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

FOR OFFICIAL USE ONLY

ex-EM3, USNR
Docket No. ND06-00441

Applicant’s Request

The application for discharge review was received on 20060131.  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 20061214.  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 due to a pattern of misconduct.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues, as stated

Applicant’s issues, as stated on the application and letter:

“Dear DRB:

The following issues are the reasons I believe my discharge should be upgraded to Honorable.  If you disagree, please explain in detail why you disagree.  The presumption of regularity that might normally permit you to assume that the service acted correctly in characterizing my service as less than honorable, does not apply to my case because of the evidence I am submitting.

Clemency is warranted because it is an injustice for me to continue to suffer the adverse consequences of a bad discharge.

I have given the U.S. Navy and Reserve 16 years of good dedicated service.  When I reached higher tenure for my rate, I continued under VTU and went to school and took corresponding courses to change my rate from Electrician to Master at Arms, all on my own time. I continued to show honor and respect for the service I represented.

Under current standards, I would not receive the type of discharge that I did.

When I filed for bankruptcy, I put the card the Navy let me use under the filing.  I was discharged for that debt, but the Navy punished me unfairly for my financial problems…I was living in a hotel after the bankruptcy, unable to find a place to live for my family and I.  I had to find a way to bridge the income gap.  I know now I should have talked with someone before things got out of hand, but I was too ashamed to do so.

My average conduct and efficiency ratings/behavior and proficiency marks were good.

All through my military career, I have maintained the highest standard as a member of the Armed Forces.  In my records, you will see numerous awards and recommendations and appreciations given me by all commands I have with in the Navy and Reserve.  There has not been an evaluation that has not expressed how highly I was regarded and respected by my peers and by those whose command I was under.  For all my years in the military and civilian jobs, I have given my best and continue to do and give my very best.

My record of promotions showed I was always a good service member.  I had several prior honorable discharges.  I have been a good citizen since my discharge.

Personal problems impaired my ability to serve along with some financial problems impaired my ability to serve.  These issues no longer exist.  I have been able to correct those problems.

I feel the problems were overwhelming at that time.  I really didn’t have the training in how to resolve my money problems such as homelessness and budgeting and keeping my family with what they needed, while I tried to take on extra jobs, pay off outstanding debts - I was literally drowning in debt.  I didn’t know where to turn.  I wanted to continue with my military career.  That’s why I joined my VTU.

I feel, with all the good I have done for my country, I should not be punished with a less than honorable discharge.  I have shown that I am an honorable person and I have done and continue to do good things with my life.  I still work for the government as a civilian and I wish to be cleared of the tarnish a less than fully honorable discharge would give me and my family, mostly my children.  My image as a sailor, man and father is attached about how my service to my country is viewed.  I feel I am entitled to a clean slate and my discharge be changed to reflect the good service time I gave to the Navy.”

Documentation

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

On Line Verification of Selective Service Registration
VTU 1314G Personnel Roster
Reserve Billet Training Requirements
Contents/Review and Verification
Cover of magazine, USS America (CV 66)
Progress Review, dtd February 28, 2005
Copy of the front of the Applicant’s DOD Civilian ID
Copy of the back of the Applicant’s DOD Civilian ID
Notification of Personnel Action, effective date of April 5, 2002
NAVPERS 1070/604 (2 copies)
Naval Reserve Center Great Lakes Indoctrination Schedule Contact information
Notification of Personnel Action, effective date of October 18, 2004
Notification of Personnel Action, effective date of October 18, 2004 (corrections)
Notification of Personnel Action, effective date of May 29, 2005
Application for Federal Employment – Form 612, dtd June 12, 2005 (2 pages) (2)
Notification of Personnel Action, effective date of May 01, 2005
Notification of Personnel Action, effective date of May 01, 2005 (corrections)
Notification of Personnel Action, effective date of May 01, 2005 (corrections)
Notification of Personnel Action, effective date of October 18, 2004
Notification of Personnel Action, effective date of November 28, 2004
Notification of Personnel Action, effective date of October 18, 2004
Notification of Personnel Action, effective date of November 28, 2004
Notification of Personnel Action, effective date of April 05, 2002
Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines  (2 pages)
Area Central Mardac Request Form, dtd April 30, 2003
“How to Reenlist or Extend in the IRR” on-line form, dtd March 25, 2003
Front of Geneva Conventions identification card
Back of Geneva Conventions identification card
Applicant’s Resume (3 pages)
Confirmation of a contingent job offer, dtd March 15, 2004
Ltr from PACE, J_ F_, Human Resource Generalist, February 16, 2004
Character Reference ltr from A_ V_, Store Director, dtd June 20, 2005 (3 copies)
Ltr from PACE, confirmation of promotion, dtd September 8, 2004
Character Reference ltr from O_ L_, Senior Manager, dtd June 12, 2003
Copy of Illinois Drivers License
111 pages of Applicant’s Service record

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19820315 - 19830110	COG
	Active:    USN	19830111 - 19870109	HON
	Inactive:  USNR	19870110 - 19910713	HON
	Inactive:  USNR	19910714 – 19970405	HON
	
Period of Service Under Review:

Date of Enlistment:  19970406		Date of Discharge:  20020723

Length of Service (years, months, days):

	Active:    Unable to determine  
	Inactive:  Unable to determine

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  35

Years Contracted:  6 

Education Level:  12				AFQT:  28

Highest Rate:  EM3

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.7 (3)	Behavior:  3.0 (3)	OTA:  3.21

Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized, (as listed on the DD Form 214):  Navy Unit Commendation, Sea Service Deployment Ribbon (w/2 stars), Navy Expeditionary Medal, Meritorious Unit Commendation, Good Conduct Medal

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

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

Chronological Listing of Significant Service Events: 

970406:	Reenlisted this date for a term of 6 years. 

991002:	Applicant failed run portion of the Physical Readiness Test (PRT).

000520:	Applicant failed run portion of the Physical Readiness Test (PRT).

000916:	Applicant failed run portion of the Physical Readiness Test (PRT).

011021:	Applicant acknowledges understanding of Administrative Warning (Government Travel Charge Card (GTCC) Abuse Notification) for having abused the GTCC in the amount of $7213.84, and that further non-compliance or failure to adhere to the guidelines for the GTCC may result in administrative and/or disciplinary action under the Uniform Code of Military Justice as well as separation or transfer to the Individual Ready Reserve.

011118:	NJP for violation of UCMJ, Article 92:
	Specification:  In that EM3 F_ A_ (Applicant), having knowledge of a lawful order issued by the Commanding Officer, Naval Reserve Center Great Lakes to cease use of the Government Travel Charge Card and to repay the previously incurred expenses/charges which where unauthorized, an order which it was his duty to obey, did onboard Naval Reserve Center Great Lakes, on or about 011118, fail to obey the same.  No indication of punishment imposed or appeal taken in the record.

020113:	NJP for violation of UCMJ, Article 92:
	Award:  Reduction to E-3 and letter of reprimand.  No indication of appeal in the record.

020113:	Retention Warning:  Advised of deficiency (Violation of UCMJ Article 92 in that abused and failed to satisfactorily pay government credit charge card).  Notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

020306:	Administrative Separation Processing Notice Notification Procedure form prepared for Separation by Reason of Misconduct – Pattern of Misconduct.

020307:	YN2 M_ O. P_, USNR(TAR) declares and subscribes under oath that he mailed original Administrative Separation Processing Notice Notification Procedure form to Applicant via Certified Mail.

020402:	Certified Mail Receipt addressed to Applicant date-stamped by Base Post Office, NTC Great Lakes, IL.

020517:	Commanding Officer, Naval Reserve Center, Great Lakes recommends to Commander, Naval Reserve Readiness Command Midwest that the Applicant be discharged by reason of misconduct due to pattern of misconduct for with a characterization of service as General (under honorable conditions).  Commanding Officer’s comments:  As evidenced by enclosures (3) through (5), EM3 A_ (Applicant)’s performance is unsatisfactory and he is considered unqualified for further naval service.  I recommend separation from naval service.

020520:	Commander, Naval Reserve Readiness Command Midwest recommends to Commander, Naval Personnel Command that the Applicant be discharged by reason of misconduct due to pattern of misconduct for with a characterization of service as General (under honorable conditions).  

020723:	COMNAVPERSCOM directed that the Applicant be discharged by reason of misconduct due to a pattern of misconduct with a characterization of service as General (under honorable conditions).

Service Record contains a partial Administrative Discharge package. 

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20020723 by reason of misconduct due to a pattern of misconduct (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).  In the absence of the complete discharge package, the Board presumed regularity in the conduct of governmental affairs (E).

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.  The Applicant’s service during the period under review was marred by an administrative warning regarding abuse of the Government Travel Charge Card, a retention warning and 2 nonjudicial punishment proceedings for violations of Articles 92 of the UCMJ.  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 92 are considered serious offenses and a punitive discharge is authorized if adjudged at a special or general court-martial.  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.

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.  The NDRB is authorized to consider outstanding post-service factors in the recharacterization of a discharge, to the extent that such matters provide a basis for a more thorough understanding of the Applicant’s performance and conduct during the period of service under review.  After a complete review of the entire record, including the evidence submitted by the Applicant, the Board determined that the discharge was appropriate and that the evidence of post-service conduct was found not to mitigate the conduct which precipitated the discharge.  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 18, effective
12 Dec 1997 until 21 Aug 2002, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - PATTERN OF MISCONDUCT.

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 92, Failure to obey order or regulation.

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.

E.  Secretary of the Navy Instruction 5420.174D of 22 December 2004, Naval Discharge Review Board (NDRB) Procedures and Standards, Part II, Para 211, Regularity of Government Affairs.  

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