ex-FA, USN
ND06-01145

Current Discharge and Applicant’s Request:

Application Received:  				20060905
Characterization of Service:			
Narrative Reason for Separation:			MISCONDUCT - PATTERN OF MISCONDUCT
Discharge Authority:				MILPERSMAN 3630600
Last Duty Assignment/Command at Discharge:	USS PRAIRIE AD-15

Applicant’s Request:	
	Characterization change to:		
	Narrative Reason change to: 		
	Review Requested:			
Representation:  					

Decision:

Date of Decision:					20070727
Location of Board:				Washington D.C.
Complete Service Record:				
Complete Medical Record:			
Complete Discharge Package:			

Regarding propriety, the Board found the discharge:	
Regarding equity, the Board found the discharge:	
 (BCD only) The Board found that clemency was: 	

By a vote of  the Characterization shall  .	
By a vote of  the Narrative Reason shall   - PATTERN OF MISCONDUCT.

Applicant’s Issues as Summarized by the Board:

1.  Record of service - Equity 

Summary of Service:

Prior Service:
Inactive: NONE
Active:   NONE
Period of Service Under Review:
Date of Enlistment:  				19890828
Years Contracted:  				
Date of Discharge:				19920812
Length of Service:				02  Yrs  11  Mos  15  Days
Time Lost During This Period:			

Education Level:  				
Age at this Enlistment:  				
AFQT:  						43
Highest Rate/Rank:				FA

Performance Evaluation Averages (number of marks):
Performance:					3.1 (3)
Behavior:					3.3 (3)
OTA:						3.33

Awards and Decorations (as listed on the DD Form 214):  Sea Service Deployment Ribbon with one bronze star, Southeast Asia Service Medal with one bronze star, Battle "E" , National Defense Service Medal.

Service Record Entries Related to Characterization of Service or Narrative Reason for Separation

19890828:	Applicant ordered to active duty for 36 months.

19910613:	NJP for violation(s) of UCMJ:
	Article 92:  Violation of a lawful general regulation, to wit:  SECNAVINST 1700.11C by wrongfully possessing and consuming alcohol while being a minor.
	Article 134:  Possession of an unauthorized military ID card.
	Award:  Forfeiture of $376.00 for 1 month, restriction and extra duty for 45 days, reduction to E-1.
	No indication of appeal in the record.

19920323:	NJP for violation(s) of UCMJ:
	Article 86:  UA for a period of 30 minutes.
	Award:  Forfeiture of $100.00 for 1 month, restriction and extra duty for 10 days.
	No indication of appeal in the record.

19920326:	Retention Warning:  Advised of deficiency (A review of your service record reveals misconduct or minor disciplinary infractions as evidenced by two Commanding Officer’s nonjudicial punishments within the current enlistment.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

19920629:	NJP for violation(s) of UCMJ:
	Article 86:  UA from appointed place of duty.
	Article 91:  Disrespectful in language towards a petty officer.
	Article 92:  Disobeyed a lawful order.
	Award:  Forfeiture of $309.00 for 1 month, restriction and extra duty for 40 days.
	No indication of appeal in the record.

Medical Record Entries Related to Characterization of Service or Narrative Reason for Separation

19920717:	Alcohol and Drug Abuse screening/evaluation:
	NJP 1990 - Entered female berthing while drunk.
	Assessment:  Alcohol abuse.
	Recommendation:  CAAC outpatient program. Applicant displays a pattern consistent w/ dependence and should be discharged from the USN.

Elements of Discharge:  [INVOLUNTARY]

Discharge Process:				
Date Notified:					19920701
Reason for Discharge				 due to:  
Least Favorable Characterization:			
Record Supports Narrative Reason:			
Date Applicant Responded to Notification:		19920703
Rights Elected at Notification:
Consult with Counsel			
Administrative Board			
Obtain Copies	  			
Submit Statement(s) (date)			
GCMCA Review				

Recommendation of Commanding Officer (date):	  (19920714)
Separation Authority (date):	BUPERS (19920727)
Narrative reason directed:				
Characterization directed:	
Date Applicant Discharged:			19920812

Additional Information Considered by Board

Type of documentation submitted by the Applicant and considered by the Board
       
       	Document Type					#Pages
       Related to Period of Service Under Review:
	Service/Medical Record:				1
	Other Period of Service:				0
       Related to Post-Service Period:
	Community Service:				0
	Education:					0
	Employment:					0
	Health/Medical:					0
	Character Statements:				0
	Criminal Records Checks:				0
	Additional Statements from Applicant:		0
        Other Documentation	 (Describe Below)		0

        Total Number of Pages:				1

       Description of Other Documentation:
       	     

Applicant’s Issue as Summarized by the Board:

1.  Record of service - Equity 

Decisional Issues:

Issue 1 ().  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 condition 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 one retention warning and 3 nonjudicial punishment proceedings for violations of UCMJ Articles 86
(Unauthorized absence), 91(Disrespect towards a petty officer) and 92 (Disobeying a lawful order).  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 denied. 

In reviewing discharges, the Board presumes regularity in the conduct of Government affairs unless there is substantial credible evidence to rebut the presumption, to include evidence submitted by the Applicant.  After a thorough review of the available evidence, to include the Applicant’s Summary of Service, Service Record Entries, Medical Record Entries, Elements of Discharge and evidence submitted by the Applicant, the Board found the Applicant’s discharge proper and equitable.

Pertinent Regulation/Law

A.  Naval Military Personnel Manual, (NAVPERS 15560C, effective 15 August 1991 until 04 March 1993), 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 II, Para 211, Regularity of Government Affairs, Part V, Para 502, Propriety and Para 503, Equity.

C.  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 91(Disrespect towards a petty officer) and 92 (Disobeying a lawful order).

ADDENDUM:  Information for the Applicant

Complaint Procedures:  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”.

Additional Reviews:  Subsequent to a document review, former members are eligible for a personal appearance hearing, provided the 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.  If a former member has been discharged for more than 15 years, has already been granted a personal appearance hearing or has otherwise exhausted his opportunities before the NDRB, the Applicant may petition the Board for Correction of Naval Records (BCNR), 2 Navy Annex, Washington, DC 20370-5100 for further review.

Service Benefits:  The Veterans Administration determines eligibility for post-service benefits, not the Naval Discharge Review Board.  There is no requirement or law that grants recharacterization solely on the issue of obtaining Veterans' benefits and this issue does not serve to provide a foundation upon which the Board can grant relief.

Employment/ Educational Opportunities:  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.  

Reenlistment/ RE-code:  Since the NDRB has no jurisdiction over reenlistment, reentry, or reinstatement into the Navy, Marine Corps, or any other of the Armed Forces, the NDRB is not authorized to change a reenlistment code.  Only the Board for Correction of Naval Records (BCNR) can make changes to reenlistment codes.  Additionally, the Board has no authority to upgrade a discharge for the sole purpose of enhancing reenlistment opportunities.  An unfavorable “RE” code is, in itself, not a bar to reenlistment.  A request for a waiver can be submitted during the processing of a formal application for reenlistment through a recruiter.

Medical Conditions and Misconduct:  DoD disability regulations do not preclude a disciplinary separation.  Appropriate regulations stipulate that separations for misconduct take precedence over potential separations for other reasons.  Whenever a member is being processed through the Physical Evaluation Board, and subsequently is processed for an administrative involuntary separation for misconduct, the disability evaluation is suspended.  The Physical Evaluation Board case remains in suspense pending the outcome of the non-disability proceedings.  If the action includes either a punitive or administrative discharge for misconduct, the medical board report is filed in the member’s terminated health record.  Additionally, the NDRB does not have the authority to change a narrative reason for separation to one indicating a medical disability or “PTSD.”  Only the Board for Correction of Naval Records can grant this type of narrative reason change.  

Automatic Upgrades - 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 may be provided to the Board include proof of educational pursuits, verifiable employment records, documentation of community service, credible evidence of a substance free lifestyle and certification of non-involvement with civil authorities.  

Issues Concerning Bad-Conduct Discharges (BCD) – Because relevant and material facts stated in a court-martial specification are presumed by the NDRB to be established facts, issues relating to the Applicant’s innocence of charges for which he was found guilty cannot form a basis for relief.  With respect to a discharge adjudged by a court-martial, the action of the NDRB is restricted to upgrades based on clemency.  Clemency is an act of leniency that reduces the severity of the punishment imposed.  

Board Membership:  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