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

FOR OFFICIAL USE ONLY

  ex-ENFN, USNR (TAR)
Docket No. ND05-01074

Applicant’s Request

The application for discharge review was received on 20050616.  The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to general (under honorable conditions).  The Applicant requests a personal appearance discharge review before a traveling panel.  In the acknowledgement letter, the Applicant was informed that the Naval Discharge Review Board (NDRB) does not travel; all hearings are held in the Washington DC area.  The NDRB also advised that the board first conducts a documentary review prior to any personal appearance hearing.  The Applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20051117.  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 and reason for discharge shall not change.  The discharge shall remain Under Other Than Honorable Conditions by reason of misconduct due to a pattern of misconduct.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as attached letter:

“Dear Board Members, 
	I S_ L. H_ (Applicant) was enlisted in the United States Navy in 28 August 2000 to 2 April 2002.  I received an other than honorable discharge, due to my pattern of misconduct.  
	I would like to respectfully request a discharge upgrade.  Theirs no excuse for my actions that I have done in the past.  But, I assure you that I have learned from my action mistakes.  Also, I have become stronger and more intelligent individual that makes better choices in life.  Currently I’m twenty-three year old and receiving a degree in business management at Wake Technical Community college in December of 2005.  My dream and my career goal is to become to be in Law enforcement with North Carolina Highway patrol.  Given my past experiences and the corrective wisdom gained I can influence others to live a positive way of life.

P.S: Thanks you for taking this letter in concentration (Have a bless day).

[signed] S_ L. H_ (Applicant)

Documentation

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

Character Reference ltr from Professor E. F. M_, Wake Technical Community College, dtd May 12, 2005
Character Reference ltr from C_ H_, Sgt. USAF, father, dtd May 12, 2005
Character Reference ltr from G_ J_ B_ J_, dtd May 13, 2005
Character Reference ltr from G_ M_, dtd May 13, 2005
Criminal/Infraction Record Check from State of North Carolina, Wake County, dtd May 12, 2005  (4 pages)

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:  20000531		Date of Discharge:  20020402

Length of Service (years, months, days):

	Active:    01  07  05  (Does not include lost time.)
	Inactive:  00  02  28

Time Lost During This Period (days):

	Unauthorized absence:	14 days
	Confinement:			None

Age at Entry:  18 

Years Contracted:  8 

Education Level:  12				AFQT:  38

Highest Rate:  ENFN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NA*			Behavior:  NA*		OTA:  NA*

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214:  None

* Not Available

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority:  MILPERSMAN, Article 1910-140 (formerly 3630600).

Chronological Listing of Significant Service Events: 

000828:	Commenced active duty for a period of 48 months under the TAR Program. 

010524:	NJP for violation of UCMJ, Article 92:  Underage drinking.
Violation of UCMJ, Article 134:  Drunk and disorderly.
Award:  Forfeiture of $521.40 pay per month for 1 month, restriction and extra duty for 45 days.  No indication of appeal in the record

010528:	Retention Warning:  Advised of deficiency (Violation of UCMJ Article 92 – Underage Drinking and Violation of UCMJ Article 134 – Drunk and disorderly as evidenced by Applicant’s Nonjudicial Punishment on 24 May 2001), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.
	Applicant chose not to make a statement.

011004:	NJP for violation of UCMJ, Article 86:  Unauthorized absence,
	violation of UCMJ, Article 91:  Disrespect to a Chief Petty Officer, violation of UCMJ Article 92 (2 specs):  Disobey other Lawful Order,
violation of UCMJ, Article 134:  Disorderly conduct and communicating a threat.
	Award:  Forfeiture of $521.40 pay per month for 2 months, 30 days correctional custody.  No indication of appeal in the record.

011004:	Medical evaluation by medical department on USS INCHON (MCS 12):  19 year old female brought to medical because of possible threat of harm to self.  As per patient:  No suicidal ideation/homicidal ideations.  Patient upset after results of CO NJP.  Patient speaks on clear sentences but is tearful.  Poor eye contact.  Not willing to talk more than answering direct questions.  Denies strongly:  suicidal ideation/homicidal ideations.
	Assessment:  Depression due to current situation.
	Plan:  (1) Patient to contact for safety, (2) Master of Arms and her Commander in charge will check patient periodically throughout evening and will inform medical of any changes/concerns, (3) Return to counseling on October 5, 2001 for confinement physical evaluation.

011228:	Applicant to unauthorized absence at 0700 on 011228.

020111:	Applicant from unauthorized absence at 0700 on 020111 (14 days/surrendered).

020210:	Applicant arrested by Corpus Christi Police Department, Corpus Christi, TX, for public intoxication.  [Extracted from CO’s letter].

020214:	Applicant notified of intended recommendation for discharge by reason of misconduct due to pattern of misconduct.  Applicant notified that the least favorable characterization of service possible is under other than honorable conditions.

020214:	Applicant advised of rights and having consulted with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

020306:	Commanding Officer, USS INCHON (MCS 1), recommended to Commander, Mine Warfare Command, that the Applicant be discharged under other than honorable conditions by reason of misconduct due to pattern of Misconduct.  Commanding Officer’s comments:  “Engineman Fireman Apprentice H_ (Applicant), appeared at Commanding Officer’s Nonjudicial Punishment on 24 May 2001 for underage drinking and drunk and disorderly.  She then appeared again on 05 October 2001 for unauthorized absence, disrespect towards a Chief Petty Officer, disobeying other lawful orders, disorderly conduct, and communicating a threat and was awarded 30 day correctional custody.  ENFA H_ (Applicant), has been given numerous opportunities to correct her attitude and deficiencies, but she continues to commit more misconduct as shown by her involvement with civilian authorities.  She continues to disrespect others and disobey orders given to her.  ENFA H_ (Applicant) has no respect for the Naval service and continues to be a burden upon this command.  Engineman Fireman Apprentice H_ (Applicant)’s inability to adapt to the Navy rules and regulations proves that she has no potential for further Naval service.  I recommend expeditious administrative separation under Other Than honorable Conditions.”

020322:	Commander, Mine Warfare Command, authorized the Applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

020402:	Applicant discharged in absentia under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

The Service Record was missing elements of the Summary of Service.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020402 by reason of misconduct due to a pattern of misconduct (A) with a service characterization under other than honorable conditions.  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).

When the service of a member of the U.S. Navy has been honest and faithful, it is appropriate to characterize that service as honorable.  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 was awarded nonjudicial punishment (NJP) on 20010524 for violations of UCMJ Articles 92, for underage drinking and Article 134, disorderly conduct.  Subsequent to this NJP, the Applicant was administratively warned by issuance of a NAVPERS 1070/613 Counseling/Retention warning that further misconduct could result in administrative separation.  On 20011004, the Applicant was awarded a second NJP for violations of UCMJ Articles 86, unauthorized absence, 91, disrespect to a Chief Petty Officer, 92, orders violations, and 134, disorderly conduct and communicating a threat.  Subsequent to this NJP, the Applicant was arrested by the Corpus Christi Police Department on civilian charges of public intoxication.  Under applicable regulations, the Applicant’s misconduct did in fact constitute a pattern of 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.  Such conduct falls far short of that expected of a member of the U.S. military and does not meet the requirements for an upgrade of her characterization of service.  Relief is not warranted.

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 could 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 Board received and considered all of the Applicant’s submissions, including her character reference letters, her educational achievements, and her criminal records check.  After careful consideration, the Board concluded the Applicant’s post-service achievements have been insufficient to mitigate her misconduct while in the Naval service.  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 any additional 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 18, effective
12 Dec 1997 until 21 Aug 2002, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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