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

  ex-SR, USN
Docket No. ND05-00577

Applicant’s Request

The application for discharge review was received on 20050217.  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 20050727.  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:

“I am applying for an upgrade to my military discharge in 1993 from the United States Navy. I would like to have my discharge upgraded to a General Under Honorable Conditions, Since my discharge, I have been very involved in state and community activities involving the military.  I have been a member of my local American Legion Post 234 for the past 4 years, and Veterans of Foreign War Post.  Please consider my application and good standing with my community for my up grade.”

Documentation

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

Applicant’s DD Form 214

PART II - SUMMARY OF SERVICE

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

	Inactive: USNR (DEP)	901219 - 901226	COG
	Active:   None

Period of Service Under Review:

Date of Enlistment:  901227		Date of Discharge:  930803

Length of Service (years, months, days):

	Active:    02  07  08
	Inactive:  None

Age at Entry:  18			Years Contracted:  4 

Education Level:  12			AFQT:  53

Highest Rate:  OSSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.73 (3)		Behavior:  2.53 (3)		OTA:  2.73

Military Decorations:  None

Unit/Campaign/Service Awards:  National Defense Service Medal, Joint Meritorious Unit Award with bronze star, Southwest Asia Service Medal with bronze star, Sea Service Deployment Ribbon

Days of Unauthorized Absence:  None

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:

911206:	NJP for violation of UCMJ, Article 86: Absence from unit.
	Award: Reduction to E-1(suspended for 6 months), 15 days restriction and 15 days extra duty.  No indication of appeal in the record.

911206:	Retention Warning from [USS MERRIMAK (AO-179)]:  Advised of deficiency (Disrespect to your Senior, Improper wearing of the uniform and not having all uniform articles, and your inability to get to work on time), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

920113:	Punishment of RIR to OSSR suspended at CO’s NJP of 911206 vacated this date due to continued misconduct.
 
920113:	NJP for violation of UCMJ, Article 86: Absence from place of duty on 921220.
	Award: 30 days restriction to the ship and 30 days extra duty.  No indication of appeal in the record.

921106:	NJP for violation of UCMJ, Article 86: Failure to go to appointed place of duty on or about 0630, 921027.
	Award: Forfeiture of $392.85 pay per month for 1 month, restriction to the ship for 20 days and extra duty for 20 days.  No indication of appeal in the record.

921221:	NJP for violation of UCMJ, Article 92: Dereliction in the performance of her duties on 921216, violation of UCMJ, Article 91: (2 Specs), Insubordinate conduct toward a Chief Petty Officer on 921216.
	Award: Forfeiture of $392.95 pay per month for 2 months, restriction to the ship for 45 days and extra duty for 45 days.  No indication of appeal in the record.

930628:	NJP for violation of UCMJ, Article 91: Disobeying a Petty Officer.
	Award: Forfeiture of $407.00 pay per month for 1 month, restriction to the ship for 45 days and extra duty for 45 days.  No indication of appeal in the record.

930630:	USS MERRIMACK (AO-179) notified Applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by the six punishments under the UCMJ in your current enlistment.

930630:	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.

930706:	Commanding Officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

930723:	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 19930803 under other than honorable conditions for misconduct due to a pattern of misconduct (A).  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 (B and C).

An under other than honorable conditions discharge is warranted when significant negative aspects of a member’s conduct or performance of duty outweigh the positive aspects of the member's military record.  The Applicant’s service was marred by a retention warning, and five nonjudicial punishment proceedings (NJP) for violations of Articles 86, 91 and 92 of the UCMJ.  One 19920113, the Applicant’s reduction in rank, suspended at NJP on 19911206, was vacated due to her continued misconduct.  The Applicant’s conduct, which forms the primary basis for determining the character of her service, reflects her willful failure to meet the requirements of her contract with the U.S. Navy and falls far short of that required for an upgrade of her characterization of service.  Relief is not warranted.

Normally, to permit relief, a procedural impropriety or inequity must have occurred during the discharge process for the period of enlistment in question.  The Board discovered no impropriety after a review of Applicant’s case.  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 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.  As of this time, the Applicant has not provided any relevant documentation for the Board to consider.  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 documentation to support any claims of post-service accomplishments or any other evidence related to her 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 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 V, Para 502, Propriety.

C.  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