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

FOR OFFICIAL USE ONLY

ex-OSSR, USN
Docket No. ND06-00833

Applicant’s Request

The application for discharge review was received on 20060601.  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 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 20070329.  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 commission of a serious offense.

The NDRB did note administrative error(s) on the original DD Form 214.  Block 12a, “98 AUG  28,” Block 24, Character of Service, should read:  “UNDER OTHER THAN HONORABLE CONDITIONS,” Block 25, Separation Authority, should read:  “MILPERSMAN 1910-142,” Block 28, Narrative Reason for Separation, should read: “MISCONDUCT”, and Block 29, Dates of Time Lost During This Period, should read:  “99SEP14 TO 00JAN05; 00JAN21 TO 000214.”  The Commander, Navy Personnel Command, Millington, TN, will be notified, recommending the DD Form 214 be corrected or reissued, as appropriate.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Equity – Quality of service

Equity – Post 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 (Service 2)
Applicant’s letter, undated (2 pages)
Copy of  the Applicant’s Certified Agent identification card from the State of 	Pennsylvania
Copy of the Applicant’s Constable identification card from the State of Pennsylvania
Copy of the Applicant’s Constable Certification identification card issued by the 	Constables’ Education and Training Board, Pennsylvania Commission on Crime and 	Delinquency
Letter from D_ J. A_, Chief of Police, Bridgewater Borough in Pennsylvania, undated
Character Reference ltr from Chief G_ A. C_, Callery Borough Police, dated May 14, 2006
Character Reference ltr from J. W. H_, undated
Sixty-one pages from Applicant’s service record
Letter from Dr. L. J. G_, Med Emergency Data Systems
Letter from Chief of Police J. S_ , Commonwealth of Pennsylvania, dated January 2, 2007.

PART II - SUMMARY OF SERVICE

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

	Inactive:  USNR (DEP)	19980821 - 19980827	COG
	Active:    None

Period of Service Under Review:

Date of Enlistment:  19980828		Date of Discharge:  20000316

Length of Service (years, months, days):

	Active:    01  06  19  (Does not exclude lost time.)
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  139 days
	Confinement:		   None

Age at Entry:  20

Years Contracted:  4 (12-month extension)

Education Level:  12				AFQT:  61

Highest Rate:  OSSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.0 (1)			Behavior:  1.0 (1)		OTA:  1.33

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

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

UNDER OTHER THAN HONORABLE CONDITIONS/MISCONDUCT, authority:  MILPERSMAN, Article 1910-142.

Chronological Listing of Significant Service Events: 

990914:	Applicant to unauthorized absence at 0730, 990914.

990915:	Applicant missed movement.

000105:	Applicant from unauthorized absence at 1430, 000105 (113 days/surrendered).

000107:	NJP for violation of UCMJ, Article 86: Absence without leave.
Violation of UCMJ, Article 87: Missing movement.
	Award:  Forfeiture of $502.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1.  Forfeiture suspended for 6 months.  No indication of appeal in the record.

000121:	Applicant to unauthorized absence at 0143, 000121.

000203:	Applicant missed movement.

000203:	Applicant declared a deserter this date.

000215:	Applicant from unauthorized absence at 1507, 000215 (25 days/apprehended).

000229:	Forfeiture of pay awarded at NJP on 000107 vacated due to continued misconduct.

000229:	NJP for violation of UCMJ, Article 86: Absence without leave.
Violation of UCMJ, Article 87: Missing movement.
Violation of UCMJ, Article 134: Breaking restriction.
	Award:  Forfeiture of $502.00 per month for 2 months, restriction and extra duty for 45 days.  No indication of appeal in the record.

000316:	DD Form 214: Applicant discharged under other than honorable conditions by reason of misconduct due to commission of a serious offense.

Service Record did not contain the Administrative Discharge package.  

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 20000316 by reason of misconduct due to commission of a serious offense (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 presumption of regularity of governmental affairs was applied by the Board in this case in the absence of a discharge package (E).

Equity – Quality of service:  The Applicant contends that he was a good Sailor except for the misconduct that resulted in his discharge.

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 2 nonjudicial punishment proceedings for violations of Articles 86 and 87 of the UCMJ.  Violations of UCMJ Articles 86 (absence without leave, more than 30 days) and 87 (missing movement) are considered serious offenses 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 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.

Equity – Post service:  The Applicant states that he has matured and is pursuing a career in law enforcement.

The Board has no authority to upgrade a discharge for the sole purpose of enhancing employment or educational opportunities.  Regulations limit the Board’s review to a determination of the propriety and equity of the discharge. 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.  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 97 until 29 March 2000, Article 1910-142 [formerly 3630605]. SEPARATION 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, Articles 86 (absence without leave, more than 30 days) and 87 (missing movement)..

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