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

FOR OFFICIAL USE ONLY

ex-AOAR, USN
Docket No. ND06-00625

Applicant’s Request

The application for discharge review was received on 20060404.  The Applicant requests that 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 20070125.  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 by reason of misconduct due to a pattern of misconduct.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Equity – Quality of service

Documentation

In addition to the service and medical records, the following additional documentation, submitted by the Applicant, was considered:

Applicant’s DD Form 214 (Member 1 and 4)

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	20020226 - 20020326	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  20020327		Date of Discharge:  20040610

Length of Service (years, months, days):

	Active:    02  02  14  (Does not exclude lost time.)
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  80 days
	Confinement:		  None

Age at Entry:  20

Years Contracted:  4 (12-month extension)

Education Level:  12				AFQT:  52

Highest Rate:  AOAA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  3.0 (4)		Behavior:  1.3 (4)		OTA:  2.34

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

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: 

030820:	Retention Warning:  Advised of deficiency (DRB held on 030815 for violation UCMJ Article 86.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

031103:	Applicant to unauthorized absence at 1430 on 031103 from PATRON Squadron Sixteen at Jacksonville, FL

031104:	Applicant from unauthorized absence at 1825 on 031104 at Naval Air Station, Jacksonville, FL on bd Patrol Squadron Sixteen (1 days/surrendered).

031201:	Applicant to unauthorized absence at 1430 on 031201 from PATRON Sixteen at Jacksonville, FL.

031208:	Applicant from unauthorized absence at 1540 on 031208 at Naval Air Station Jacksonville on bd Patrol Squadron Sixteen at Jacksonville, FL (7 days/surrendered).

040122:	NJP for violation of UCMJ, Article 86 (2 specs): Unauthorized absence.
	Award:  Forfeiture of ½ month’s pay for 2 months, restriction and extra duty for 45 days, reduction to E-2 (Suspended).  No indication of appeal in the record.

040202:	Medical evaluation at Occupational Health Clinic, Jacksonville, FL by K_ A_, MD, Occupational Medicine.  Applicant undergoes a hazard evaluation
	Assessment:  Pregnancy.  Restricted duty until delivery.  Avoid work on scaffolds/ramps/ladders. Avoid work on unenclosed heights. After 040603 avoid excessive noise. 	No work with JP-5.
	Plan:  Pt (Applicant) may work on flight line until 040603 but cannot perform fuel sampling, fueling A/C, or work at unenclosed heights.  
	
040220:	NJP for violation of UCMJ, Article 86 (4 specs): Unauthorized absence on 040126, 040127, 040128, and 040129.
	Award:  Forfeiture of $596.00 per month for 2 months, restriction for 45 days, reduction to E-1.  No indication of appeal in the record.

040321:	Applicant to unauthorized absence on 040321.  [Extracted from DD Form 214, Block 29.]

040601:	Applicant from unauthorized absence on 040601 (72 days).  [Extracted from DD Form 214, Block 29.]

040604:	NJP for violation of UCMJ, Article 86: Absent without leave.
	Award:  Forfeiture of half month’s pay for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

040610:	DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to pattern of misconduct, authority:  MILPERSMAN 1910-140.

Service Record did not contain the Administrative Discharge package. 
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 20040610 by reason of misconduct due to a pattern of misconduct (A and B) with a service characterization of under other than honorable conditions.  After a thorough review of the available records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).  The Board presumed regularity in the conduct of governmental affairs (E).

Equity – Quality of service:  The Applicant contends that her discharge should be upgraded because she did not hurt anybody and always did her job.

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’s service was marred by a retention warning and 3 nonjudicial punishment proceedings for multiple violations of Article 86 (unauthorized absence) of the UCMJ.  The Applicant’s misconduct includes a 72 day period of unauthorized absence.  Unauthorized absence for a period greater than 30 days is considered a serious offense for which a punitive discharge is authorized if adjudged by a special or general court martial.  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.

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), re-issued October 2002, effective 22 Aug 2002 until 25 April 2005, 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 86 (Unauthorized absence for more than 30 days).

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 Instruction 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Instruction.  You should read Enclosure (5) of the Instruction 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 Instruction 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