Author: CAP
Last saved by: Department of the Navy
Company: NCPB

Docket No. ND99-01075

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

 ex-SR, USN
Docket No. ND99-01075

Applicant’s Request

The application for discharge review, received 990809, requested that the characterization of service on the discharge be changed to honorable.  The applicant requested a personal appearance hearing.  The applicant did not list any representative on the DD Form 293. In the acknowledgement letter to the applicant, he was informed that the Naval Discharge Review Board (NDRB) first conducts a documentary review prior to any personal appearance hearing.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000417.  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 when issued.  However, based on the applicant’s post-service conduct since his discharge, the Board’s vote was 4 to 1 that the character of the discharge shall change and unanimous that the reason will remain the same.  The discharge shall change: UNDER HONORABLE CONDITIONS (GENERAL) /Misconduct - Pattern of misconduct, authority: NAVMILPERSMAN, Article 3630600.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues

1.  Navy Discharge three times rule.  I contend my infractions were due to extreme immaturity at the time of discharge.  I feel I have proven a responsible move into adulthood.

2.  Severity of infractions.  I believe that these wee not severe enough to warrant a bad discharge.  I wish to state I was never offered any type of counciling to correct my behavior while on active duty.

Documentation

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

Character reference dated June 24, 1999
Copy of General Education Development Diploma dated August 7, 1997
Certificate for an EMT-Paramedic dated August 17, 1998
Certificate of Firefighter Level 1B and card dated June 15, 1993
Copy of certificate for Firefighter Level 1-C Winter 1996
Certificate of Completion for Emergency Response to Terrorism self-study dated June 26, 1998
Certificate of Training for Tactical Operations and card dated June 11, 1995
Certificate for specialized fire protection course dated July 24 - 29, 1994
Certificate of training for Managing Company Tactical Operations - Preparation dated February 19, 1995
Certificate of training for Managing Company Tactical Operations - Decision making dated March 19, 1995
Certificate of training for Managing Company Tactical Operations - Tactics dated April 22, 1995
Certificate and card for Fire Safety Inspector dated May 12, 1994
Certificate of Attendance for Managing Company Tactical Operations - Tactics dated June 11, 1995
Certificate of Training for Fire Department Response to Carbon Monoxide dated January 6, 1997
Certificate of Continuing Education for Hazardous Material Technician dated May 16-20, 1994
Certificate of Attendance for Initial Response to Hazardous Materials Incidents - Concept Implementation dated June 19, 1994
Certificate of Hazardous Materials Operations dated March 23, 1996
Certificate of Training for Hazardous Materials : Pesticide Challenge dated March 14, 1993
Certificate of Fire Service Rescue Practices I dated July 19-24, 1998
Certificate of Completion of Basic and Intermediate Rope Rescue dated August 2, 3, 30 and 31 1993
Certificate of Continuing Education for Confined Space Entry Training dated September 23, 1994
Certificate of Achievement for Basic River Rescue dated May 15, 1998
Certificate of Achievement for Extrication Techniques and Training dated December 11 and 12, 1998
Certificate of Continuing Education for Confined Space Rescue dated May 25, 26, 1995
Certificate of training in Trench Rescue dated April 25, 1992
Certificate for Rescue/Advanced Auto Extrication dated May 10-14, 1993
Certificate for Registered Emergency Medical Technician Paramedic dated August 22, 1998
Copies of cards for: Firefighter 1C - Level II, Ohio Driver License, Health Care Providers Program, Paramedic, Basis Trauma Life Support, and Advanced Cardiac Life Support Program
Certificate for Bicycle Patrol Operations dated September 20, 1996
Copy of Certificate for Basic EMT and card dated February 2, 1996
Copy of police record check for City of Centerville
Statement from applicant

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	871116 - 871125	COG

Period of Service Under Review:

Date of Enlistment:  871125		Date of Discharge:  900127

Length of Service (years, months, days):

	Active:    02  02  03
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  52

Highest Rate:  SN

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF			Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  AFEM 

Days of Unauthorized Absence:  None

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

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct - Pattern of misconduct, authority:  NAVMILPERSMAN, Article 3630600.

Chronological Listing of Significant Service Events:

880916:	NJP for violation of UCMJ, Article 91: Disrespectful in language toward PO, violation of UCMJ, Article 92 (2 specs): Failure to obey a lawful order, violation of UCMJ, Article 95: Resisting arrest.
	Award:  Forfeiture of $100 per month for 1 month, restriction and extra duty for 20 days.  No indication of appeal in the record.

890830:	NJP for violation of UCMJ, Article 91: Disobeying lawful order from a superior petty officer on 11Jul89, violation of UCMJ Article 134: Wrongfully possess a military Armed Forces identification card on 3Jul89.
	Award:  Forfeiture of $100 per month for 2 months, restriction and extra duty for 20 days, reduction to SA.  Reduction suspended for 6 months.  No indication of appeal in the record.

891007:	Vacate suspended reduction to SA awarded at CO's NJP of 30Aug89 due to continued misconduct.

891007:	NJP for violation of UCMJ, Article 91: Disrespectful in language to a superior petty officer, violation of UCMJ, Article 92: Disobeying a lawful order from a superior petty officer on 5Sep89.
Award: Restriction and extra duty for 30 days.  No indication of appeal in the record.

891011:	Retention Warning from USS WABASH (AOR 5):  Advised of deficiency (Disobeyed lawful orders twice, disrespectful to a senior petty officer, knowingly and wrongfully possessed a military ID card with incorrect birthdate.), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning. 

891107:	Summary Court-Martial.
	Charge I: violation of the UCMJ, Article 91 (2 specs).
	Specification 1: Disrespectful in language to a Superior Senior Chief Petty Officer
	Specification 2: Disobeying a lawful order from a Superior Petty Officer on 15Oct89.
	Charge II: violation of the UCMJ, Article 117:
	Specification: Wrongfully use provoking words on 15Oct89.
	Finding:  to Charge I and II the specifications thereunder, guilty.
	Sentence:  Forfeiture of $465.00, confinement for 30 days, reduced to SR.
	CA action 891107: Sentence approved and ordered executed.

891109:	Applicant to confinement.

891117:	USS WABASH (AOR 5) notified applicant of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct as evidenced by your service record.

891121:  	Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation.

891203:	Applicant released from confinement and returned to full duty.

891227:	Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

900120:	CNMPC 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 900127 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 when issued.  However, in light of the applicant’s post-service conduct, the Board considers the applicant’s discharge inequitable at this time(C and D).

Responding to the applicant’s issues, while the Board did feel that the applicant’s post-service conduct was laudable, the Board did not feel it appropriate to upgrade the applicant’s discharge to honorable considering the applicant’s misconduct.  Based on the applicant’s post-service conduct, most notably his service to the local fire department and emergency trauma, the applicant’s discharge characterization will be changed to general.  The applicant is reminded that he remains eligible for a personal appearance hearing provided that his application is received within 15 years of his discharge.

Pertinent Regulation/Law (at time of discharge)

A.  Naval Military Personnel Manual, (NAVPERS 15560A, Change 8 effective 21 Aug 89 until 14 Aug 91), 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/A9301/A9401/A9222