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Docket No. ND00-00685

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

ex-GSMFR, USN
Docket No. ND00-00685

Applicant’s Request

The application for discharge review, received 000508, requested that the characterization of service on the discharge be changed to honorable.  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 010111.  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 1910-140 (formerly 3630600).

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

1.  I am applying to the Board to have my discharge up graded to an honorable.  This will aid me in future endeavors.  Since my discharge I have continued to be a benefit to my community as before my active duty service as referenced in the attached letters.

I am working to support myself and attend school full time to better myself.  I have had no problems since my discharge and have learned a valuable lesson from the errors made while in the Navy.

I am submitting this request in the hopes that the board will have leniency with my request as the up graded discharge will prove beneficial in my future.

Your assistance in this matter will be most helpful.  Respectfully

Documentation

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

Copy of DD Form 214 (2 copies)
Letter from Springbrook Hospital dated January 24, 2000
Character reference dated November 23, 1999
Character reference dated November 20, 1999
Job reference dated December 3, 1999
Letter from applicant dated January 27, 2000

PART II - SUMMARY OF SERVICE

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

	Active:   None
	Inactive: USNR (DEP)	970226 - 980119	COG

Period of Service Under Review:

Date of Enlistment:  980120		Date of Discharge:  990729

Length of Service (years, months, days):

	Active:    01  06  10
	Inactive:  None

Age at Entry:  18			Years Contracted:  4

Education Level:  12			AFQT:  62

Highest Rate:  GSMFA

Final Enlisted Performance Evaluation Averages (number of marks):

Performance:  NMF		Behavior:  NMF		OTA:  NMF

Military Decorations:  None

Unit/Campaign/Service Awards:  None 

Days of Unauthorized Absence:  45 

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

UNDER OTHER THAN HONORABLE CONDITIONS/PATTERN OF MISCONDUCT, authority:  NAVMILPERSMAN, Article 1910-140 (formerly 3630600).

Chronological Listing of Significant Service Events:

981007:	NJP for violation of UCMJ, Article 86: Fail to go.
	Award: Forfeiture of $199 per month for 1 month, restriction and extra duty for 14 days.  No indication of appeal in the record.

981104:	NJP for violation of UCMJ, Article 86: Unauthorized absence 0600, 21Oct98 to 1245, 25Oct98 (4 days/surrendered).
	Award: Forfeiture of $150 per month for 1 month, restriction and extra duty for 10 days.  No indication of appeal in the record.

990211:	NJP for violation of UCMJ, Article 86 (2 specs):  (1) Unauthorized absence from 1600, 12Dec98 until 1800, 31Dec98 (19 days/surrendered), (2) Unauthorized absence from 1600, 12Jan99 until 1400, 7Feb99 (26 days/surrendered).
	Award: Forfeiture of $500 per month for 2 months, restriction and extra duty for 30 days, reduction to GSMFR.  No indication of appeal in the record.

990729:	DD Form 214: Discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct.

Discharge package missing.

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 990729 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 Board found that the applicant had 3 NJP’s within her 1 year and 6 months of service.  The unauthorized absences included a 4 day absence, a 19 day absence and a 26 day absence.  Since the applicant’s discharge package is missing, the Board assumes regularity.  The applicant did not raise issues of error or prejudice.  The Board finds the applicant’s issue is one for consideration of post service clemency, which is addressed in the following paragraph.

The Board found there is no law or regulation that provides for the upgrade of an unfavorable discharge based solely on the passage of time, or good conduct in the civilian life subsequent to leaving the Service.  However, the Board is authorized to consider post-service factors in the recharacterization of a discharge (D).  Those factors include, but are not limited to, the following:  evidence of continuing educational pursuits (transcripts, diplomas, degrees, vocational-technical certificates), a verifiable employment record (Letter of Recommendation from boss), documentation of community service (letter from the activity/community group), certification of non-involvement with civil authorities (police records check) and proof of his not using drugs (detoxification certificate, AA meeting attendance or letter documenting participation in the program) in order for consideration for clemency based on post-service conduct.  At this time, the applicant has not provided sufficient documentation of good character and conduct.  Therefore no relief will be granted based on issue 1.  The applicant is encouraged to continue with her pursuits and is reminded that she 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 18, effective
12 Dec 1997 until Present, Article 1910-140 (formerly 3630600), SEPARATION BY REASON OF MISCONDUCT - 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 view DoD Directive 1332.28 and other Decisional Documents by going online at “afls14.jag.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:

		Naval Council of Personnel Boards
		Attn:  Naval Discharge Review Board
		720 Kennon Street SE Rm 309
		Washington Navy Yard DC  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/A9223/A9231/A9217