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

FOR OFFICIAL USE ONLY

  ex-AN, USN
Docket No. ND05-01413

Applicant’s Request

The application for discharge review was received on 20050822.  The Applicant requests the Discharge 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 designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 20060509.    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 General (Under Honorable Conditions) by reason of misconduct. 

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PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application:

“During my time in the Navy, I didn’t have the best experience after being discharged, I realized that my time in should have been more positive on my part.  I did not take advantage of al the opportunities the military had to offer me, and that I truly regret.  It took being discharged to realize that I had more potential than I thought.  I am now going ECPI College of Technology and will be graduating soon.  I hope that being upgraded to an honorable can give me an extra boost of confidence that I need to engage in my career as a network administrator.  I hope to be reconsidered.

Documentation

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

Applicant’s DD Form 214
Three pages from Applicant’s service record
Character Reference ltr from E_ W_, LT, CHC, USNR, undtd

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20000907 - 20000917	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20000918		Date of Discharge:  20031120

Length of Service (years, months, days):

	Active:    03  02  03
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  20

Years Contracted:  4

Education Level:  12				AFQT:  49

Highest Rate:  AN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.0 (5)			Behavior:  2.4 (5)	OTA:  2.87

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Sea Service Deployment Ribbon, National Defense Medal

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

GENERAL (UNDER HONORABLE CONDITIONS)/MISCONDUCT, authority:  MILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events: 

000907:	Pre-service waiver for 1 non-minor misdemeanor (assault on female) granted.

010314:	NJP for violation of UCMJ, Article 92: Failure to obey order or regulation.
	Award:  Forfeiture of $585 per month for 1 month, restriction for 21 days, reduction to E-2.  No indication of appeal in the record.

020214:	NJP for violation of UCMJ, Article 134: Firearm, discharge through negligence.  No further information found in service record.  [Extracted from NAVPERS 107-.604, Awards.  Details extracted from Evaluation Report and Counseling Record dated 020723.]

030421:	NJP for violation of UCMJ, Article 92: Dereliction of duty.
	Award:  Forfeiture of $100 per month for 2 months, extra duty for 15 days.  No indication of appeal in the record.

031010:	NJP for violation of UCMJ, Article 91: Insubordinate conduct toward a Petty Officer.
Violation of UCMJ, Article 92 (2 specs):
Specification 1:  Failure to obey other lawful order.
Specification 2: Failure to obey other lawful order.
Violation of UCMJ, Article 134: Disorderly conduct.
	Award:  Forfeiture of ½ PPM for 2 months (suspended for 6 months), restriction and extra duty for 45 days, process of administrative separation.  No indication of appeal in the record.  [Extracted from supporting documents provided by the Applicant.]

031119:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of convenience of the government due to a pattern of misconduct, misconduct due to a commission of a serious offense, and 4 nonjudicial punishments on 010314, 020214, 030421, and 030421.
 
031119:	Applicant advised of rights and having elected not to consult with counsel with counsel, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

031120:	DD Form 214: Applicant discharged with a general (under honorable conditions) by reason of misconduct. due minor disciplinary infractions, authority:  MILPERSMAN, Article 1910-138.

060428:	Commanding Officer forwarded report of Applicant’s separation by reason of misconduct due to pattern of misconduct to Commander, Naval Personnel (Pers-3L).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20031120 by reason of misconduct due to minor disciplinary infractions (A and B) with a service characterization of general (under 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 (C and D).  

The Applicant regrets not taking advantage of all the opportunities the military had to offer, stating his “ time in should have been more positive”. The NDRB acknowledges the Applicant's regret and his realization that he displayed a lack of judgment at the time he was in service.  However, 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 the Applicant’s case.  Relief on this basis is not warranted.

The Applicant requests an honorable discharge. The Board advises the Applicant that 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.  A general 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.  Four nonjudicial punishment proceedings for violations of UCMJ Articles 91, 92 and 134 marred the Applicant’s service. The Applicant’s conduct, which forms the primary basis for determining the character of his service, reflects his willful failure to meet the requirements of his contract with the U.S. Navy and falls far short of that required for an upgrade of his characterization of service.  Relief is not warranted.

The NDRB advises the Applicant that certain serious offenses warrant separation from the Navy in order to maintain proper order and discipline. Violations of Article 91and 92 are considered serious offenses and typically warrant a punitive discharge if adjudged at a special or general court-martial.

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 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 character references, 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 sufficient post-service 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 additional evidence related to this 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 – COMMISSION OF A SERIOUS OFFENSE.

B.  The Manual for Courts-Martial authorizes the award of a punitive discharge if adjudged as part of the sentence upon conviction by a special or general court-martial for violation of the UCMJ, Article 91(Insubordinate conduct toward a Petty Officer) and Article 92 (Dereliction of duty; Failure to obey other lawful order).

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