPLOYED LICENSED AND BONDED PRIVATE PROCESS SERVER, WORKING ON BEHALF OF SHELBY COUNTY TENNESSEE GENERAL SESSIONS COURT (ENCLOSURE PAGE 13).  I HAVE RECENTLY BEEN REGISTERED WITH THE SHELBY COUNTY SHERIFF’S OFFICE FUGITIVE DIVISION AS A FUGITIVE RECOVERY AGENT, CERTIFIED THROUGH THE STATE OF TENNESSEE (ENCLOSURE PAGE14).

     IN THE STATE OF TENNESSEE, A LICENSE TO CARRY A WEAPON WILL NOT BE GRANTED TO THOSE MILITARY MEMBERS DISCHARGED UNDER OTHER THAN HONORABLE CONDITIONS.  I AM WILLING TO WAIVE ALL BENEFITS ASSOCIATED WITH A GENERAL DISCHARGE IF I CAN ONLY HAVE IT IN NAME TO SATISFY THE STATE OF TENNESSEES’ GUN LAW REQUIREMENT.  FURTHERMORE, IT IS ESSENTIAL FOR MY SAFETY IN MY PROFESSION.

     THE IRRESPONSIBILITY I DISPLAYED THAT LED TO MY OTHER THAN HONORABLE DISCHARGE WAS NOT THE SUM OF MY CHARACTER, ALTHOUGH THAT SINGLE INCIDENT HAS SHAPED ME INTO THE LAW-ABIDING INDIVIDUAL I AM TODAY.”

Documentation

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

Letter of Appreciation, dated November 17, 1994
Honor Recruit Letter, dated November 17, 1994 (2 Pages)
Junior Sailor of the Month Letter, dated May 1995
Letter of Appreciation, dated August 08, 1995
Yeoman “A” School Certificate of Completion, dated February 09, 1995
Introduction to Database Certificate of Completion, dated March 17, 1995
Legal Clerk Course Certificate of Completion, dated October 27, 1995
Process Server Bond Appointment Letter, dated July 25, 2001
Bail Agents Certificate, dated February 2, 2004
National Personnel Records Center Letter (2 Pages)
Copy of DD Form 214
Copies of Service Record (25 Pages)

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	940610 - 941018	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  941019		Date of Discharge:  960105

Length of Service (years, months, days):

	Active:    01  03  17
	Inactive:  None

Age at Entry:  20			Years Contracted:  4 

Education Level:  12			AFQT:  66

Highest Rate:  YNSN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  4.00 (1)	Behavior:  3.80 (1)		OTA:  3.80

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM, EPSM

Days of Unauthorized Absence:  None

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

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

Chronological Listing of Significant Service Events:

951206:	NJP for violation of UCMJ, Article 92:  Disobey a lawful order, violation of UCMJ, Article 107: Make false official statement, violation of UCMJ, Article 112A (2 Specs): Wrongfully possess marijuana.
	Award:  Forfeiture of $478 per month for 2 months, restriction and extra duty for 45 days, RIR to next inferior pay grade.  No indication of appeal in the record.
951213:	Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

951213:	Applicant advised of his 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.

951215:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense. 

951228:	CNMPC directed the Applicant's discharge under other than honorable conditions by reason of misconduct due to the commission of a serious offense.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19960105 under other than honorable conditions for misconduct due to the 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:  The Applicant states his discharge was based on one isolated incident.  The Applicant’s service was marred by the award of nonjudicial punishment (NJP) for violations of Articles 92, 107, and 112A of the Uniform Code of Military Justice (UCMJ).  There is credible evidence in the record that the Applicant used illegal drugs.  Even one instance of drug abuse warranted processing for separation.  Separation under these conditions generally results in characterization of service under other than honorable conditions.   Relief denied.

Additionally, the Board has no authority to upgrade a discharge for the purpose of enhancing employment opportunities.  Regulations limit the Board’s review to a determination on the propriety and equity of the discharge.  Relief denied.

The following is provided for the edification of the Applicant.  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 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’s evidence of post-service conduct was found not to mitigate his misconduct sufficient to warrant an upgrade to his discharge.   Therefore, no relief will be granted.

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 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 – 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