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

FOR OFFICIAL USE ONLY

ex-SA, USN
Docket No. ND06-01012

Applicant’s Request

The application for discharge review was received on 20060427.  The Applicant requested that his characterization of service received at the time of discharge be changed to honorable.  The Applicant requested a personal appearance hearing before the Board in the Washington, D.C. metropolitan area.  The Applicant designated a private representative as his representative on the DD Form 293, however later informed the NDRB that he will be without representation.

Decision

A personal appearance hearing was conducted in Washington, D.C. on 20070912.  After a thorough review of the records, supporting documents, facts, testimony of the Applicant, 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 Applicant’s characterization of service received at the time of discharge shall not change.  The discharge shall remain General (Under Honorable Conditions) by reason of misconduct due to a pattern of misconduct.

PART I - ISSUES AND DOCUMENTATION

Decisional Issues

Submitted by Applicant on day of hearing:  

Post Service equity – “Since my discharge I have grown a great deal as a person.  I have not had any legal trouble.  I have dedicated my life to helping others, as evidenced by my chosen profession.  I live a humble existence and have become a responsible adult.  I have remained steadily employed since my discharge, with no discipline issues.”

Documentation

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

Letter from Applicant dated April 20, 2006
Statement from the Applicant dated August 06, 2007
Character reference from P_ D. F_, Lieutenant at Ridgewood Fire Department
Character reference from B_ G_, Chief of Police

PART II - SUMMARY OF SERVICE

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

	Inactive: USAFR (DEP)	19940311 – 19940707 ELS (Refused to obligate)
	Inactive:  USNR (DEP)	19940729 – 19940814 COG
	
Period of Service Under Review:

Date of Enlistment:  19940815		Date of Discharge:  19970716

Length of Service (years, months, days):

	Active:    02 11 02  
	Inactive:  None

Time Lost During This Period (days):

	Unauthorized absence:  None
	Confinement:		  None

Age at Entry:  19 

Years Contracted:  4 

Education Level:  12				AFQT:  78

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  2.5 (5) 		Behavior:  2.5 (5) 		OTA:  2.52 (5)

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

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

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

Chronological Listing of Significant Service Events: 

950829:	NJP for violation of UCMJ, Article 86:  Unauthorized absence from Morning Quarters at 0645, 960807 and did remain so until 0705, 950807.  A period of 20 minutes.
Award:  Forfeiture of $150 per month for 2 months (suspended for 6 months), restriction and extra duty for 20 days.  No indication of appeal in the record.

950829:	Retention Warning from Commanding Officer, Amphibious Construction Battalion Two:  Advised of deficiency (repeated violations of unauthorized absences.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

970116:	NJP for violation of UCMJ, Article 86: (6 specifications).
Specification 1: Unauthorized absence from Morning Quarters at 0645, 961119.
Specification 2: Unauthorized absence from Morning Quarters at 0645, 961120.
Specification 3: Unauthorized absence from Morning Quarters at 0645, 961121.
Specification 4: Unauthorized absence from Morning Quarters at 0645, 961122.
Specification 5: Unauthorized absence from Morning Quarters at 0645, 961126.
Specification 6: Unauthorized absence from Morning Quarters at 0645, 961127.
Violation of UCMJ, Article 91: Insubordinate conduct towards a Petty Officer.
	Violation of UCMJ, Article 92: Failure to obey order (failed to have room ready or inspection on 961109).
Award:  Forfeiture of $100 per month for 1 month, restriction and extra duty for 30 days, reduction to E-2 (suspended for 6 months).  No indication of appeal in the record.

970619:	Applicant notified of intended recommendation for discharge with the least favorable characterization of service as general (under honorable conditions) by reason of misconduct due to pattern of misconduct.

970619:	Applicant advised of rights, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation and to submit statements.

970625:	NJP for violation of UCMJ, Article 86 (2 Specifications): 
Specification 1:  Unauthorized absence from Morning Quarters at 0645, 970610, until 0650, 970610.  A period of 5 minutes.
Specification2:  Unauthorized absence from Morning Quarters at 0645, 970606 until 0945, 970606.  A period of 3 hours.
Violation of UCMJ, Article 117: Did on or about 970603, wrongfully us reproachful words, to wit: “I’m not your F_ shipmate.” Or words to that effect towards Petty Officer A_, U.S. Navy.
	Award:  Restriction and extra duty for 35 days, reduction to E-2.  No indication of appeal in the record.

970716:	DD Form 214 issued.  Applicant discharged by reason of misconduct due to a pattern of misconduct with a general (under honorable conditions).

970721:	Commanding Officer, Amphibious Construction Battalion TWO, advised BUPERS of Applicant’s separation with a general (under honorable conditions) by reason of misconduct due to a pattern of misconduct.

050511:	NDRB Documentary review conducted case # ND05-00470 voted 5-0 “NO CHANGE”.

Service Record contains a partial Administrative Discharge package.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The Applicant was discharged on 19970716 by reason of misconduct due to a pattern of misconduct (A) 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 (B and C).  The Board presumed regularity in the conduct of governmental affairs (D).

By a vote of  the Characterization shall  General (Under Honorable Conditions).	
By a vote of  the Narrative Reason shall  Pattern of Misconduct.

The NDRB is authorized to consider post-service factors in the recharacterization of a discharge.  However, 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 the civilian life subsequent to leaving the service.  Normally, to permit relief, a procedural impropriety or inequity must have been found to have existed during the period of enlistment in question.  Outstanding post-service conduct, 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, is considered.  The Applicant provided two letters of recommendation, his written statement and testimony as documentation of his post-service accomplishments which include career fire fighter, police and fire dispatcher, owner of a small business, volunteer to ambulance corps, living a clean life without law infractions, fireman training and course work.  The Board determined that the documentation and testimony provided by the Applicant did not mitigate the misconduct which resulted in his administrative discharge and characterization of service.    

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C, Change 14, effective 03 Oct 96 until 11 Dec 97), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT - A 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.

D.  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