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Docket No. ND99-00313

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

 ex-MSSA, USN
Docket No. ND99-00313

Applicant’s Request

The application for discharge review, received 990104, requested that the characterization of service on the discharge be changed to general/under honorable conditions.  The applicant requested a documentary record discharge review.  The applicant did not list any representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000110.  After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service.  The Board’s vote was unanimous that the character of the discharge shall not change.  The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/ PATTERN OF MISCONDUCT, authority: NAVMILPERSMAN, Article 3630600.

The NDRB did note an administrative error on the original DD Form 214.  Block 25, Separation Authority should read:  “3630600” vice “2620600”.  The original DD Form 214 should be corrected or reissued as appropriate. 

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  During my short duration as a servant of my country, I made many immature decisions, when in retrospect, I see the error of my ways.  In the 2 1/2 years since my discharge, I have been a law abiding hard working member of society and would be honored to have the opportunity to serve my country once again.
I simply made mistakes, which I have learned from and am truley embarrassed and sorry about.  I have fought and struggled to make it in this world and want very much to once again experience the prestige and honor of serving my country.  I am know mature and responsible enough to eccell in the military.  I just hope my earlier mistakes wount punish me for a lifetime.

Documentation

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

None

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	940726 - 950717	COG

Period of Service Under Review:

Date of Enlistment:  950718		Date of Discharge:  960807

Length of Service (years, months, days):

	Active:    01  00  20
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  68

Highest Rate:  MSSA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMA		Behavior:  NMA	OTA:  NMA

Military Decorations:  None

Unit/Campaign/Service Awards:  NER, NDSM

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

960229:	NJP for violation of UCMJ, Article 86:  Unauthorized absence.
	Award:  Restriction and extra duty for 30 days.  No indication of appeal in the record.  [Extracted from CO's message dated 17 Jul 96.]

960620:	Retention Warning from [Commander, Destroyer Squadron]:  Advised of deficiency (Habitual unauthorized absences, improper wearing of uniform, and personal finances.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

960713:	NJP for violation of UCMJ, Article 86:  Unauthorized absence.
	Award:  Restriction and extra duty for 30 days.  No indication of appeal in the record. [Extracted from CO's message dated 17 Jul 96.]

960716:	USS PETERSON notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and alcohol abuse rehabilitation failure. [Extracted from CO's message dated 17 Jul 96.]

960716:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights. [Extracted from CO's message dated 17 Jul 96.]

960717:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct and alcohol abuse rehabilitation failure.  Commanding officer’s comments: (verbatim):  MSSA applicant's habitual unauthorized absence despite repeated counseling demonstrates a lack of maturity and dependability.  Referred for mandatory ARC Level III treatment, his voluntary separation from the program due to nonparticipation demonstrates his obvious poor judgement and further illustrates a lack of integrity and dependability.  His misconduct aptly demonstrates a lack of potential for future productive service.  An other than honorable discharge is recommended.

960805:	BUPERS directed the applicant's discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 960807 under other than honorable conditions for misconduct due to a pattern of misconduct (A).  The Board presumed regularity in the conduct of governmental affairs (B).  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).

The applicant introduced no decisional issues for consideration by the Board.  The Board does not have authority to upgrade a discharge for the sole purpose of enhancing employment opportunities or to effect reentry into the Service.  The Board’s charter limits its review to a determination on the propriety and equity of the discharge.

Further, the Board does not accept youth and immaturity as factors sufficient to exculpate the applicant from the consequences of his prior misconduct. The applicant had received counseling concerning his behavior and was provided the opportunity to complete an alcohol rehabilitation program. 

Accordingly, following a thorough review of the applicant’s record, the Board found the discharge to be appropriate, proper, and equitable.  

However, the applicant is reminded that he is eligible for a personal appearance hearing provided the application is received within 15 years from the date of discharge.
Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560C, Change 9, effective 
22 Jul 94 until 02 Oct 96), Article 3630600, SEPARATION OF ENLISTED PERSONNEL BY REASON OF MISCONDUCT – A PATTERN OF MISCONDUCT. 

B.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.  

C.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D.  Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

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 obtain a copy of DoD Directive 1332.28 by writing to:

		DA Military Review Boards Agency
		Management Information and Support Directorate
		Armed Forces Reading Room
		Washington, D.C.  20310-1809

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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		Washington Navy Yard
		720 Kennon St SE Rm 309
		Washington, D.C.  20374-5023

The remaining portion of this document is divided into 4 Parts: Part I - Applicant’s Issues and Documentation, Part II - Summary of Service, Part III – Rationale for Decision and Pertinent Regulation/Law, Part IV - Information for the Applicant.
INDEX:  A6750/A9217/A9301/A0145/A0147/A9221