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

  ex-SA, USN
Docket No. ND05-00378

Applicant’s Request

The application for discharge review was received on 20041227.  The Applicant requests the characterization of service received at the time of discharge be changed to honorable.  The Applicant requests a documentary record 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 20050214.  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

No issues were submitted by the Applicant.

Documentation

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

Applicant’s DD Form 214
Four pages from Applicant’s service record

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	911209 - 921021	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  921022		Date of Discharge:  931130

Length of Service (years, months, days):

	Active:    01  01  08  (Does not include lost time)
	Inactive:  None

Age at Entry:  19			Years Contracted:  4 (24 months extension)

Education Level:  11			AFQT:  43

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.60 (2)		Behavior:  3.13 (3)		OTA:  3.40

Military Decorations:  None

Unit/Campaign/Service Awards:  NDSM

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:

921023:	Retention Warning from Recruit Quality Assurance:  Advised of deficiency (fraudulent entry as evidenced by failure to disclose pre-service civil involvement, i.e., runaway, 8/86, Houston, TX, supervised probation), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

930317:	Retention Warning from Naval School of Dental Assisting and Technology:  Advised of deficiency (disobeying a direct order), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

930317:	NJP for violation of UCMJ, Article 92 (2 specs):  Failed to obey lawful orders on 930312.
Award: Forfeiture of $456, restriction and extra duty for 30 days.  No indication of appeal in the record.

930330:	NJP for violation of UCMJ, Article 86: UA from work detail on 930324.
	Award: Restriction and extra duty for 30 days.  No indication of appeal in the record.

930401:	Retention Warning from Naval School of Dental Assisting and Technology:  Advised of deficiency (unauthorized absence), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

930414:	NJP for violation of UCMJ, Article 92:  Failed to obey lawful order on 930410; violation of UCMJ, Article 134: Wrongful use of an official pass on 930410.
Award: Forfeiture of $456.  No indication of appeal in the record.

930415:	Retention Warning from Naval School of Dental Assisting and Technology:  Advised of deficiency (unauthorized pass offense and failure to obey a lawful order), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

930629:	Retention Warning from USS ACADIA (AD 42):  Advised of deficiency (pattern of misconduct), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

931017:	To UA at 0545.

931018:	From UA at 0445 (1 day/S).

931104:	NJP for violation of UCMJ, Article 112a: Wrongful use of methamphetamine on 931018.
Award: Forfeiture of $456 per month for 2 months, restriction and extra duty for 45 days, reduction to E-2.  No indication of appeal in the record.

931104:	USS ACADIA (AD 42) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, drug abuse and commission of a serious offense as evidenced by your record of NJPs.

931104:	Applicant advised of rights and having consulted with counsel certified under UCMJ Article 27B, elected the right to obtain copies of the documents used to support the basis for the separation and to submit a statement.  [Applicant made no annotation concerning an administrative discharge board, therefore it is presumed that he waived this right.]

931111:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct, drug abuse and commission of a serious offense. 

931117:	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 19931130 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).

The Applicant introduced no decisional issues for consideration by the Board.  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 for disobedience of lawful orders, unauthorized absences, using illegal drugs, and wrongful use of an official pass.  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 or under honorable (general) characterization of service.  An upgrade is inappropriate.  Relief denied.

The Applicant’s discharge characterization accurately reflects his service to his country.  Normally, to permit relief, an inequity or impropriety must have existed during the period of enlistment in question.  No such inequity or impropriety 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, or 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 5, effective 05 Mar 93 until 21 Jul 94), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - A PATTERN OF MISCONDUCT. 

B.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 502, Propriety.

D.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part V, Para 503, Equity.

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 “http://Boards.law.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:

		Secretary of the Navy Council of Review Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  20374-5023